Woman who threw cat into washing machine sentenced only to community service.

Wong Yee-ting, the elder sister of a Miss Hong Kong winner was arrested and tried early this year for abusing her cat by putting the cat in a washing machine and turning the machine on for 14 seconds. She posted the video on Instagram while joking that it was a “prank” on her cat as payback for defecating in her box earlier that day. The video showed the terrified cat attempted to push open the washing machine door but to no avail. The police arrested her for cruel treatment of animals.

She was tried this month for cruel treatment of animals and was found guilty on 7 February 2022 by Deputy Magistrate Henry Fung. At trial, Wong tried to explain that it was her friend who turned on the washing machine, but her version of events was not found to be credible. A vet gave evidence at trial that being trapped in a moving washing machine could cause psychological harm to the animal.

Under section 3 of the Prevention of Cruelty to Animals Ordinance (Cap. 169), the offence of cruelty to animals carries a maximum penalty of a fine of HK$200,000 and imprisonment for 3 years. In SJ v Fung Chi Hoi [2019] 4 HKLRD 188, the Court held that a sentence of 6 months’ imprisonment was appropriate for a defendant who abused a mongrel by kicking, slapping and using a hose to shoot water at it, eventually causing its death. The Court, however, refused to set down any concrete guidelines for sentencing, as one must look at overall circumstances of each case.

In the Court’s consideration, Deputy Magistrate Fung took into account the low level of harm done to the cat and that it was an isolated incident. However, the fact that Wong posted the video on the internet and treated it as a joke showed her disregard towards the cat’s suffering, that coupled with the fact that the cat did not cause any disturbance to anybody, a fine will not be enough.

With these factors in mind, Wong was sentenced on 21 February 2022 to a 80-hour Community Service Order and a fine of over HK$27,000 paid to the SPCA for the cat’s medical expenses.

After the incident, the cat was initially sent to the SPCA for treatment and temporary care. After the trial concluded, the prosecution applied for the cat to be sent to SPCA.

Nonetheless, considering that Wong has kept the cat for over 6 years, the Deputy Magistrate allowed the defence’s application to return the cat into Wong’s care, as “the case was not particularly serious” but reminded her that she cannot mistreat the cat just because she is not happy with the result of her trial.

Disqualification Power

In other more robust jurisdictions, a Court has the power to order a person be disqualified from owning or keeping an animal for a set period of time. The power of disqualification is a wide one and limits the involvement to which any person has with an animal. The period of disqualification remains at the Court’s discretion, but having taken into account the seriousness and gravity of the offending.

There is no equivalent power under Hong Kong law.

Case reference: TMCC 1457/2021