Following is a question by Reverend Canon the Hon Peter Douglas Koon and a written reply by the Secretary for Environment and Ecology, Mr Tse Chin-wan, in the Legislative Council today (February 25):
     
Question:

     There are views that the Government's protection of animal rights and interests is far from adequate. In this connection, will the Government inform this Council:

(1) in view of the frequent occurrence of suspected animal cruelty incidents in recent years, what specific measures the Government has put in place to strengthen investigation and enforcement so as to prevent the occurrence of similar incidents;

(2) of the number of reports of suspected animal cruelty received by the authorities over the past three years; among these, the number of prosecutions instituted by the Government under the Prevention of Cruelty to Animals Ordinance (Cap. 169), the number of convictions secured and the average penalties imposed; the respective terms of imprisonment in those convicted cases where custodial sentences were handed down; the investigation outcomes for cases where no prosecution was instituted and the reasons for not instituting prosecutions in such cases;

(3) of the number of cases received by the Police in the past year concerning suspected poisonous baits found by the roadside and animals dying after consuming such baits, and the number of prosecutions instituted in such cases; whether it has reviewed the challenges faced by law enforcement agencies in investigating such cases;

(4) given that the Government conducted a public consultation on the proposed amendments to Cap. 169 in 2019 and, in a paper submitted to the Panel on Food Safety and Environmental Hygiene of this Council in May 2022, proposed amending Cap. 169 to introduce a positive "duty of care" to be imposed on persons responsible for animals, but has to date not yet set a specific timetable for introducing the relevant bill into this Council, when the Government will finalise the proposed amendments and draw up a specific legislative timetable;

(5) given that the Government has indicated that it will study raising the penalties for intentional harm to animals in order to strengthen the deterrent effect of the legislation, when it will finalise the proposed amendments;

(6) as it is learnt that the Hong Kong Police Force has set up Animal Crime Police Teams in 22 police districts, and has established a collaborative mechanism with the Agriculture, Fisheries and Conservation Department (AFCD) and the Hong Kong Society for the Prevention of Cruelty to Animals, of the effectiveness of these teams' work and the specific operation of the aforesaid collaborative mechanism in the past three years;

(7) given that non-profit organisations advocating the protection of animal rights and interests have suggested strengthening education and monitoring efforts to reduce harm to innocent animals, what specific plans the Government has put in place to enhance public awareness of animal rights and interests and of the concept of a "duty of care"; and

(8) given that the Office of The Ombudsman has previously indicated that it has from time to time received complaints against the AFCD for improper treatment of animals captured or seized, and failure to properly handle reports of animal cruelty, whether the Government will review the operational details of the AFCD's treatment of animals and enhance its mechanisms for handling and following up on reports of animal abuse; if so, of the details; if not, the reasons for that?

Reply:

President,

     Having consulted the Security Bureau, the reply to the question from Reverend Canon the Hon Peter Douglas Koon is as follows:
     
(1), (3) and (6) The Government has been curbing acts of cruelty to animals through stringent enforcement and preventive education initiatives.

     On enforcement, the Agriculture, Fisheries and Conservation Department (AFCD), the Hong Kong Police Force (HKPF) and the Hong Kong Society for the Prevention of Cruelty to Animals (SPCA) have jointly implemented the Animal Watch Scheme to proactively prevent and detect suspected cases of animal cruelty through multi-agency collaboration. For instance, the AFCD and officers from other organisations would provide professional advice at the scene of a case and assist Police investigation when needed.

     In addition, the HKPF has established Animal Crime Police Teams in 22 police districts in Hong Kong to investigate into cases of animal cruelty. The HKPF also regularly invites officers from the AFCD and the SPCA to conduct thematic training on animal crimes for the Animal Crime Police Teams, and conduct sharing with other police officers on the laws related to animal cruelty, skills in handling animals and experience in case investigation, to enhance the professional knowledge and investigation capability of officers. In the past three years (2023 to 2025), the HKPF and the AFCD have prosecuted 82 cases of cruelty to animals.
     
     As regards suspected poisonous baits found by the roadside and animals dying after consuming such baits, enforcement officers conduct comprehensive investigation, and instigate prosecution once sufficient evidence has been obtained to identify the persons involved and in establishing their act constitute an offence under the Prevention of Cruelty to Animals Ordinance (Cap. 169) (the Ordinance). However, as most of such cases lack eyewitnesses to the incident, enforcement officers inevitably encounter considerable difficulties in gathering evidence and establishing a case. The Government encourages informants to provide as much information as possible to facilitate follow-up and investigation by law enforcement agencies. In making a decision of whether or not to prosecute, the departments make an objective and professional assessment of the available evidence and applicable law, strictly act in accordance with the Prosecution Code issued by the Department of Justice, and would seek legal advice from the Department of Justice as necessary. The HKPF does not maintain the breakdown of the number of reports and prosecutions for such cases. 

     On preventive and education initiatives, through various channels including the "Be a Responsible Pet Owner" thematic website and roving exhibitions, and Animal Watchers Programme, the AFCD and the HKPF are respectively raising public awareness of animal welfare, promoting the message of preventing cruelty to animals, and encouraging the public to report cases timely and to provide information that aids investigations.

(2) Any person who conducts act of cruelty to an animal commits an offence and, upon conviction, is liable to a maximum fine of $200,000 and imprisonment for three years. In the past three years (2023-2025), the number of reports on suspected cruelty to animals received by the HKPF and the AFCD, and the relevant prosecutions and penalties imposed are tabulated in the Annex.

     According to past records, the vast majority of reported cases received by the AFCD were found to be related to nuisance or other situations and not related to animal cruelty after investigation. In 2025, over 90 per cent of reports are such cases. For instance, where the animal frequently makes sound or where odours emanate from a premises, this may mislead the reporters into thinking that the animals suffered from acts of cruelty. Furthermore, some cases may involve neglect of animals (such as the failure to provide adequate space) but does not involve cruelty. For these cases, the AFCD would give verbal advice and improvement suggestions to the keepers concerned after inspecting the scene, requiring them to keep their pets in a responsible manner.

(4), (5) and (7) When studying amendments to the Ordinance, the Government understands there are divergent views among stakeholders on the introduction of "Duty of Care" at this stage and the penalty level for animal cruelty. The Government will continue to collect and consider the opinions from all parties, and will present the way forward of the work to the Legislative Council once the relevant work is completed.

     As mentioned above, the AFCD continues to promote messages on animal welfare to the public through public education and publicity campaigns. Regarding "Duty of Care" for pet owners, the AFCD has launched a series of publicity initiatives, including explaining how to properly care for animals in social media posts, enabling members of the public to understand the content and importance of "Duty of Care". The department regularly collaborates with animal welfare organisations to organise activities promoting these information, and will continue to enhance public awareness of "Duty of Care" in the future, including how to recognise and meet animals' needs for diet, environment, health and behaviour.

(8) The AFCD has clear guidelines for its staff in handling reports of animal cruelty and managing seized or captured stray animals. When the AFCD staff receive a report, they will attend the scene to investigate and seek professional advice from veterinarians as necessary. If the case only involves nuisance rather than cruelty to animal, it is not necessary to seize the animal. Where cruelty to animal is suspected, the department will examine the animal and depending on its health condition, either place it in the AFCD's animal management centre or pass the injured animals to the SPCA for further treatment. The AFCD and the SPCA will care for the animal until the case is concluded, and handle the animal following court rulings, which include the AFCD receiving the animal for rehoming.
     
     As regards stray animals, the AFCD will endeavour to trace and contact the keeper of an animal following its seizure or capture. If contact is unsuccessful, the department will transfer animals suitable for rehoming to animal welfare organisations for adoption by members of the public; and relocate cattle suitable for release to appropriate sites (such as country parks).

     The Environment and Ecology Bureau and the AFCD will continue to monitor the implementation of the aforementioned procedures, liaise with other departments and organisations, and make adjustments as needed.

Ends/Wednesday, February 25, 2026
Issued at HKT 12:00

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