Guest appearance on An Exciting Offer Season 6

Animal Protection Regime in Hong Kong

Hong Kong enforces strict laws against animal abuse. For example, cruel behaviours towards animals are prohibited under s 3(1) of the Prevention of Cruelty to Animals Ordinance (Cap 169). It is a criminal offence to, among other things, beat, ill-treat, torture, terrify any animals, or permit or cause any unnecessary suffering to them. These are by no means trivial offences. Offenders could face penalties of up to HKD 200,000 and imprisonment for up to three years, which was substantially raised in 2006 from $5,000 and 6 months imprisonment. This reflects a serious attitude taken by our society towards these uncivilised behaviours. This statute is an example that underscores the importance of protecting animal welfare in the context of criminal law.

Ownership of Pets under Hong Kong Law

It is interesting to note that under the common law of Hong Kong, pets are considered personal property. Thus, while many in Hong Kong may treat pets as their “fluffy kids,” the custody of pets is treated much differently than the custody of a child in a divorce.

In the civil context, the legal status of pets, particularly their ownership and “custodial” rights, has raised complex issues, especially in recent years. In the case of Liang Ying v Wong See Man [2023] HKDC 1228, the court examined a dispute in pet ownership between two families over a cat named “Argen/墨魚丸”. 

It is important to note that the court recognises that evidence on the maltreatment of the cat is relevant to the issue of its interim custody. However, the case does not address this issue as the parties agreed that a speedy final determination is in the cat’s best interest. Furthermore, the court also recognised the special context of this case involving two families of cat lovers, which differed from a typical commercial dispute over properties. This case demonstrates that the court is prepared not to treat pets as mere family properties like jewellery or vehicles and is alive to the special need for their protection and welfare.

However, the above does not change the fact that under the current laws, pet ownership is still determined by contractual rights and equity, considering the circumstances and intentions of the parties involved. It does not equate pets with the same rights as children. Thus, the reform of our laws towards pet custody may be worth considering.

Raising Awareness for Animal Rights

The task set highlights the significance of animal rights in Hong Kong, engaging both civil and criminal law aspects of animal protection. By bringing these issues to the forefront, Mr Gordon Chan and Ms Kimberlie Chu aimed to encourage public discourse on the treatment of animals and the legal obligations of pet owners. This awareness is essential in promoting a society that respects and protects animals.

We hope that you will enjoy the programme and this challenge!