Dangerous Dogs Regulation (Exemption) Notice
(Enacting provision omitted—E.R. 1 of 2015)
[1 June 2001]
(Format changes—E.R. 1 of 2015)
Subject to subsection (3) and section 2, a person who is otherwise required to comply with section 9(1) of the Dangerous Dogs Regulation (Cap. 167 sub. leg. D) in relation to a large dog is exempt from that section subject to the conditions that—
if the dog is in a public place, the person is at all times present within such distance from the dog that it is reasonably practicable for the person to readily bring the dog under the control of the person;
there is attached to the collar or harness of the dog a medal issued under subsection (2); and
if the person is the keeper of the dog, the keeper is not in breach of any requirement imposed under the Ordinance or any other Ordinance relating to the keeping and control of dogs.
The Director may issue in respect of a large dog a medal and a certificate—
in such form as the Director thinks fit; and
in acknowledgement that the dog has passed an examination—
conducted by or on behalf of the Director; and
as to the dog’s temperament and obedience.
It shall also be a condition of an exemption under subsection (1) that the person concerned comply with the requirements of a notice, if any, served on the person under section 2.
If a person contravenes any condition specified in section 1(1) (and whether or not the person is prosecuted under section 17(3) of the Ordinance in relation to that contravention), an authorized officer may serve a notice in writing on the keeper of the large dog the subject of the contravention—
stating that the exemption under section 1(1) in respect of the dog ceases to apply and the reason for its cessation;
requiring the keeper to ensure that at all times the medal issued under section 1(2) in respect of the dog is not fixed to the collar or harness of the dog; and
requiring the keeper to return to the Director the medal and the certificate issued under section 1(2) in respect of the dog not later than a period specified in the notice, being a period reasonable in all the circumstances.
(Part 2 added L.N. 137 of 2014)
In this Part—
Department (漁護署) means the Agriculture, Fisheries and Conservation Department; major dog disease (嚴重狗隻疾病) means rabies, parvovirus infection, canine distemper, infectious canine hepatitis or leptospirosis; programme coordinator (計劃統籌者) means—(a)the Society for the Prevention of Cruelty to Animals (Hong Kong) Trustees Incorporated, a corporation of trustees incorporated under the Registered Trustees Incorporation Ordinance (Cap. 306); or (b)the Society for Abandoned Animals Limited, a company incorporated under the Companies Ordinance (Cap. 32) as in force at the time of the incorporation; registered veterinary surgeon (註冊獸醫) has the meaning given by section 2 of the Veterinary Surgeons Registration Ordinance (Cap. 529); TNR programme (“捕絕放計劃”) means a trial programme which—(a)aims at assessing the effectiveness of the trap-neuter-return mechanism in reducing the number of stray dogs within the trial zones; and (b)is implemented by the programme coordinators; trial zone (試驗區) means—(a)the Cheung Chau trial zone, as delineated and edged blue on the map deposited at the Department’s headquarters which was—(i)signed by the Director on 14 October 2014; and (ii)numbered AFD-LS-2014-53-2B; or (b)the Tai Tong trial zone, as delineated and edged blue on the map deposited at the Department’s headquarters which was—(i)signed by the Director on 14 October 2014; and (ii)numbered AFD-LS-2014-53-1B.Section 9(1) of the Dangerous Dogs Regulation (Cap. 167 sub. leg. D) does not apply to a person who causes, suffers or permits a large dog to be released under the TNR programme.
For subsection (1), a large dog is released under the TNR programme if—
it is released within a trial zone by a person carrying an identification card issued by a programme coordinator to show that the person—
is an employee or volunteer of the coordinator; and
has completed a training course organized by the coordinator; and
it bears an identification mark which is affixed by the coordinator on the basis that it—
has been assessed, in terms of health and temperament, as being suitable for release within a trial zone;
has been neutered by a registered veterinary surgeon; and
has been vaccinated against each of the major dog diseases.
For subsection (2)(a)(ii), the training course—
must cover animal nutrition, animal behaviour, environmental safety and dog catching methods; and
must be approved by the Director.
For subsection (2)(b)(i)—
an assessment regarding the health of a large dog must be carried out by a registered veterinary surgeon; and
an assessment regarding the temperament of a large dog must be carried out by—
a registered veterinary surgeon; or
a dog trainer recognized by the programme coordinator.