Tell Me More: Founding HKALPO
HKALPO was launched in March 2020. Since then, we have published over 150 animal related news and blog articles. In addition to writing for the HKALPO blog, our founder and barrister, Kim J McCoy has been working tirelessly to further animal welfare and rights in Hong Kong. Most recently, he appeared for the applicant in Pang Lok Sze v Director of Public Prosecutions, challenging the DPP’s decision not to prosecute two suspects involved in a horrific case of animal cruelty, wherein 30 animals were thrown out of an apartment block in Tsing Lung Tau.
In this instalment of Tell Me More, we interview our founder Kim and talk about starting HKALPO, animal law in Hong Kong, and his love for animals in general.
First and foremost - let's talk about your love for pangolins.
To me, pangolins are one of the most beautiful and intriguing animals on this earth. In-fact, it was only in the last few years that I began this almost strange obsession with them. There are eight species of pangolins in the world, found only in Africa and Asia, and are all threatened with extinction. The word ‘pangolin’ actually comes from the Malay word ‘penggulung’ which means ‘one that rolls up’, reflective of the fact that in order to evade predators, they are able to roll themselves into a tight ball. As they are covered with overlapping scales, their armour is almost impenetrable.
However, and given their natural instinct to roll into a ball, they are extremely easy targets for poachers, and have become the world’s most heavily trafficked animals. Pangolins have long been trafficked for Traditional Chinese Medicinal purposes. Whole or parts of pangolins such as their scales and foetuses are popular in high demand. Not only are pangolins poached for medicinal purposes, they are also hunted for food. Pangolin meat and products are considered a luxury throughout Asia and viewed as a status symbol. The IUCN estimates that a pangolin is captured from the wild every 5 minutes.
The rarity of these animals and their unique biology and character has only increased my love for them. I myself have never seen a live pangolin, and I hope that more people get the chance to appreciate these animals before the greed of humans drives them to an almost inevitable extinction.
Why did you start HKALPO?
It’s remarkable what people dream up when there is a worldwide pandemic. Some people got into home workouts, others into sourdough baking, and here I am, starting up HKALPO.
It was a disappointing realisation that despite the number of legal professionals in Hong Kong, there was a distinct lack of an organisation that concentrated on animals and the laws relating to their welfare. But that is not to say this was an uncharted area. There has been a lot of work done in the animal law arena - especially by Associate Professor Amanda Whitfort, who is such an inspiration. Her research and comparative reviews continue to pioneer the way forward for animals in Hong Kong. It was after speaking to her and identifying the best way forward to assist her and her work that HKALPO began.
I think for me, we don’t talk enough about animals and the way they are treated in Hong Kong - this extends to both domesticated animals and wildlife. We have amazing organisations such as ADMCF and HK Shark Foundation that are constantly advocating for better welfare for animals, but may not get the limelight and/or exposure they deserve. We also are fortunate to have Dr. Fiona Woodhouse of the SPCA and other animal rescue organisations that work tirelessly to help animals in need. All of these NGO’s and organisations deserve to be celebrated and supported, and hopefully through our social media and membership, we are able further their mission and work collaboratively for all animals.
I hope the genesis of the HKALPO will be a strong and positive step in the quest to bring awareness to the problems and issues animals face, and hope that with time, we are able to make a difference in not only Hong Kong, but worldwide.
What would you like to achieve through HKALPO?
The ultimate goal really is to ensure that the laws relating to animals in Hong Kong are en par/as protective as those in other jurisdictions. We aim to do this through different means, including: joint collaborative efforts with other NGO’s in their quest to change existing laws in Hong Kong; raising greater awareness and educating the general public on the plight of animals; and to encourage more people to speak out when they see instances of animal cruelty and taking more cases to Court.
There are many aspects of the current legal regime relating to animals that we would dearly love to see changed - and fortunately there have been significant movements in this respect:-
The Prevention of Cruelty to Animals Ordinance, Cap 169 is the primary animal protection ordinance and there are significant amendments including the introduction of a duty of care, enhancing provisions to prevent cruelty to animal cruelty and enhancement of enforcement powers for safeguarding animal welfare.
Hong Kong implemented CITES through the Protection of Endangered Species of Animals and Plants Ordinance, Cap 586. In 2018, the Ordinance was amended to take forward a three step plan to regulate ivory trade and to increase penalties under the Ordinance.
More recently, HKALPO has lent its support to ADMCF, WildAid HK and Legislative Councillor Elizabeth Quat, who introduced a Private Member's Bill in order to give local authorities more power to clamp down on the illegal wildlife trade by incorporating wildlife crimes into the Organised and Serious Crimes Ordinance, Cap 455.
These amendments and improvement to existing laws will hopefully bring Hong Kong up to the standards which have been set by other common law jurisdictions, and thereby offering animals the much needed protection they deserve.
In the near future, we would like to register HKALPO as an NGO, which will hopefully not only open more doors but also allow HKALPO to do more in terms of assisting those wanting to be a voice for animals.
Why are other common law countries so much further ahead with animal law?
I think every jurisdiction has differences in the way they perceive and treat animals. In more progressive countries, animals are no longer being classed as commodities/property but rather recognised for what they are - sentient beings capable of feeling love, pain and suffering. As such, when people encounter animals, they see them in a different light.
Hong Kong, however, still considers animals as property under the law which only furthers the perception of a portion of the public that continues to adopt the “oh it's just an animal” mentality. But this precisely is the problem in Hong Kong. Adoption of this inaccurate mindset fails to prevent acts of cruelty as offenders are then able to detach from their actions, the fact that they are committing callous acts on a sentient animal.
Another reason is that as society and societal values have evolved over time, so too have animal laws in other countries. However in Hong Kong, our primary legislation relating to the cruelty of animals is based on an archaic piece of UK law, and has never been amended. This is evident from the definition of cruelty in the Ordinance, which includes acts such as “over-ride, over-drives and overloads”. Legislation should evolve as society does, and it is clear that this is far from the case in Hong Kong, where change tends to be reactive rather than proactive.
There is also a decided lack of enforcement when it comes to offending against animals. Of course there are inherent difficulties when it comes to catching those who offend against animals - including actually locating the perpetrators. But this should not mean that the detection and prevention of cruelty against animals should not be as important as offending against humans. The unfortunate effect of a low enforcement rate from authorities is that it also fails to create any deterrence against future offending.
One of the more recent animal law developments in Hong Kong was the High Court’s refusal of leave in Pang Lok Sze v Director of Public Prosecutions [2021] HKCFI 1781. What are the implications of this decision?
The application for leave for judicial review was of course against a decision by the Department of Justice not to prosecute in respect of an animal cruelty case where 30 animals were thrown out of an apartment window. Of course the application had its genesis from animal cruelty, the case focused more on the decision making process by which the Department of Justice came to its decision.
However, the Court did consider whether the adoptive parent of one of the animals which had been thrown out of the apartment, had the proper locus standii to bring the application. It was argued that the animals that suffered as a result of the acts were the proper victim, and thus it was appropriate for an adoptive parent to bring a claim. The Court also held that rather than the owner of the animal bringing the claim as she did - there were more suitable applicants, including the SPCA. It nevertheless raises the question as to whether the SPCA should be the only suitable applicant in cases where the alleged victims are animals.
In New Zealand, the New Zealand Animal Law Association often brings legal proceedings in conjunction with other organisations in respect of cases relating to animals, so too Advocates for Animals in the United Kingdom. Perhaps HKALPO can have a similar role in future proceedings in Hong Kong.
What difficulties have you encountered in setting up HKALPO and/or practicing animal law in Hong Kong?
I think it's very difficult to say what an animal law practice is - especially as cases involving animals transcend through different areas of law. Nevertheless, I do hope that more people would consider devoting their time to cases involving animals, as they really do require us to advocate and speak on their behalf. A future where animals are recognised as sentient beings under the law may be a positive step in the future of this area.
There really hasn’t been a lot of difficulty in setting up HKALPO - apart from dedicating time at its inception and to have a game plan as to what we would like to achieve and how we would do it. As I have previously said - there has been a lot of extremely positive work that has already been completed and achieved and we only hope to further this mission in order to protect animals further. However, to run HKALPO takes a lot of time and unfortunately we all only have 24 hours in a day. I hope the number of members HKALPO has, and our list of volunteers that contribute to the written pieces continues to grow.
What have been the greatest rewards of setting up HKALPO?
To me, there are two features that I have really loved. The first - meeting so many like minded people , not only in Hong Kong but around the world - all of whom want the same thing - to do their part for animals. It is so important to continue supporting these organisations in whatever way possible. Secondly, I spend a lot more time reading about animals. Whether it’s scientific journal articles, twitter posts or news from around the world, running HKALPO has allowed me to continue learning about animals each and every day.
Are there any opportunities for law students or animal lovers to get involved with HKALPO?
We always welcome members to join HKALPO, as well extend an invite to those wanting to contribute to some of our written work. Ideally, we would love to hold talks and events in the near future so that our members can meet with other like minded individuals.
As education and awareness is a significant pillar to promote animal law and welfare, we would welcome any opportunities to speak with students about this niche area so that as they progress through their education and their careers, they carry with them the power to change. It would also be incredible for experts in their fields to offer their time to speak about their expertise, in the hope that our next generation will carry with them the knowledge they have obtained.
Those wishing to be part of HKALPO can contact us via our website or our various social media platforms.
The age old questions: do you like dogs or cats more?
This is a very dangerous question so I will answer it in the most predictable and non-confrontational way possible - both. But in our household we have the pleasure of living with two very diametrically opposed cats - Harry and Alien. Harry is a large ginger Tom who is scared of his own shadow, whereas Alien is a small American Short Hair who believes she is braver than she is. They fill our lives with so much joy and love and I couldn’t imagine a world without those two. We also used to have a Silver Fox rabbit called George Clooney, who flew all the way from New Zealand to join his family. I also have a yellow African cichlid in Chambers who I have affectionately named Sushi - as he lives up to the saying “you are what you eat”.
I’ve always loved animals and I think I always will.
If you have any questions pertaining to HKALPO or want to contribute, you can always reach out via our website.
Interviewed by Audrey O’Young.