For almost 50 years, an unknown person or persons have deliberately and indiscriminately poisoned and killed animals, including many dogs. The perpetrators are unknown but the emotional toll has been recorded in the heart-breaking interviews with those who loved the canine victims.[1]

Since the late 1980s the anecdotal stories of dogs poisoned on Bowen Road began to circulate.  By the early 1990s, a few dogs were dying each month in the area around Bowen Road and Black’s Link.  The SPCA estimates that over 200 dogs and uncounted cats and wild animals have been poisoned in these areas.[2] In reality, the numbers are likely to be under-reported.[3] In addition, many dogs have also been made sick by the poison but have recovered and it may be that their owners are unaware of the poisoning.

In recent years, there have been more outbreaks of dog poisoning in other parts of Hong Kong. Each time, the loss of life and the toll on the families of the poisoned dogs has been terrible, and yet given the random method of poisoning, it is likely many wild animals have also been poisoned and died.  In July 2020, three dogs were poisoned in the Victoria Road / Cyberport area and police began another investigation. In early February 2021, yet another spate of poisoning has claimed the lives of six dogs.[4]

Prior to the handover in 1997, Whisky, the Norfolk terrier owned by Governor Patten was poisoned and luckily recovered. His celebrity meant attention and focus was brought to the search for the poisoner. However, regardless of the high-profile nature of his case, still no-one has been held responsible.

The police, SPCA and even a Swedish detective have all been involved over the years in attempts to identify and apprehend the Bowen Road poisoner.  All without success. Despite multiple investigations and rewards for information, those responsible have evaded the authorities.  It seems unlikely that the original poisoner is still at work and it may be that copycats are using similar methods.  It is the work of seconds to drop a piece of poisoned meat under a bush or along a path. The cost in lives and misery remains a lifetime legacy for those who loved the dogs killed.

What does the law in Hong Kong have to say on poisoning?:

• The Prevention of Cruelty to Animals Ordinance (Cap.169) provides that any person who cruelly treats any animal is liable on summary conviction to a fine of HK dollars 200,000 and to imprisonment for 3 years[5].

• Cruelty as described under the Ordinance arguably covers the poisoning of an animal but does not include the action of possessing poison or poisoned bait with the intent to maliciously use it against an animal.

• As the cruel treatment of animals is only a summary offence, the time limit for prosecution of such offences is 6 months (as opposed to longer time limits for indictable offences).

As part of the suggested amendments to the Prevention of Cruelty to Animals Ordinance (Cap 169), HKALPO has advocated for the administration of poisons or injurious drugs or substances to animals to be included as a specific offence under the Ordinance.

Under sections 22 - 24 of the Offences Against the Persons Ordinance (Cap 212), the administering of poisons to any person is an indictable offence and carries with it a maximum penalty of 3 years’ imprisonment.

In the UK, section 7 of the Animal Welfare Act 2006 (UK) provides that a person commits an offence if they administer or cause any poisonous or injurious drug or substance, to be taken by an animal, knowing it to be poisonous or injurious, and without lawful authority or reasonable excuse. The act of administration requires an intent to do so as opposed to accidentally, and the person must know that they are a poisonous or injurious drug or substance. The animal does not have to suffer as a result of the administration to be guilty of the offence.

It is also important to know that a harmless substance could be harmful if administered in a way that is injurious to an animal. Likewise, a substance that is harmless in small doses could be harmful if the dose is too high (R v Marcus [1981] 2 All ER 833).

Courtesy of Sala Sihombing and Karine Goyneau

References

[1] https://www.scmp.com/magazines/post-magazine/long-reads/article/3038762/how-has-hong-kongs-notorious-serial-pet-killer?utm_source=email&utm_medium=share_widget&utm_campaign=3038762

[2] https://www.spca.org.hk/en/inspectorate/law-enforcement/bowen-road-dog-poisoner

[3] https://www.scmp.com/article/333045/pet-detective-hunts-serial-dog-killer?utm_source=email&utm_medium=share_widget&utm_campaign=333045

[4] https://www.scmp.com/news/hong-kong/law-and-crime/article/3121504/dog-poisoner-stalks-upscale-hong-kong-community-six

[5] Section 3 of Cap.169