Now News interviewed Mr Gordon Chan on a suspected scam page selling “fragrant” or dog meat.
In an interview with Now News, Mr Gordon Chan discussed the potential criminal liability for those who sought to purchase dog meats for consumption.
The recent news of a Facebook page publicly listing “fragrant” or dog meat for sale caused an uproar. Things took an unexpected turn when it was revealed that the page may be a scam. This raises an interesting question – As the shop likely never had any dog meat for sale and is merely a sham, would those who sough to make a purchase be committing an offence?
It is entirely possible although it is not a thought crime. Under s 159G of the Crimes Ordinance (Cap 200), a person can be convicted of attempting to commit an offence, if he “does an act that is more than merely preparatory to the commission of the offence”. More importantly, under s 159G(2) this is so even though the facts rendered the commission of the substantive offence impossible.
Hence, if a person believes that a scam shop is selling dog meat and tries to make a purchase. He could nevertheless be attempting to use the meat of dog as food, which is an offence under r 22 of the Dogs and Cats Regulations (Cap 167A).
The use of dogs and cats as food is strictly prohibited in Hong Kong. It is unwise to get involved in such activities.
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.
