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LCQ12: Prevention of cruelty to animals
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     Following is a question by the Hon Helena Wong and a written reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (January 21):

Question:

     Recently, there have been press reports that the animals in the Tai Tong Organic Ecopark (the Ecopark) in Yuen Long were inhumanly treated.  For instance, a cow was forced to pull a wooden cart carrying eight to 10 visitors, goats were tied up to a wire fencing to make it easier for visitors to feed them but with ropes that were too short for the goats to squat down, as well as wild boars were kept in a steel cage only one metre tall.  There were also injured animals in the park which had not received proper diagnosis and treatments.  I have visited the park on two occasions to understand the situation.  In this connection, will the Government inform this Council:

(1) whether it received complaints about cruelty to animals in the Ecopark in the past three years; if it did, of the number of complaints received each year;

(2) whether the relevant department deployed its staff, in the past three years, to the Ecopark to inspect how animals there were treated; if it did, of the number of inspections conducted each year, and whether there were instances of the person-in-charge of the Ecopark being found to have allegedly contravened the Prevention of Cruelty to Animals Ordinance (Cap. 169);

(3) whether it has, after the press coverage of the above situation, made recommendations to the person-in-charge of the Ecopark on improving the ways to treat animals; if it has, of the details; if not, the reasons for that; and

(4) given that visitors have to pay a fee for admission to the Ecopark to see, approach or feed the animals there, whether it has assessed if the person-in-charge of the Ecopark is required to obtain the relevant licence or permit under the Public Health (Animals and Birds) (Exhibitions) Regulations (Cap. 139F); if the assessment result is in the affirmative, whether it has investigated if the facilities and activities in the Ecopark meet the requirements on the living environment and hygiene of animals prescribed under the Regulations; if it has not investigated, of the reasons for that?

Reply:

President,

     The Government has been striving to promote in the community a culture of care for animals with a view to protecting animal welfare.  According to the Prevention of Cruelty to Animals Ordinance (Cap. 169), any person who cruelly treats an animal or causes it unnecessary suffering shall be liable on summary conviction to a fine of $200,000 and to imprisonment for three years.

     My reply to the various parts of the question is as follows:

(1) The Agriculture, Fisheries and Conservation Department (AFCD) received one and two complaints in 2012 and 2013 respectively about alleged inhumane treatment of animals in the Tai Tong Organic Ecopark (the Ecopark) in Yuen Long.  In 2014, six complaints were received, of which five were received in December.

(2) AFCD inspected the Ecopark in Yuen Long on 18, 19 and 17 occasions in 2012, 2013 and 2014 respectively and did not find any contravention of provisions in the Prevention of Cruelty to Animals Ordinance (the Ordinance).  AFCD received in December 2014 a complaint alleging that animals in the Ecopark had been treated inhumanely.  AFCD immediately sent officers to the park to conduct investigation.  Since December 2014, AFCD officers had conducted two inspections to the Ecopark and did not find any contravention of provisions in the Ordinance.

(3) As mentioned above, AFCD, after inspecting the Ecopark, did not find any suspected cases of cruelty to animals which are in contravention of provisions in the Ordinance.  Nevertheless, AFCD officers had reminded the person-in-charge of the Ecopark that due attention should be given to animal welfare and hygiene management.  For example, a suitable cart should be used and the number of passengers properly controlled in oxcart activities so as to avoid overloading and injuring the animals.  Animals should be allowed enough free time.  For leashed or captive animals, the leashes used should be long enough to enable the animals to turn around and squat down, and the enclosures should be high enough to allow enough space for the animals to stretch while standing.  Adequate water should be provided on a timely basis and appropriate bedding material should also be supplied.  

(4) Under the Public Health (Animals and Birds) (Exhibitions) Regulations (Cap. 139F) (the Regulations), any person who holds an exhibition of animals or birds is required to obtain a relevant licence or permit from the Director of Agriculture, Fisheries and Conservation. "Exhibition of animals or birds" means an exhibition of animals or birds to which members of the public are admitted on payment of a fee or other money consideration. Any person who contravenes the relevant provisions shall be liable on conviction to a fine of $2,000.

     As to whether a park engaged in exhibitions of animals or birds is required to obtain a licence or permit under the Regulations, it depends on whether its mode of operation falls within the relevant definition of the Regulations. AFCD is following up the case and will take enforcement action as appropriate against any breach of the law.

Ends/Wednesday, January 21, 2015
Issued at HKT 12:39

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