Traditional Chinese Simplified Chinese Email this article Government Homepage
LCQ12: End-of-life services for animals
***************************************

   Following is a question by the Hon James To and a written reply by the Secretary for Health, Welfare and Food, Dr York Chow (in the absence of the Secretary for the Environment, Transport and Works), at the Legislative Council meeting today (May 30) :

Question:

    Regarding end-of-life services (including cremation service) for animals and the setting up of animal cemeteries, will the Government inform this Council:

(a)  given that the Public Cleansing and Prevention of Nuisances Regulation (Cap. 132 sub. leg. BK) prohibits the placing of animal corpses in places such as any public place and the common parts of any building, but the placing of animal corpses in private premises is not regulated, how the Government addresses the hygiene problem arising from over-storage of animal corpses pending processing in premises where end-of-life services for animals are provided;

(b)  whether at present the relevant government departments are empowered to conduct inspection visits on their own initiatives to premises where end-of-life services for animals are provided; if they have such power, of the contents of the legislation concerned, and whether the inspection staff are empowered to inspect all facilities within the premises; whether the relevant departments have deployed their staff to conduct regular inspections; if they have; of the details; if not, the reasons for that;

(c)  given that members of the Bills Committee on Prevention of Cruelty to Animals (Amendment) Bill 2006 had requested the Administration to review the issues relating to the regulation of end-of-life services to animals, but the Administration indicated in its reply to a question raised by this Council in November last year that it considered the existing legislation adequate for controlling the air pollution problem caused by cremators, and had no plan to set up a licensing system to regulate the operation of pet cremators, whether the Government is currently studying the above regulatory issues; if it is, of the progress of the study; if not, the reasons for that;

(d)  whether it has plans to resume the provision of animal cremation service; and

(e)  whether it is an offence under the aforesaid Regulation for private organisations to set up animal cemeteries; if not, of the application procedure, and which government department is responsible for approving such applications and monitoring the operation of such cemeteries; whether it knows the current number of animal cemeteries, and whether the Government has plans to set up animal cemeteries?

Reply:

Madam President,

(a) & (b)  At present, there is no specific legislation that deals with over-storage of animal corpses in premises where end-of-life services for animals are provided. If any business that provides end-of-life service for animals causes sanitary nuisances (including hygiene problem caused by improper storage of animal corpses), the Food and Environmental Hygiene Department (FEHD) will serve a nuisance notice on the responsible person under sections 12 and 127 of the Public Health and Municipal Services Ordinance (Cap. 132), to require that person to make rectification within a specified period.  If necessary, government departments may, based on the power conferred upon them by the various legislations under their control, conduct inspection visits to such premises to investigate if there are breaches of their legislations;

(c)  Under the Air Pollution Control Ordinance, the operation of a cremator (including a pet cremator) of a burning capacity exceeding 0.5 tonne per hour is a "specified process".  The owner of the cremator has to apply for and obtain a "specified process" licence from the Environmental Protection Department (EPD) before he is allowed to operate the cremator.  If the emission from a pet cremator causes air pollution to the neighbourhood, the EPD can, upon verification through investigations, issue a statutory notice to its owner under the Ordinance to require him to mitigate the emission of air pollutants.   Given that the existing legislation is adequate for controlling the air pollution problem caused by cremators, the Government has no plan to set up a licensing system to regulate the operation of pet cremators, nor is it currently studying the above regulatory issues;

(d)  At present, the Government does not have any plan to resume the provision of animal cremation service; and

(e)  The provisions of the Public Health and Municipal Services Ordinance (Cap. 132) governing private cemeteries are applicable only to those for disposing human remains but not animal remains.  According to the legislation enforced by the FEHD, animal cemeteries are not required to be licensed.  Therefore, the FEHD does not have the number of private animal cemeteries in hand.  Currently, the Government does not have any plan to set up animal cemeteries.

Ends/Wednesday, May 30, 2007
Issued at HKT 12:24

NNNN

Print this page