New licence conditions and code of practice implemented for Hong Kong cat traders.
The Agricultural, Fisheries and Conservation Department (AFCD) implemented nnew License Conditions (LC) and Code of Practice (COP) for cat traders which began on 1st April 2024. The Government press release mentioned that the implementation of these two measures was to: -
Ensure that cats put up for sale by animal traders should be obtained from approved sources and microchipped;
Tighten the control of cats offered for sale by animal traders; and
To safeguard public health and animal welfare.
In short, the newly implemented LC is to regulate cats that are obtained for sale, which must only come from three sources: (1) legal imports into Hong Kong, (2) other licensed animal traders, and (3) private pet owners.
Upon the issuance of a licence, the licensee must observe relevant animal legislation currently enforced in Hong Kong as stipulated in the LC. As for the COP, there are regulations as to
Legal Responsibilities;
Duty of care of a licensed animal trader
Environment and Facilities,
Competencies of the licensee and staff,
Requirements for the cats and
Upon completion of the sale.
Although COP is generally non-legally binding, the AFCD can prosecute individuals who violate the COP, particularly on animal cruelty and the breach of license conditions.
Implementing the new LC and COP for cat traders is undoubtedly a collaborative advantage for consumers and the welfare of the respective animals. From the consumers’ perspective, the health standard of the cat is ensured, and the possibility of the lack of conformity of the goods is reduced. From the welfare perspective, the COP provided guidelines regarding the pre-sell cats’ environment, condition and treatment by the licensee.
Nonetheless, several questions nevertheless remain despite the implementation of the LC and COP.
Illegal imports
For instance, earlier this year, there was news regarding the illegal import/”underground” transaction of pets from the Mainland.
According to the present law, it is necessary that the pets imported need to undergo 120 quarantine days before being placed in pet shops for sale. However, that news suggested that a famous Chinese social media application - “Xiaohungshu”, has many advertisements for importing pets from Mainland China to Hong Kong, which only require 3 hours before a purchaser is able to be with their pet.
Under this newly implemented LC, where only “legal imports into Hong Kong” are one of the only regulated sources, the cats or other pets imported via these underground and unscrupulous channels simply cannot be protected under this regulation. Hence, from the consumers’ perspective, the quality or the health of these pets upon delivery to the consumers is also unlikely to be protected since it involved import via illegal means.
Although such transactions may result in the prosecution of relevant parties, the welfare of these illegally imported animals is still unlikely to be protected through a prosecution. In such scenarios, the Customs and Excise Department would usually request local animal welfare organisations such as the HK SPCA to take over these pets for adoption, or where the animals are unfortunately in. a terrible condition, these organisations are likely to spend a lot of time and money to try their best to nurse them to health.
Therefore the question becomes - how do we stop the illegal importation of animals into Hong Kong?
Ethical Breeding
The LC and Cop have provided guidelines on the safekeeping of the environment of the animal keeping premise and also the healthiness of cats. However, it does not limit the frequency that the breeding cats can breed.
In a cat’s reproductive cycle, cats can have up to 5 pregnancies per year with a pregnancy period of 63 - 65 days. Hence, a cat recovers quickly after giving birth and can get pregnant soon. From the business perspective, licensees or breeders may prefer a high quantity of litters and force cats to breed up to 5 times a year.
It is common knowledge that any female mammal postpartum should be given suitable rest for recovery. Furthermore, there is also a possible situation of inbreeding, which increases the possibility of genetic mutations in cats. It is unclear whether the newly implemented LC or COP would allow the AFCD to prosecute or remove the licencing from the breeder for unethical or over-breeding scenarios.
Unlicensed breeder
As mentioned, the LC or COP only regulates the sale of cats from the three established sources. But what about the unlicensed breeder or breeders whose license was removed by the department but continues to operate underground? Is it possible that the AFCD or the Hong Kong Police Force (HKPF) have the power to prosecute them for violating the LC or COP or any of the animal related laws in Hong Kong?
Latent Disease
The LC also discussed the need for legal importers, licensees, and private breeders to ensure cats that are sold are healthy. However, there is a possibility that cats have latent/hidden diseases (e.g. Feline immunodeficiency virus (FIV), Feline infectious peritonitis (FIP), Feline lower urinary tract disease (FLUTD) etc.) and may not be easily discovered.
In addition, these latent diseases usually appear in cats later in their lives. In this scenario, neither the LC or COP seem to provide a guideline on whether these stakeholders need to conduct a clinical test or veterinary assessment on these cats before selling the cats. Secondly, would these parties be liable for not doing these tests, and the consumer ultimately discover that the cat that he/she bought was discovered to have a hidden genetic disease?
The introduction of the LC and the COP in relation to the sale of cats are a tremendous step forward. However we need to consider the illegal methods and routes which unscrupulous people will continue to exploit for the sake of money, at the expense of the welfare and lives of animals. We need to continue to be vigilant for these proprietors and ensure that the relevant law enforcement authorities are contacted.
At the end of the day, it should always be the welfare of animals that is prioritised, not economy.
Courtesy of Eufrosina Liu.
