In what could be one of Hong Kong’s longest sentences in recent years relating to animals, 31-year-old defendant Leung Ting-fung was sentenced to 28 months’ imprisonment by Judge Leung Lee Hing-nin for smuggling 117 cats and 46 dogs into the city via speedboat (Case Number: DCCC945/2022).

The defendant pleaded guilty to five charges before the District Court, including cruelty to animals, importing unmanifested cargo, and endangering the safety of others at sea.

In justifying the sentence, Judge Lee took into account the large number of animals involved and the inhumane smuggling conditions – the animals had inadequate access to food, water and space, causing them to collapse on top of one another in their own excrement. Further, the defendant sailed without a certificate of inspection at night and attempted to abscond when discovered by the police, recklessly steering and increasing the risk of injury and death to the animals, as well as the safety of others at sea. These factors, coupled with the tragic fact that 60 of the animals died within two months, all the more increased the defendant's culpability.

This case is significant, for Judge Lee notably departed from the lenient sentences traditionally issued for animal cruelty cases. Typically, such cases result in only a few weeks of imprisonment: a labourer inspector who hit and stomped a dog with a stool received a sentence of three weeks (Case Number: ESCC57/2023), whilst an electrician, found to have abused two cats by slashing one’s tail and throwing another against a wall, was sentenced to two weeks imprisonment (Case Number: ESCC57/2022). Even an owner of an illegal dog farm – where 101 dogs were trapped in cages, suffered from malnutrition and hair loss, and had their vocal cords cut off – was only subjected to a seven-week sentence back in 2020.

Thoughts:

Whilst the stricter penalty in this case is certainly welcomed, we should nevertheless be reminded of Hong Kong’s problematic sentencing landscape.

The broad applicability of the Prevention of Cruelty to Animals Ordinance (Cap. 169), which confers protection to all animals including mammals, birds, reptiles, amphibians, fish, or any other vertebrate or invertebrate – whether wild or tame – renders it difficult for courts to implement consistent sentences. This, exacerbated by the Court of Appeal’s refusal to provide sentencing guidelines for animal cruelty in 2017 (see Secretary for Justice v Fung Chi Hoi), creates an undesirable phenomenon in which vastly different sentences may be imposed depending on the magistrate in each individual case.

Furthermore, the Hong Kong pet trade continues to thrive despite the countless number of campaigns that seek to invite people to adopt - rather than shop. The pet trade is extremely poorly regulated in Hong Kong, especially when it comes to cats. Under Cap 139B, those that trade and breed dogs are well monitored and controlled, whilst the same strict overwatch is completely foregone when it comes to cats. This is why we are seeing a larger number of pet stores moving away from puppies to now selling kittens and cats. 

The desire for pedigree and pure bred cats only perpetuates the cycle of illegitimate breeders who wouldn’t care less about the welfare of the animals. We also see a large number of animals being illegally transported from Mainland China to fulfil the needs of those who want designer pets. The above is one such example, where the pecuniary gain through the illegal transhipment of animals motivates offenders. It is also abundantly clear that the health, welfare and safety of the animals being transported into Hong Kong is practically nil. Animals are crammed into small cages, with no food, water or space. It’s a true miracle that even a small percentage of these animals arrive into Hong Kong alive.

We have also seen offenders, when pursued by Hong Kong law authorities, dump their cargo (i.e throw the cages of animals overboard) in order to lighten their vessel to evade authorities. Kennels and cages of dead animals continue to wash up on our beaches - as offenders value their own liberty over the lives of the hundreds of animals that they should be responsbile for.

The Hong Kong pet trade has significant problems and we need to break the cycle of harm they continue to cause to animals.

Remember - adopt don’t shop.

Courtesy of Wai Yan Janet Lam

Main Source: The Standard