FAQ’S - Amendment to Cap 599 & 599A
FAQ’S: AMENDMENT TO CAP 599 & 599A
The new amendments to Cap 559 and 599A have come as a shock to pet owners in Hong Kong who have been subjected to continuous persecution from the Hong Kong Government. This has not only caused pet owners to fear for the safety of their animals should they contract Covid-19, but also a sense of confusion as to what the new amendments actually mean.
In order to bring a sense of clarity to owners of animals here in Hong Kong, we have answered some of the frequently asked questions we have received in relation to these amendments. If you have any other questions you wish to ask, feel free to contact us.
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New amendments to Hong Kong law makes refusal to surrender pet a criminal offence.
The Prevention and Control of Disease Ordinance and Regulation (Cap 599 and 599A respectively), have been very recently amended to now make the refusal, obstruction or failure to surrender a pet that a health officer reasonably believes has been infected with a specific disease, a criminal offence which is punishable on conviction by a fine and a term of imprisonment.
The recent amendments which came into effect on 31 March 2022 provides clear regulations requiring the owner of an article (including an animal) to surrender the article upon a health officer’s direction. The maximum penalty for non-compliance is HK$10,000 and imprisonment of 6 months upon conviction (see section 3 and section 7 of Cap. 599).
Courtesy of Michelle Cheung
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Corgi beaten to death by Chinese healthcare worker in Shanghai
WARNING GRAPHIC CONTENT IN ARTICLE.
VIEWER DISCRETION IS ADVISED.
On 6 April 2022, photos and a video of a corgi being beaten to death by a Shanghai healthcare worker began to circulate Chinese social media after the WeChat account ‘corgi sh’ posted about the accident.
The post included screenshots of comments provided by the person who allegedly recorded the incident with their phone. It was confirmed that the incident happened in Pudong District in Shanghai. The dog’s owner had allegedly been taken away for quarantine after testing positive for Covid-19, after which the pet dog was killed by an anti epidemic worker with a stick in the middle of the street at Caoluzhen.
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Social Media and the Illicit Trade of African Grey Parrots
Social media and the internet have become a tool for those in the wildlife trading industry to facilitate the buying and selling of exotic animals, including parrots. BBC recently talked to Faiz Ahmed, who is in the business of importing and selling birds in Bangladesh, and Ahmed opened up about the ins and outs of the business, in particular the trade of the African grey.
Courtesy of Michelle Cheung
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Californian man charged with smuggling 1,700 reptiles from Mexico and Hong Kong
A 30 year old Southern Californian man was accused of smuggling 1,700 reptiles from Mexico and Hong Kong, without permits. The animals included baby crocodiles, Mexican beaded lizards, Yucatan and Mexican box turtles.
Jose Manuel Perez faces two counts of wildlife trafficking, nine counts of smuggling goods into the U.S., and one count of conspiracy after allegedly transporting the animals for a black-market business. Perez and others allegedly used social media to buy, sell and arrange delivery of reptiles in the U.S. between 2016 and 2022, advertising with photos and videos of the animals.
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South Korea to put stop to bear bile farming by 2025.
Bear bile farming will be fully banned in South Korea from 2026.The Ministry of Environment announced that it would put a stop to breeding bears for bile farming by 2025.
A 4 year phase out plan has been announced, which includes management plan for captive bears who will reside in sanctuaries from 2026 to live out their lives. There is also talk of legislation being proposed to protect the bears “Special Act on Prohibition of Keeping Bears in Captivity and Protection of Bears.”
South Korea is one of few countries that allow bear bile farming. As of 2021, there are 24 bear bile farms across the country with a total of some 360 bears.
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NSW passes bill to ban ‘convenient’ killing of shelter animals
On February 17, 2022, the New South Wales Legislative Assembly passed a bill to ban the “convenient” killing of shelter animals across the state, marking an important first step towards the protection of impounded animals in NSW.
The Companion Animals Amendment (Rehoming Animals) Bill 2021 was introduced by Animal Justice Party member Emma Hurst, in response to the tragic shooting of 15 dogs (including 10 puppies) by Bourke Shire Council in August 2021. The dogs were killed despite rescue groups from a nearby local government area offering to rehome them, due to the council’s interpretation of the COVID-19 travel restrictions at the time. The news sparked public outcry across the nation and prompted investigations by the Royal Society for the Prevention of Cruelty to Animals, the NSW Ombudsman and the Office of Local Government. However, the council was eventually cleared of any legal wrongdoing, as there were no laws in place at the time to hold the council accountable.
Courtesy of Ruby Tam
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Italy enshrines animal protection in its Constitution
On 9 February 2022, the Italian Parliament voted in favour of a Constitutional Bill which will grant constitutional protection to animals and the environment. It joins a handful of other countries (such as Switzerland, Germany, India, and Austria) to grant full rights to animals through the constitution.
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Anti-pandemic worker in Shenzhen beats dog to death
Owners of a 3-year-old samoyed named Snowball have shared videos on Weibo of an anti-pandemic worker in the Guangdong Province beating Snowball to death with a bat while the they were undergoing hotel quarantine.
The owners also posted screenshots of their conversation with the 2 anti-pandemic workers in which she notified them of the dog’s presence before they came to disinfect her apartment. The owner also informed the workers that Snowball was not aggressive and would not bite.
Courtesy of Michelle Cheung
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New study finds cleaner fish may be self aware.
A recent study has concluded that wrasse can achieve mirror self-recognition by subjecting them to a famous experiment known as the mark test, in which an artificial mark is placed on the body of an animal while it is anaesthetised. If the animal inspects the mark on its body in a mirror, or tries to touch it or remove it, it suggests that it has identified itself in the reflection, rather than mistaking the mirror image for some other individual.
While some mammals and birds have passed the mark test, Masanori Kohda, biologist at Graduate School of Science in Osaka City University, and his colleagues were the first to claim that a fish had achieved this cognitive milestone.
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Sri Lanka Cabinet passes long-awaited Animal Welfare Bill
The Sri Lankan Cabinet has recently passed the long-awaited Animal Welfare Bill which was first drafted in 2006. The Bill will include a broader definition of ‘animal’, introduce new offences, and increase the maximum punishment for animal cruelty. Although the passing of the bill is a significant step for animal welfare in Sri Lanka, it still requires Parliamentary approval before it can be enforced.
Courtesy of Jing Shan Wong
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Tell Me More: The Importance of Spays and Neuters
World Spay Day has been celebrated on the fourth Tuesday of February each year since 1995. In this month’s instalment of Tell Me More! we interview Dr. Michael Bradley from the Stanley Veterinary Centre to discuss the importance of spays and neuters of all species.
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Massachusetts state senate unanimously approves Nero's Law.
The Massachusetts House of Representatives and State Senate passed a bill that ensures law enforcement officers' K-9 partners receive life-saving medical attention and transport if they are injured in the line of duty.
The bill, known as Nero's Law, was drafted in response to the April 2018 shooting that claimed the life of Yarmouth Police K-9 Sgt. Sean Gannon, a New Bedford native, and severely injured his K-9 partner, Nero. Despite its life-threatening injuries and the desperate need for immediate treatment, the emergency medical personnel were unable to transport it because of the state law ban.
Courtesy of Kelly Ma.
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Woman who threw cat into washing machine sentenced only to community service.
On 21 February 2022, a woman who filmed putting her cat in a washing machine and turning it on has been sentenced Wong 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.
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.
Incredibly, the Judge also agreed for the cat to be returned to her as the case was “not particularly serious”. Perhaps this incident will raise the question of whether the Prevention of Cruelty to Animals Ordinance, Cap 169 should afford Judges the power of disqualification for those who commit offences against animals.
Courtesy of Michelle Lin
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Spanish court imposes €7.2 million fine for eel trafficking
A Spanish court has imposed a sentence of 1.5 years imprisonment and €7.2 million fine for possession and marketing of a protected species on a smuggler attempting to traffic 65 kilogrammes of eel into Morocco. The Times UK reports that the quantum of the fine amounts to the value of the damage to the environment, as calculated by the regional agriculture ministry, and sets the world record for largest fine imposed for eel smuggling.
Courtesy of Audrey O’Young
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Norway bans breeding Cavalier King Charles Spaniels and British Bulldogs.
Norway has banned the selective breeding of British Bulldogs and Cavalier King Charles Spaniels, after a court ruled that the practice is cruel and results in 'man-made health problems' for the animals.
Oslo District Court ruled on Monday that breeding the brachycephalic (flat faced) dogs breaches the Scandinavian country's Animal Welfare Act. The decision bans the two iconic dog breeds that originated in Britain, with the British Bulldog commonly referred to as the national animal of the United Kingdom.
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US Federal court restores protection for gray wolves
In November 2020, the US National Fish and Wildlife Service (“Service”) enacted a rule removing protections contained in the Endangered Species Act of 1973 (“ESA”) for the Gray Wolf (Canis lupus) by removing the species from the List of Endangered and Threatened Wildlife (“Rule”). The rule was overturned by U.S. District Judge Jeffrey S. White in the judgment of Defenders of Wildlife v U.S. Fish and Wildlife Service dated 10 February 2022, reinstating federal protection in 44 of the lower 48 states.
Courtesy of Audrey O’Young
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Bool Smuts v Herman Botha [2022] ZASCA 3
South African animal rights activist Bool Smuts recently won an important appeal case before the Supreme Court of Appeal . The judgment contains a significant restatement of animal rights as recognised in South African law, and re-affirms the right of freedom of speech for activists.
In finding for Bool Smuts, the Court of Appeal held that issue related to the ethics, cruelty and vile treatment of the animals. Apart from the unlawfulness, the public had the right to know about the activities of [Botha’s] business that directly impact animals. Furthermore, the Court of Appeal held: -
“It is axiomatic that animals are worthy of protection not because of the reflection that this casts on human values but because, as Appeal Judge Cameron has previously held, ‘animals are sentient beings that are capable of suffering and experiencing pain’ and unfortunately ‘humans are capable of inflicting suffering on animals and causing them pain”
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Male chick culling banned in Germany and France
Legislation banning the slaughter of hatched day-old chicks entered into force in Germany on 1 January 2022 Simultaneously, a ban on the killing of male chicks by crushing or gassing entered into force in France. The two political efforts are, as the German Minister for Food and Agriculture, Julia Klöckner said, a “significant step forward for animal welfare”, being the first countries in the world to impose such ban. Germany and France are calling on other members of the European Union to follow suit.
Courtesy of Andy Au
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Gucci branded hopelessly out of touch for using tigers as props.
Gucci has been called out by non-profit animal rights organisation World Animal Protection for "glorifying captive wild animals" in its latest Gucci Tiger collection in celebration of the Year of the Tiger. The luxury brand had released campaign images of models with real tigers superimposed into them.
Nonetheless, the luxury brand was called out by Nick Stewart, World Animal Protection's global head of wildlife campaigns, who said that Gucci is sending the wrong message through its ads - even if it has used digital technology - by portraying tigers as pets and luxury items when they are wild animals who belong in their natural habitats.
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