Cap. 139B 《公眾衞生(動物及禽鳥)(售賣及繁育)規例》Public Health (Animals and Birds) (Trading and Breeding) Regulations

生效中

版本日期: 2018-02-01

Cap. 139A

Cap. 139C

Public Health (Animals and Birds) (Trading and Breeding) Regulations

(L.N. 64 of 2016)

(Cap. 139, section 3)

[27 April 1973]

(Format changes—E.R. 1 of 2018)

1. Citation

These regulations may be cited as the Public Health (Animals and Birds) (Trading and Breeding) Regulations.

(L.N. 64 of 2016)

2. Interpretation

In these regulations, unless the context otherwise requires—

animal trader (動物售賣商) means a person who sells, or offers to sell, animals or birds, but does not include— (a)a person selling, or offering to sell, any animal or bird kept by the person as a pet or any of its offspring; or (b)a dog breeder; (L.N. 64 of 2016) animal trader licence (動物售賣商牌照) means a licence granted or renewed under regulation 5(1); (L.N. 64 of 2016) contravene (違反) includes breach; (L.N. 64 of 2016) dog breeder (狗隻繁育者) means a person who— (a)keeps one or more female dogs for breeding purposes; and (b)sells, or offers to sell, any of those dogs or their offspring; (L.N. 64 of 2016) dog breeder licence (繁育狗隻牌照) means— (a)a dog breeder licence (category A); or (b)a dog breeder licence (category B); (L.N. 64 of 2016) dog breeder licence (category A) (甲類繁育狗隻牌照) means a licence granted or renewed under regulation 5B(1); (L.N. 64 of 2016) dog breeder licence (category B) (乙類繁育狗隻牌照) means a licence granted or renewed under regulation 5C(1); (L.N. 64 of 2016) housing facility (畜舍設施) means a room, building or premises used to contain a primary enclosure; licence (牌照) means— (a)an animal trader licence; or (b)a dog breeder licence; (L.N. 64 of 2016) licensed animal trader (持牌動物售賣商) means the holder of an animal trader licence; (L.N. 410 of 1990; L.N. 64 of 2016) licensed premises (領有牌照的處所) means any premises in respect of which a licence is granted; (L.N. 410 of 1990; L.N. 64 of 2016) licensee (持牌人), in relation to a licence, means the holder of the licence; (L.N. 64 of 2016) one-off permit (單次許可證) means a one-off permit granted under regulation 5H(3); (L.N. 64 of 2016) outdoor area (戶外範圍) means an outdoor area or space, whether containing a primary enclosure or not, used for the keeping, exercise or containment of animals or birds; primary enclosure (基本圍封物) means a room, pen, case, compartment, hutch, or structure, used to immediately restrict animals or birds to a limited amount of space; sanitize (潔淨) means to physically clean, and to remove and destroy, agents injurious to health; (L.N. 64 of 2016) sell (出售), in relation to an animal or bird, includes transfer, or agree to transfer, ownership of the animal or bird to a person in consideration of entry by the person into another transaction. (L.N. 64 of 2016)

3. Application

These regulations shall apply to—

(a)

all animals except cattle, sheep, goats and swine; and

(b)

all birds except poultry.

4. Prohibition of trading animals without licence etc.

(L.N. 64 of 2016)

(1)

A person must not— (L.N. 64 of 2016)

(a)

carry on business as an animal trader otherwise than under an animal trader licence or an exemption granted under regulation 5A(1); or (L.N. 64 of 2016)

(b)

keep animals or birds, or both, for the purpose of the person’s business as an animal trader otherwise than at premises in respect of which the person is granted an animal trader licence. (L.N. 64 of 2016)

(2)

If a person keeps animals or birds, or both, for the purpose of the person’s business as an animal trader at different premises, the person must hold an animal trader licence in respect of each of the premises. (L.N. 64 of 2016)

(L.N. 410 of 1990)

4AA. Prohibition of breeding dogs without licence etc.

(1)

A person must not—

(a)

act as a dog breeder otherwise than under a dog breeder licence; or

(b)

keep dogs as a dog breeder otherwise than at premises in respect of which the person is granted a dog breeder licence.

(2)

If a person keeps dogs as a dog breeder at different premises, the person must hold a dog breeder licence in respect of each of the premises.

(L.N. 64 of 2016)

4AAB. Prohibition of keeping more dogs than permitted

A person holding a dog breeder licence in respect of any premises must not at any time keep at the premises a greater number of female dogs for breeding purposes than the number specified for the premises in the licence.

(L.N. 64 of 2016)

4A. Prohibition on possessing quails for sale with other birds

No person shall possess for sale any quail, with any other bird (other than a quail), at the same premises.

(L.N. 219 of 2001)

4B. Prohibition of selling dogs to persons under 16

(1)

No person may sell a dog to any person under the age of 16 years.

(2)

A person who contravenes paragraph (1) commits an offence and is liable on conviction to a fine at level 5.

(3)

It is a defence to a charge for an offence under paragraph (2) for a defendant to establish that, at the time the offence is alleged to have been committed, the defendant had reasonable cause to believe, and did believe, that the person to whom the dog was sold was not under the age of 16 years.

(4)

The defendant is taken to have established a fact that needs to be established for the defence if—

(a)

there is sufficient evidence to raise an issue with respect to that fact; and

(b)

the contrary is not proved by the prosecution beyond reasonable doubt.

(L.N. 64 of 2016)

5. Power of Director to grant or renew animal trader licences

(L.N. 64 of 2016)

(1)

On application in the form specified by the Director and payment of the fee specified in the Schedule, the Director may grant to any person an animal trader licence in respect of any premises, or renew the licence, to—

(a)

carry on business as an animal trader; and

(b)

keep at the premises animals or birds, or both, for the purpose of the person’s business as an animal trader. (L.N. 64 of 2016)

(2)

The Director must not grant or renew an animal trader licence unless the Director is satisfied that the primary enclosures, housing facilities and outdoor areas of the premises in which the applicant intends to keep the animals or birds, or both, conform to the standards specified in regulation 6. (L.N. 64 of 2016)

(3)

The Director may at any time— (L.N. 64 of 2016)

(a)

attach to an animal trader licence any condition the Director thinks fit; and

(b)

amend or revoke any condition so attached. (L.N. 64 of 2016)

(4)

An animal trader licence is valid for a period of 12 months beginning on the date the licence is granted or renewed. (L.N. 64 of 2016)

(5)

(Repealed L.N. 64 of 2016)

(6)-(7)

(Repealed L.N. 410 of 1990)

5A. Exemption from holding an animal trader licence

(1)

If the Director is satisfied that a person is conducting genuine rehoming activities for animal welfare purposes on a non-profit-making basis, the Director may exempt the person from holding an animal trader licence.

(2)

In determining whether a person is conducting genuine rehoming activities for animal welfare purposes on a non-profit-making basis, the Director may take into account all relevant factors, including—

(a)

whether the person falls within any of the following descriptions—

(i)

a charitable institution or trust of a public character that is exempt from tax under section 88 of the Inland Revenue Ordinance (Cap. 112);

(ii)

a society as defined by section 2(1) of the Societies Ordinance (Cap. 151) and registered under section 5A(1) of that Ordinance;

(iii)

a body of persons, or charity, as defined by section 2(1) of the Registered Trustees Incorporation Ordinance (Cap. 306), which has been granted a certificate of incorporation under section 4(1) of that Ordinance;

(iv)

a company registered under the Companies Ordinance (Cap. 622) or under the Companies Ordinance (Cap. 32) as in force at the time of the registration;

(b)

whether the protection and promotion of animal welfare and rehoming are amongst the core activities and services of the person; and

(c)

whether the person engages the services of a registered veterinary surgeon as defined by section 2 of the Veterinary Surgeons Registration Ordinance (Cap. 529) to act as an advisor on animal health and welfare.

(3)

The Director may at any time—

(a)

attach to an exemption any condition the Director thinks fit; and

(b)

amend or revoke any condition so attached.

(4)

The Director may at any time revoke an exemption if—

(a)

any condition of the exemption has been contravened; or

(b)

the person to whom the exemption is granted no longer satisfies the Director that the person is conducting genuine rehoming activities for animal welfare purposes on a non-profit-making basis.

(5)

The Director may only—

(a)

grant an exemption for a fixed period; and

(b)

renew an exemption, each time for a fixed period.

(L.N. 64 of 2016)

5B. Power of Director to grant or renew dog breeder licences (category A)

(1)

On application in the form specified by the Director and payment of the fee specified in the Schedule, the Director may grant to any individual a dog breeder licence (category A) in respect of any premises, or renew the licence, to—

(a)

at any time keep at the premises up to the number of female dogs for breeding purposes that is specified for the premises in the licence; and

(b)

sell, or offer to sell, any of those dogs or their offspring.

(2)

For subsection (1)(a), the Director may specify up to 4 female dogs.

(3)

The Director must not grant or renew a dog breeder licence (category A) unless the Director is satisfied that the primary enclosures, housing facilities and outdoor areas of the premises in which the applicant intends to keep the dogs conform to the standards specified in regulation 6.

(4)

The Director may at any time—

(a)

attach to a dog breeder licence (category A) any condition the Director thinks fit; and

(b)

amend or revoke any condition so attached.

(5)

A dog breeder licence (category A) is valid for a period of 12 months beginning on the date the licence is granted or renewed.

(6)

An individual may at any time hold only 1 dog breeder licence (category A).

(L.N. 64 of 2016)

5C. Power of Director to grant or renew dog breeder licences (category B)

(1)

On application in the form specified by the Director and payment of the fee specified in the Schedule, the Director may grant to any person a dog breeder licence (category B) in respect of any premises, or renew the licence, to—

(a)

at any time keep at the premises up to the number of female dogs for breeding purposes that is specified for the premises in the licence; and

(b)

sell, or offer to sell—

(i)

any of those dogs or their offspring; and

(ii)

any dogs from sources specified in the licence.

(2)

The Director must not grant or renew a dog breeder licence (category B) unless the Director is satisfied that the primary enclosures, housing facilities and outdoor areas of the premises in which the applicant intends to keep the dogs conform to the standards specified in regulation 6.

(3)

The Director may at any time—

(a)

attach to a dog breeder licence (category B) any condition the Director thinks fit; and

(b)

amend or revoke any condition so attached.

(4)

A dog breeder licence (category B) is valid for a period of 12 months beginning on the date the licence is granted or renewed.

(L.N. 64 of 2016)

5D. Provision supplementary to regulations 5, 5B and 5C—premises

The Director may only grant 1 licence in respect of 1 premises.

(L.N. 64 of 2016)

5E. Provision supplementary to regulations 5, 5B and 5C—individuals

(1)

The Director must not grant a licence to an individual, or renew a licence held by an individual, unless—

(a)

the individual has attained the age of 18 years at the date of application for the licence; and

(b)

the individual satisfies the Director that the individual is a suitable person to hold the licence.

(2)

In determining whether an individual is a suitable person to hold a licence, the Director may take into account all relevant factors, including—

(a)

whether the individual has been convicted of an offence under the Ordinance or section 3 of the Prevention of Cruelty to Animals Ordinance (Cap. 169);

(b)

whether any condition attached to a licence held, or previously held, by the individual has been contravened; and

(c)

whether any licence previously held by the individual has been cancelled.

(L.N. 64 of 2016)

5F. Provision supplementary to regulations 5, 5B and 5C—bodies corporate or partnerships

(1)

The Director must not grant an animal trader licence or dog breeder licence (category B) to a body corporate or partnership, or renew a licence held by a body corporate or partnership, unless—

(a)

the body corporate or partnership satisfies the Director that it is a suitable person to hold the licence;

(b)

the body corporate or partnership has authorized an individual to act as its representative for the purpose of the licence; and

(c)

the individual satisfies the Director that the individual is a suitable person to manage the operation of the body corporate or partnership permitted by the licence.

(2)

In determining whether a body corporate or partnership is a suitable person to hold an animal trader licence or dog breeder licence (category B), the Director may take into account all relevant factors, including—

(a)

whether the body corporate or partnership has been convicted of an offence under the Ordinance or section 3 of the Prevention of Cruelty to Animals Ordinance (Cap. 169);

(b)

whether any condition attached to a licence held, or previously held, by the body corporate or the partnership has been contravened; and

(c)

whether any licence previously held by the body corporate or partnership has been cancelled.

(3)

In determining whether an individual is a suitable person to manage the operation of a body corporate or partnership permitted by a licence, the Director may take into account all relevant factors, including—

(a)

whether the individual has been convicted of an offence under the Ordinance or section 3 of the Prevention of Cruelty to Animals Ordinance (Cap. 169);

(b)

whether any condition attached to any of the following licences has been contravened—

(i)

a licence held, or previously held, by the individual;

(ii)

a licence held, or previously held, by a body corporate or partnership for which the individual is or was authorized by the body corporate or partnership to act as its representative; and

(c)

whether any of the following licences has been cancelled—

(i)

a licence previously held by the individual;

(ii)

a licence previously held by a body corporate or partnership for which the individual was authorized by the body corporate or partnership to act as its representative.

(4)

If a licensee is a body corporate or partnership, the licensee may, with the approval of the Director, substitute another individual (substitute individual) for the individual who has been authorized by the licensee to act as its representative for the purpose of the licence.

(5)

The Director must not give approval under paragraph (4) unless the substitute individual satisfies the Director that the individual is a suitable person to manage the operation of a body corporate or partnership permitted by the licence.

(L.N. 64 of 2016)

5G. Provision supplementary to regulations 5, 5B and 5C—cancellation

(1)

The Director may cancel a licence if the Director considers that—

(a)

in any case—the licensee is no longer a suitable person to hold the licence;

(b)

if the licensee is a body corporate or partnership—the individual authorized by the licensee to act as its representative is no longer a suitable person to manage the operation of the body corporate or partnership permitted by the licence; or

(c)

any condition attached to the licence has been contravened.

(2)

The Director must not cancel a licence without first giving the licensee an opportunity of being heard.

(L.N. 64 of 2016)

5H. One-off permit to sell dog without licence

(1)

This regulation does not apply in relation to a dog that is sold, or offered to be sold, under a licence.

(2)

A person must not sell, or offer to sell, a dog otherwise than under a one-off permit.

(3)

On application in the form specified by the Director and payment of the fee specified in the Schedule, the Director may grant a one-off permit in respect of a dog to any individual to sell, and offer to sell, the dog.

(4)

The Director may attach to a one-off permit any condition the Director thinks fit.

(5)

For this regulation, a one-off permit is used once the sale of the dog to which the permit relates is concluded.

(6)

A one-off permit that is not used ceases to be valid on the expiry of the 6-month period beginning on the date on which the permit is granted.

(7)

The Director must not grant a one-off permit to an individual in respect of a dog unless—

(a)

the individual has attained the age of 18 years at the date of application for the permit; and

(b)

the individual has kept the dog for 4 consecutive months as a licensed keeper immediately before the date of application.

(8)

The Director may grant a maximum of 2 one-off permits to an individual within a period of 4 years beginning on the date the first of the permits for the period is granted.

(9)

For paragraph (8), a fresh 4-year period begins on the date a one-off permit is granted after a preceding 4-year period expires.

(10)

The holder of a one-off permit may surrender the permit by returning it to the Director before it is used, whether or not it has ceased to be valid.

(11)

For paragraphs (8) and (9), a one-off permit surrendered under paragraph (10) is not counted as a one-off permit.

(12)

In this regulation—

licensed keeper (持牌飼養人) means a keeper as defined by section 2 of the Rabies Ordinance (Cap. 421) who has been granted a licence under section 19A(1) of the Rabies Regulation (Cap. 421 sub. leg. A).

(L.N. 64 of 2016)

6. Standards of primary enclosures, etc.

(1)

A primary enclosure shall be—

(a)

structurally sound and maintained in good repair;

(b)

so designed as to contain adequately the animals or birds kept therein and to protect them from injury and predators;

(c)

so constructed and maintained as to enable the animals or birds kept therein to—

(i)

remain dry and clean;

(ii)

have convenient access to food and water; and

(iii)

move about freely and to stand, sit, lie and perch comfortably; and

(d)

so located as to avoid excessive illumination.

(2)

Housing facilities shall—

(a)

be structurally sound and maintained in good repair;

(b)

so designed as to contain adequately the animals and birds kept therein and to restrict the entrance of other animals and birds;

(c)

contain an adequate supply of potable water and a suitable drainage for the escape of excess water;

(d)

provide sufficient space for the storage of fresh food and bedding;

(e)

provide for the removal and disposal of animal or bird waste, food waste, used bedding, dead animals or birds and debris so as to minimize infestation, contamination, nauseating odours and the risk of disease;

(f)

be provided with sufficient fresh air ventilation, by means of windows, doors, vents or air conditioning, to promote the health and comfort of the animals or birds kept therein and to minimize draughts, odours and moisture condensation;

(g)

have ample lighting, by natural or artificial means or both, of good quality and so distributed as to provide sufficient light intensity to permit routine inspection and cleaning during trading hours; and

(h)

contain interior surfaces which are substantially impervious to moisture and may be readily sanitized.

(3)

An outdoor area shall provide—

(a)

sufficient shade to enable the animals or birds kept therein to protect themselves from the direct rays of the sun;

(b)

adequate shelter to afford to the animals or birds kept therein protection in inclement weather; and

(c)

suitable drainage for the escape of excess water.

7. Prohibition of alterations after grant of licence

Where a licence has been granted, the licensee shall not, thereafter, save with the permission in writing of the Director, make any material alteration or modification to the primary enclosure, housing facilities or outdoor area.

8.

(Repealed L.N. 410 of 1990)

9. Husbandry and sanitation

A licensee must comply with the following requirements— (L.N. 64 of 2016)

(a)

the housing facilities, primary enclosure and outdoor area shall be maintained in a clean and sanitary condition;

(b)

all excretal and other waste matter shall be removed from the licensed premises not less than once a day;

(c)

a programme for the control and destruction of insects, ectoparasites, avian and mammalian pests on the licensed premises shall be approved by, and maintained to the satisfaction of, the Director;

(d)

the food served to the animals or birds shall be adequate, free from contamination, wholesome and nutritive;

(e)

the water supplied to the animals or birds shall be potable and uncontaminated;

(f)

food and water receptacles shall be—

(i)

readily accessible to animals and birds;

(ii)

kept clean; and

(iii)

sanitized at such intervals as may be necessary to prevent contamination of the food and water; and

(g)

a supply of disinfectants shall be available for purposes of sanitation.

10. Certain animals or birds to be kept separate

(1A)

This regulation applies only in relation to animals and birds kept under a licence. (L.N. 64 of 2016)

(1)

Animals or birds shall not be housed in the same primary enclosure unless they are of the same, or of a compatible, genus.

(2)

Notwithstanding that they are of the same, or of a compatible, genus—

(a)

females in season (oestrus) shall not be housed in the same primary enclosure with males except for breeding purposes;

(b)

animals or birds of vicious disposition shall be housed individually in separate primary enclosures;

(c)

except where permanently maintained in breeding colonies, young animals or birds shall not be housed in the same primary enclosure with any adult animals or birds other than their dams or equivalent; and

(d)

animals or birds under treatment for a communicable disease shall be kept separate from other animals or birds.

11. Prohibition on hawking

No person shall hawk an animal or bird.

12. Unweaned animals not to be sold

No person shall sell an unweaned animal.

13. Offences and penalties

(1)

Any person who contravenes regulation 4(1)(a), 4AA(1)(a), 4AAB, 4A, 5H(2), 11 or 12 commits an offence and is liable on conviction to a fine at level 6. (L.N. 410 of 1990; L.N. 219 of 2001; L.N. 263 of 2001; L.N. 64 of 2016)

(2)

A licensee who contravenes— (L.N. 64 of 2016)

(a)

any condition attached to the licence; or (L.N. 64 of 2016)

(b)

regulation 4(1)(b), 4AA(1)(b), 7, 9, 10 or 16(4), (L.N. 410 of 1990; L.N. 64 of 2016)

commits an offence and is liable on conviction to a fine at level 5. (L.N. 64 of 2016)

(3)

The holder of a one-off permit who contravenes any condition attached to the permit commits an offence and is liable on conviction to a fine at level 5. (L.N. 64 of 2016)

14.

(Omitted as spent—E.R. 1 of 2018)

15.

(Repealed L.N. 64 of 2016)

16. Transitional arrangements for existing licensed animal traders

(1)

An animal trader licence that is valid immediately before the commencement date remains valid subject to its terms until its expiry.

(2)

A person may act as a dog breeder at any premises on or after the commencement date if—

(a)

the person is a licensed animal trader in respect of the premises, and the licence is valid immediately before the commencement date; and

(b)

the person is permitted to keep female dogs for breeding purposes at the premises under that licence.

(3)

Paragraph (2) does not permit a person described in that paragraph to act as a dog breeder after the animal trader licence held by the person expires.

(4)

A person who immediately before the commencement date holds an animal trader licence, under which the person is permitted to sell dogs, in respect of a premises may until its expiry only sell, or offer to sell, dogs that are—

(a)

kept at the premises immediately before the commencement date under the licence;

(b)

legally imported on or after the commencement date;

(c)

acquired on or after the commencement date—

(i)

from a licensed animal trader;

(ii)

from a dog breeder holding a licence; or

(iii)

under a one-off permit; or

(d)

for a person who acts as a dog breeder under paragraph (2)—bred at the premises.

(5)

In this regulation—

*commencement date (生效日期) means the day on which the Public Health (Animals and Birds) (Animal Traders) (Amendment) Regulation 2016 comes into operation.

(L.N. 64 of 2016)

Editorial Note: Commencement date: 20 March 2017.

Schedule — Fees

[regs. 5, 5B, 5C & 5H]

Column 1 Item	Column 2 Description	Column 3 Fee $
1.	Grant of an animal trader licence under regulation 5(1)	3,780

2.	Renewal of an animal trader licence under regulation 5(1)	2,970

3.	Grant of a dog breeder licence (category A) under regulation 5B(1)	1,350

4.	Renewal of a dog breeder licence (category A) under regulation 5B(1)	805

5.	Grant of a dog breeder licence (category B) under regulation 5C(1)	4,700

6.	Renewal of a dog breeder licence (category B) under regulation 5C(1)	3,510

7.	Grant of a one-off permit under regulation 5H(3)	225

(Schedule added L.N. 64 of 2016)