Immediahk interviewed Mr Gordon Chan on the “free adoption” of cats as a facade to circumvent licensing requirements of animal traders.
In an interview with Inmediahk, Mr Gordon Chan discussed the legal requirement for animal traders to be licensed under the Public Health (Animals and Birds) (Trading and Breeding) Regulations (Cap 139B), and the definition of “sell” under the regulations.
Note that while the court is prepared to look at the substance of an “adoption arrangement” over the form of it. Furthermore, the definition of “sell” had been expanded in 2017 to include transfer ownership “in consideration of entry … into another transaction”. Thus there are no grey areas that an agreement to adopt on the condition of a donation or purchase of feed and litter falls under animal trading activity that require an animal trader licence.
On the other hand, genuine adoption of pets is encouraged by the AFCD. Exemptions to licence have been granted to eligible organisations and individuals, to ensure that these arrangements are not traders in disguise and that the welfare of animals are accounted for.
When adopting pets, one should make sure the “adoption” is a genuine arrangement but not a commercial breeder in disguise. This ensured that the animals were treated humanely and healthily.
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
