To make provision for the conservation of wild animals, and for purposes connected therewith.
[23 January 1976]
(Format changes—E.R. 3 of 2022)
This Ordinance may be cited as the Wild Animals Protection Ordinance.
In this Ordinance, unless the context otherwise requires—
animal (動物) means any form of animal life other than fish and marine invertebrates; (Amended 58 of 1980 s. 2) arms (槍械) includes— (a)any firearm of any description from which any shot, bullet or other missile can be discharged; (b)any air gun, air rifle or air pistol from which any shot, bullet or other missile can be discharged; and (c)any propelling or releasing instrument or mechanism, from or by which any shell, cartridge or projectile can be discharged; authorized officer (獲授權人員) means— (a)a police officer; or (b)a public officer, or a public officer belonging to a class of public officers, appointed by the Director under section 16(1); (Replaced 11 of 2024 s. 3) commercial purpose (商業目的) means any purpose relating to trade or business; (Added 77 of 1996 s. 2) Director (署長) means the Director of Agriculture, Fisheries and Conservation, the Deputy Director of Agriculture, Fisheries and Conservation or an Assistant Director of Agriculture, Fisheries and Conservation; (Amended 77 of 1996 s. 2; L.N. 331 of 1999) fixed penalty (定額罰款) means the fixed penalty under section 18A(1); (Added 11 of 2024 s. 3) hunt (狩獵) includes any act immediately directed at the killing or capture of any wild animal or the taking of any nest, egg, or young of any wild animal; (Amended 58 of 1980 s. 2) hunting appliance (狩獵器具) means any net, gin, snare, poison or poisoned weapon, bird lime, trap or bright light; live decoy (活生作誘餌用的動物) means a live animal intended for use in attracting any other animal; nature area (自然生態區) means— (a)any forest or plantation within the meaning of the Forests and Countryside Ordinance (Cap. 96); (b)any country park or special area within the meaning of the Country Parks Ordinance (Cap. 208); (c)any marine park or marine reserve within the meaning of the Marine Parks Ordinance (Cap. 476); or (d)any area specified in Schedule 6; (Added 77 of 1996 s. 2) protected wild animal (受保護野生動物) means any wild animal specified in Schedule 2; (Amended 77 of 1996 s. 2) specified officer (指明人員) means a public officer, or a public officer belonging to a class of public officers, appointed by the Director under section 2(1) of Schedule 9; (Added 11 of 2024 s. 3) special permit (特別許可證) means a special permit granted under section 15; (Amended 77 of 1996 s. 2) wild animal (野生動物) means any animal, other than those classed at common law as domestic (including those so classed which have gone astray or have been abandoned). (Replaced 77 of 1996 s. 2)(Amended 58 of 1980 s. 2)
(Repealed 58 of 1980 s. 15)
No person shall, except in accordance with a special permit, hunt or wilfully disturb any protected wild animal.
(Amended 77 of 1996 s. 3)
No person shall, except in accordance with a special permit, take, remove, injure, destroy or wilfully disturb a nest or egg of any protected wild animal.
(Amended 58 of 1980 s. 3; 77 of 1996 s. 4)
(Repealed 58 of 1980 s. 15)
No person shall, except in accordance with a special permit, hunt any wild animal by means of—
a live decoy or the emission of recorded noises;
any pitfall;
any arms; or
any hunting appliance other than a hunting appliance approved by the Director for the purposes of this section by notice in the Gazette.
No person shall, except in accordance with a special permit, have in his possession any hunting appliance other than a hunting appliance approved by the Director for the purposes of this section by notice in the Gazette, or make a pitfall for the purpose of hunting any wild animal.
(Replaced 58 of 1980 s. 4. Amended 77 of 1996 s. 5)
No person shall, except in accordance with a special permit, have in his possession or under his control— (Amended 77 of 1996 s. 6)
any live protected wild animal taken in Hong Kong;
any dead protected wild animal, or part of a protected wild animal, killed or taken in Hong Kong; or
any nest or egg of any protected wild animal taken in Hong Kong.
For the purposes of subsection (1), where—
a person has in his possession or under his control a live protected wild animal, a dead protected wild animal, a part of a protected wild animal, or a nest or egg of a protected wild animal, in a nature area; or
a person has in his possession or under his control a live protected wild animal, a dead protected wild animal, a part of a protected wild animal, or a nest or egg of a protected wild animal, for a commercial purpose; and
the person, on demand by an authorized officer, fails without lawful authority or reasonable excuse to produce documentary proof that—
in the case of a live protected wild animal, or a nest or egg of a protected wild animal, the same was not taken in Hong Kong;
in the case of a dead protected wild animal, or a part of a protected wild animal, the same was not killed or taken in Hong Kong,
it shall be presumed, unless the contrary is proved, that—
in the case of a live protected wild animal, or a nest or egg of a protected wild animal—
the same was taken in Hong Kong; and
the person knows that the same was taken in Hong Kong;
in the case of a dead protected wild animal, or a part of a protected wild animal—
the same was killed or taken in Hong Kong; and
the person knows that the same was killed or taken in Hong Kong. (Added 77 of 1996 s. 6)
(Replaced 58 of 1980 s. 5)
No person shall, except in accordance with a special permit, buy, sell, export or offer for sale or export— (Amended 77 of 1996 s. 7)
any protected wild animal, or part of a protected wild animal, killed or taken in Hong Kong; or
any nest or egg of any protected wild animal taken in Hong Kong. (Amended 58 of 1980 s. 6)
For the purposes of subsection (1), where—
a person buys, sells, exports or offers for sale or export a protected wild animal, a part of a protected wild animal, or a nest or egg of a protected wild animal, for a commercial purpose; and
the person, on demand by an authorized officer, fails without lawful authority or reasonable excuse to produce documentary proof that—
in the case of a protected wild animal, or a part of a protected wild animal, the same was not killed or taken in Hong Kong;
in the case of a nest or egg of a protected wild animal, the same was not taken in Hong Kong,
it shall be presumed, unless the contrary is proved, that—
in the case of a protected wild animal, or a part of a protected wild animal—
the same was killed or taken in Hong Kong; and
the person knows that the same was killed or taken in Hong Kong;
in the case of a nest or egg of a protected wild animal—
the same was taken in Hong Kong; and
the person knows that the same was taken in Hong Kong. (Added 77 of 1996 s. 7)
Subject to subsection (2), a person must not feed—
a wild animal; or
an animal specified in Schedule 2A.
Subsection (1) does not apply if—
the animal mentioned in subsection (1)(a) or (b) is ordinarily kept in captivity; or
a special permit has been granted for feeding such an animal.
(Added 11 of 2024 s. 4)
(Repealed 58 of 1980 s. 15)
(Repealed 58 of 1980 s. 15)
(Repealed 58 of 1980 s. 15)
Subject to subsection (2), no person shall, except in accordance with a permit in writing granted by the Director under paragraph (b), enter into or be within any area specified in Schedule 6 during the period specified in respect thereof in that Schedule. (Amended 58 of 1980 s. 7; 77 of 1996 s. 8)
The Director may, upon application in that behalf by any person in such form as the Director may specify, grant to the person, upon such conditions as he thinks fit, a permit in writing for the purposes of paragraph (a). (Added 77 of 1996 s. 8)
The Director shall, within 14 days of his determination of an application referred to in paragraph (b), notify the person by whom the application is made by notice in writing as to—
whether the permit applied for under the application is granted under paragraph (b); and
where the permit is so granted, the conditions (if any) upon which it is so granted. (Added 77 of 1996 s. 8)
Subsection (1) shall not apply to—
a public officer or a member of the Chinese People’s Liberation Army on duty within any such area; (Amended 44 of 1976 s. 3)
a person engaged on public works within any such area; or
a person ordinarily resident in such specified area.
A person who under subsection (2) lawfully enters or is within any area specified in Schedule 6 shall not— (Amended 77 of 1996 s. 8)
unless he is a police officer or a member of the Chinese People’s Liberation Army or the Customs and Excise Service on duty, be in possession of any arms; (Amended 44 of 1976 s. 3; 58 of 1980 s. 7)
be in possession of any hunting appliance; or
hunt any wild animal.
(Amended 2 of 2012 s. 3)
(Repealed 58 of 1980 s. 15)
Notwithstanding any provision of this Ordinance, the Director may, upon application in that behalf by any person in such form as the Director may specify, grant to the person, upon such conditions as the Director thinks fit, a special permit in writing for the purposes of any of the provisions of sections 4, 5, 7(1) and (2), 8, 9 and 9A(2)(b). (Amended 11 of 2024 s. 5)
The Director shall, within 30 days of his determination of an application referred to in subsection (1), notify the person by whom the application is made by notice in writing as to—
whether the special permit applied for under the application is granted under subsection (1); and
where the special permit is so granted, the conditions (if any) upon which it is so granted.
(Replaced 77 of 1996 s. 9)
The Director may at any time cancel a permit granted under section 13(1), or a special permit, if—
the holder of the permit or special permit, as the case may be, has—
been convicted of an offence under section 18; or
contravened any condition upon which the permit or special permit, as the case may be, was granted;
the Director is satisfied that the permit or special permit, as the case may be, was granted as a result of a false representation of any fact by or an unlawful act by, the holder of the permit or special permit, as the case may be; or
it appears to the Director to be necessary for the conservation of wild animals.
Where the Director cancels a permit or special permit under subsection (1), he shall forthwith notify the holder of the permit or special permit, as the case may be, by notice in writing, of—
the cancellation;
the reasons for the cancellation; and
the manner in which the permit or special permit, as the case may be, shall be surrendered.
A holder of a permit or special permit to whom a notice is given by the Director under subsection (2) shall, in the absence of any reasonable excuse, within 14 days of the date of the notice, surrender the permit or special permit, as the case may be, to the Director in the manner specified in the notice.
(Added 77 of 1996 s. 10)
The Director may appoint in writing any public officer, or class of public officers, serving under the Director to be an authorized officer for the purposes of this Ordinance.
An authorized officer appointed under subsection (1), when exercising a power under this Ordinance, must produce the written appointment for inspection by any person who reasonably requires to see it.
(Replaced 11 of 2024 s. 6)
If an authorized officer finds a person hunting or has reasonable grounds for believing that a person has been hunting or is about to hunt, he may require such person to produce for inspection his special permit. (Amended 58 of 1980 s. 9)
If an authorized officer has reasonable grounds for believing that a person has committed an offence under section 18, he may arrest such person. (Amended 77 of 1996 s. 11)
Where an authorized officer arrests a person under subsection (2) he shall forthwith take such person to the nearest police station and shall there hand him over to the custody of a police officer and thereupon the provisions of section 52 of the Police Force Ordinance (Cap. 232) shall apply.
(Repealed 77 of 1996 s. 11)
An authorized officer may, without warrant, stop and search any person, and search the property of any person, by whom he has reasonable grounds for believing that an offence under section 18 is being or has been committed.
An authorized officer may seize and detain at the owner’s risk—
any protected wild animal, whether dead or alive;
any part of a protected wild animal; or
any nest or egg of a protected wild animal,
in respect of which the authorized officer has reasonable grounds for believing that an offence under section 18 is being or has been committed;
any protected wild animal, whether dead or alive;
any part of a protected wild animal; or
any nest or egg of a protected wild animal,
which the authorized officer has reasonable grounds for believing has been abandoned;
any receptacle in which any animal liable to be seized and detained under paragraph (a) or (b) is contained, together with any handling or other device which the authorized officer has reasonable grounds for believing is used for or in connection with the animal;
any food or drink accompanying any animal liable to be seized and detained under paragraph (a) or (b);
any live decoy or any device for the emission of recorded noises, any arms or any hunting appliance, by or with which the authorized officer has reasonable grounds for believing that an offence under section 18 is being or has been committed;
any document or thing which is likely to be or to contain evidence of an offence under section 18 which the authorized officer has reasonable grounds for believing is being or has been committed.
In subsection (2)—
a reference to any protected wild animal shall be deemed to include a reference to any animal which an authorized officer has reasonable grounds for believing is a protected wild animal;
a reference to any part of a protected wild animal shall be deemed to include a reference to any part of an animal which an authorized officer has reasonable grounds for believing is a part of a protected animal;
a reference to any nest or egg of a protected wild animal shall be deemed to include a reference to any nest or egg of an animal which an authorized officer has reasonable grounds for believing is a nest or egg of a protected wild animal.
(Added 77 of 1996 s. 12)
Where a warrant has been issued under subsection (2) in respect of any premises, or where subsection (3) applies in respect of any premises, an authorized officer may—
enter and search the premises, using such force as may be necessary;
remove anything which obstructs the entry and search; and
detain any person found in the premises, during such period as is reasonably required to permit the search to be carried out, where that person might prejudice the purpose of such search if he were not so detained.
If a magistrate is satisfied by information on oath that there are reasonable grounds for believing that there is anything liable to be seized and detained under section 17A(2) in any premises, the magistrate may, for the purposes of subsection (1), issue a warrant authorizing any authorized officer to enter and search the premises.
An authorized officer may exercise any of the powers referred to in subsection (1) in respect of any premises without a warrant issued under subsection (2) where—
he has reasonable grounds for believing that there is in the premises anything liable to be seized and detained under section 17A(2);
the premises are not premises used wholly or mainly for residential purposes and constituting a separate household unit; and
it is not reasonably practicable to obtain such a warrant in respect of the premises before exercising such powers.
An authorized officer entering any premises pursuant to subsection (1) may take with him such persons as may be reasonably necessary to assist him in the exercise of his powers or performance of his duties under this Ordinance.
Where any premises an authorized officer has entered pursuant to subsection (1) are unoccupied, he shall, on leaving the premises, leave the same as effectually secured against trespassers as he found them to be at the time of entry.
A warrant issued under subsection (2) shall in no case continue in force for more than 1 month from the date on which it is issued, whether or not the purpose for which it is issued has been satisfied.
In this section—
a reference to premises shall be construed as including a reference to—
land;
any means of air, land, sea or other water transport; and
any structure (including a structure on land and a floating structure);
a reference to enter shall be construed as including a reference to board.
(Added 77 of 1996 s. 12)
(Repealed 11 of 2024 s. 7)
This section applies if an authorized officer has reason to believe that a person is committing or has committed a relevant offence.
The authorized officer may, for the purpose of issuing or serving a summons, a notice (including a penalty notice as defined by section 1(1) of Schedule 9) or other document in relation to the relevant offence, require the person to—
supply the person’s name, address and contact telephone number (if any); and
produce for inspection the person’s proof of identity.
In this section—
proof of identity (身分證明文件) has the meaning given by section 17B(1) of the Immigration Ordinance (Cap. 115); relevant offence (有關罪行) means an offence under section 18, other than an offence under section 18(1)(a) for contravening section 15A(3).(Added 11 of 2024 s. 8)
Any person who— (Amended 11 of 2024 s. 9)
contravenes section 4, 5, 7, 8, 9, 13 or 15A(3); (Amended 58 of 1980 s. 10; 77 of 1996 s. 13; 11 of 2024 s. 9)
without lawful excuse fails to comply with a requirement of an authorized officer under section 17(1); or
wilfully resists or obstructs an authorized officer exercising any power under or pursuant to section 17(2), 17A or 17B, (Amended 77 of 1996 s. 13)
commits an offence and— (Amended 11 of 2024 s. 9)
in the case of a contravention of section 4, 5, 8 or 9, is liable on conviction to a fine at level 6 and to imprisonment for 1 year; (Replaced 77 of 1996 s. 13)
in the case of a contravention of section 7 or 13 or of an offence under paragraph (c), is liable on conviction to a fine at level 5; (Replaced 77 of 1996 s. 13)
in the case of an offence under paragraph (b), is liable on conviction to a fine at level 3; (Added 77 of 1996 s. 13)
in the case of a contravention of section 15A(3), is liable on conviction to a fine at level 2. (Added 77 of 1996 s. 13. Amended 11 of 2024 s. 9)
A person who contravenes section 9A commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 1 year. (Added 11 of 2024 s. 9)
In any proceedings for an offence under subsection (2), the burden of establishing that section 9A(1) does not apply because of section 9A(2) lies on the person charged with the offence. (Added 11 of 2024 s. 9)
For the purposes of subsection (3), a person is taken to have established that section 9A(1) does not apply because of section 9A(2) if—
there is sufficient evidence to raise an issue that the animal mentioned in section 9A(1)(a) or (b) is ordinarily kept in captivity or that a special permit has been granted for feeding such an animal; and
the contrary is not proved by the prosecution beyond reasonable doubt. (Added 11 of 2024 s. 9)
A person who fails to comply with a requirement made under section 17D(2) or under section 3(2) of Schedule 9 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. (Added 11 of 2024 s. 9)
It is a defence for a person charged with an offence under subsection (5) to establish that the person had a reasonable excuse for failing to comply with the requirement. (Added 11 of 2024 s. 9)
For the purposes of subsection (6), a person is taken to have established that the person had a reasonable excuse if—
there is sufficient evidence to raise an issue that the person had a reasonable excuse; and
the contrary is not proved by the prosecution beyond reasonable doubt. (Added 11 of 2024 s. 9)
A person who, in purported compliance with a requirement made under section 17D(2) or under section 3(2) of Schedule 9, knowingly or recklessly supplies any information that is false or misleading in a material particular commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. (Added 11 of 2024 s. 9)
A person who wilfully resists or obstructs a specified officer exercising any power under or pursuant to section 4 of Schedule 9 commits an offence and is liable on conviction to a fine at level 5. (Added 11 of 2024 s. 9)
If a person commits an offence under section 18(2) and is given a penalty notice as defined by section 1(1) of Schedule 9, the person may, in accordance with that Schedule, discharge liability for the offence by paying a fixed penalty of $5,000.
Schedule 9 provides for matters relating to the fixed penalty.
(Added 11 of 2024 s. 10)
The Legislative Council may by resolution amend the amount of the fixed penalty.
The Legislative Council may by resolution amend the amount of the costs specified in section 10(2)(c), 14(3)(b)(iii) or 15(4)(c) of Schedule 9.
(Added 11 of 2024 s. 10)
(Repealed 77 of 1996 s. 14)
Upon the conviction of any person for an offence under section 18 by a court or a magistrate, anything seized and detained under section 17A(2), other than that which apart from section 17A(3) could not have been so seized and detained, in connection with the offence shall, subject to any order of the court or the magistrate, as the case may be, to the contrary, be forfeited.
Where a person who is prosecuted for an offence under section 18 is acquitted by a court or a magistrate, the court or the magistrate, as the case may be, may order anything seized and detained under section 17A(2), other than that which apart from section 17A(3) could not have been so seized and detained, in connection with the offence to be—
forfeited;
returned to the person from whom it has been seized (if any), or to its owner; or
released (if applicable) or otherwise disposed of.
Upon application by the Director or an authorized officer in that behalf, a magistrate may order anything seized and detained under section 17A(2), other than that which may be the subject of an order under subsection (1) or (2), to be—
forfeited;
returned to the person from whom it has been seized (if any), or to its owner; or
released (if applicable) or otherwise disposed of.
(Replaced 77 of 1996 s. 15)
Where—
anything is—
forfeited under section 20(1); or
ordered to be forfeited under section 20(2) or (3); or
anything seized and detained under section 17A(2), other than that which apart from section 17A(3) could not have been so seized and detained, is—
in case it is a live protected wild animal—
likely to die or be subjected to unnecessary suffering if it is kept in captivity; or
by reason of its size, diet, normal habitat or for any other reasonable cause impracticable to be kept detained by the Director;
in any other case—
perishable; or
for any other reasonable cause impracticable to be kept detained by the Director,
the Director may cause the same to be disposed of in such manner as he thinks fit.
Where anything is seized and detained under section 17A(2)(b), or under section 17A(2)(c) or (d) in connection with an animal liable to be seized and detained under section 17A(2)(b), then—
subject to subsection (1), in the event that any person has lodged a claim in respect of it as its owner by notice in writing served on the Director within 14 days after its seizure, the Director shall—
where only one claim has been so lodged and the Director admits the claim, cause it to be returned as soon as reasonably practicable to the person by whom the claim has been lodged;
in any other case, apply to a magistrate for an order in respect of it under section 20(3) as soon as reasonably practicable;
in the event that no person has so lodged a claim, the Director may cause it to be disposed of in such manner as he thinks fit.
The Director shall, where he is required to apply for an order in respect of anything under section 20(3), notify any person by whom a claim has been lodged in respect of it pursuant to subsection (2), by notice in writing served on the person as soon as reasonably practicable, that—
subsection (2)(a)(ii) applies; and
the Director will in accordance with subsection (2)(a)(ii) apply for an order in respect of it under section 20(3).
(Added 77 of 1996 s. 16)
If any damage is caused to growing crops by a person, or by his attendants or dogs, whilst engaged in hunting, he shall be liable to pay to the owner of the crops by way of compensation such sum of money as a magistrate may, on hearing a complaint under Part II of the Magistrates Ordinance (Cap. 227), order.
Any compensation ordered to be paid under subsection (1)—
shall be paid within 7 days after the date of the order; or
shall, if not paid in accordance with paragraph (a), be recovered as if it were a fine imposed by a magistrate under this Ordinance.
The Secretary for Environment and Ecology may by notice published in the Gazette amend any Schedule, except Schedule 9. (Amended 11 of 2024 s. 11)
Where the Secretary for Environment and Ecology amends Schedule 6, an amendment of an area specified in that Schedule or the insertion therein of a new area shall be described by reference to a plan signed and dated by the Director and deposited in the Land Registry, and such plan shall be available for inspection at the Land Registry, and copies of it shall be available for inspection at every District Office in the New Territories. (Amended 8 of 1993 s. 2; 21 of 2024 s. 78)
The Director may by notice published in the Gazette amend Schedule 2A. (Added 11 of 2024 s. 11)
(Amended 58 of 1980 s. 13; 77 of 1996 s. 17; 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
The Secretary for Environment and Ecology may specify the form of any notice or certificate for the purposes of Schedule 9.
The Secretary for Environment and Ecology must, as soon as practicable after a form is specified under subsection (1), publish the specified form in the Gazette.
A form specified under this section is not subsidiary legislation.
(Added 11 of 2024 s. 12)
Any person who is aggrieved by a decision made in respect of him by the Director in relation to—
the granting of or the refusal to grant a permit or a special permit pursuant to section 13 or 15; or
the cancellation of a permit or a special permit under section 15A,
may, within 28 days after receiving notice of the decision, appeal to the Administrative Appeals Board.
(Added 77 of 1996 s. 18)
For the purposes of this Ordinance (except Schedule 9), a notice required to be served on or given to any person in writing by the Director under this Ordinance shall be deemed to have been duly served on or given to that person, if— (Amended 11 of 2024 s. 13)
in the case of an individual, it has been—
delivered to him;
left at his last known address; or
sent by post to him at his last known address;
in the case of a body corporate, it has been—
delivered to an officer of the body corporate;
left at his last known address of the body corporate; or
sent by post to the body corporate at the last known address of the body corporate;
in the case of a partnership, it has been—
served on or given to any partner who is an individual pursuant to paragraph (a) as if he were an individual under that paragraph; or
served on or given to any partner which is a body corporate pursuant to paragraph (b) as if it were a body corporate under that paragraph.
(Added 77 of 1996 s. 18)
(Repealed 58 of 1980 s. 15)
| Note: | The protected wild animals are those specified in Column 2. The names given in Column 1, Column 3 and Column 4 are for information only. |
| Column 1 ORDER/Family | Column 2 Scientific Name | Column 3 English Common Name | Column 4 Chinese Common Name |
| MAMMALIA | MAMMALS | 哺乳類 | |
| CHIROTERA | Chiroptera, all species of all genera and all families | Bats | 蝙蝠 |
| PRIMATES | Primates, all species of all genera and all families except an individual of the family Hominidae (man) | Primates (Monkeys etc.) | 靈長屬(猴子等) |
| PHOLIDOTA | |||
| Manidae | Manis pentadactyla | Chinese Pangolin | 穿山甲 |
| RODENTIA | |||
| Hystricidae | Hystrix hodgsoni | Chinese Porcupine | 箭豬 |
| MAMMALIA | MAMMALS | 哺乳類 | |
| Sciuridae | Sciuridae, all species of all genera | Squirrels | 松鼠 |
| CETACEA | Cetacea, all species of all genera and all families | Cetaceans (Dolphins, whales, porpoises) | 鯨屬(海豚、鯨魚、 小鯨) |
| CARNIVORA | |||
| Canidae | Vulpes vulpes | Common Red Fox | 紅狐 |
| Viverridae | Herpestes, all species Paguma larvata Viverricula indica Viverra zibetha | Mongooses Masked Palm Civet Small Indian Civet Large Indian Civet | 獴屬 果子狸 七間狸 五間狸 |
| Mustelidae | Lutra lutra Melogale moschata | Otter Chinese Ferret Badger | 水獺 鼬獾 |
| Felidae | Felis bengalensis | Leopard Cat | 豹貓 |
| SIRENIA | |||
| Dugongidae | Dugong, all species | Dugongs | 儒艮 |
| ARTIODACTYLA | |||
| Cervidae | Muntiacus reevesi | Reeves’ Muntjac or Barking Deer | 黃麖 |
| AVES | BIRDS | 雀鳥類 | |
| Aves, all species of all genera, all families and all orders | All wild birds | 所有野生雀鳥 | |
| REPTILIA | REPTILES | 爬蟲類 | |
| TESTUDINES | Testudines, all species of all genera and all families | Chelonians (Turtles, terrapins, tortoises, etc.) | 龜鱉屬(海龜、鱉、 龜等) |
| SERPENTES | |||
| Boidae | Python molurus bivittatus | Burmese Python | 緬甸蟒蛇 |
| SAURIA | |||
| Varanidae | Varanus salvator | Water Monitor | 巨蜥 |
| AMPHIBIA | AMPHIBIANS | 兩棲類 | |
| CAUDATA | |||
| Salamandridae | Paramesotriton hongkongensis | Hong Kong Newt | 香港蠑螈 |
| ANURA | |||
| Ranidae | Amolops hongkongensis | Hong Kong Cascade Frog | 香港瀑蛙 |
| Rhacophoridae | Philautus romeri | Romer’s Tree Frog | 盧文氏蛙 |
| INSECTA | INSECTS | 昆蟲類 | |
| LEPIDOPTERA | |||
| Papilionidae | Troides helena | Birdwing Butterfly | 黃扇蝶 |
(Schedule 2 replaced L.N. 182 of 1992. Amended 11 of 2024 s. 14)
| Note:An animal specified in this Schedule is the one specified in Column 3. The names given in Column 2, Column 4 and Column 5 are for information only. | ||||
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
| Item | ORDER/Family | Scientific name | English common name | Chinese common name |
| AVES | BIRDS | 雀鳥類 | ||
| 1. | COLUMBIFORMES/ Columbidae | Columba livia | Feral pigeon, domestic pigeon or rock pigeon | 野鴿, 白鴿, 家鴿 or 原鴿 |
(Schedule 2A added 11 of 2024 s. 15)
(Repealed 58 of 1980 s. 15)
(Repealed 58 of 1980 s. 15)
(Repealed 58 of 1980 s. 15)
| Area A | Restricted Period |
| Fung Shui wood behind the village of Yim Tso Ha, Starling Inlet, New Territories. | From 1 April to 30 September, both days inclusive. |
| Area A is delineated and marked in yellow on a plan entitled “WILD BIRDS & WILD MAMMALS PROTECTION ORDINANCE, SEVENTH SCHEDULE” which was signed by the Director of Agriculture and Fisheries on 3 June 1971 and deposited in the Land Registry. The plan may be inspected at the Land Registry, and copies of the plan are available for inspection at all the District Offices in the New Territories. (Amended 8 of 1993 s. 2; L.N. 208 of 1999; 21 of 2024 s. 78) |
| Area B | Restricted Period |
| The Mai Po Marshes, all the mangrove swamps adjoining the Marshes, and the intertidal mud flats and shallow waters of Inner Deep Bay. | At all times. |
| Area B is delineated and marked in red on a plan entitled “WILD ANIMALS PROTECTION ORDINANCE (CHAPTER 170), SIXTH SCHEDULE—AREA B” which was signed by the Director of Agriculture and Fisheries on 20 December 1995 and deposited in the Land Registry. The plan may be inspected at the Land Registry and copies are available for inspection at all District Offices in the New Territories. (Replaced L.N. 19 of 1996. Amended L.N. 208 of 1999; 21 of 2024 s. 78) |
| Area C | Restricted Period |
| The sandy beach at Sham Wan, Lamma Island and the inlet of the sea adjoining the beach. | From 1 April to 31 October, both days inclusive. |
| Area C is delineated and marked in green on a plan entitled “WILD ANIMALS PROTECTION ORDINANCE (CHAPTER 170), SCHEDULE 6— AREA C” which was signed by the Director of Agriculture, Fisheries and Conservation on 25 November 2020 and deposited in the Land Registry. The plan may be inspected at the Land Registry and copies are available for inspection at all District Offices in the New Territories. (Replaced L.N. 254 of 2020) |
(Repealed 58 of 1980 s. 15)
(Repealed 58 of 1980 s. 15)
In this Schedule—
Authority (主管當局)—see subsection (2); demand notice (繳款通知書) means a demand notice served under section 7(2) of this Schedule; penalty notice (罰款通知書) means a penalty notice given under section 5(2) of this Schedule; recovery order (追討令) means an order made under section 10(2) of this Schedule; specified form (指明格式) means a form specified under section 22A.In this Schedule, in applying a provision in relation to an offence for which an authorized officer or specified officer (officer concerned) has given a penalty notice, a reference to the Authority is a reference to—
if the officer concerned is a police officer—the Commissioner of Police;
if the officer concerned is a public officer serving under the Director—the Director;
if the officer concerned is a public officer serving under the Director of Food and Environmental Hygiene—the Director of Food and Environmental Hygiene;
if the officer concerned is a public officer serving under the Director of Leisure and Cultural Services—the Director of Leisure and Cultural Services; or
if the officer concerned is a public officer serving under the Director of Housing—the Director of Housing.
The Director may appoint in writing any public officer, or class of public officers, serving under a relevant authority to be a specified officer.
A specified officer appointed under subsection (1), when exercising a power under this Schedule, must produce the written appointment for inspection by any person who reasonably requires to see it.
In this section—
relevant authority (有關當局) means—(a)the Director of Food and Environmental Hygiene;(b)the Director of Leisure and Cultural Services; or(c)the Director of Housing.This section applies if a specified officer has reason to believe that a person is committing or has committed an offence under section 18(2).
The specified officer may, for the purpose of giving the person a penalty notice, require the person to—
supply the person’s name, address and contact telephone number (if any); and
produce for inspection the person’s proof of identity.
In this section—
proof of identity (身分證明文件) has the meaning given by section 17B(1) of the Immigration Ordinance (Cap. 115).If a specified officer has reasonable grounds for believing that a person has committed an offence under section 18(5), the specified officer may arrest the person.
If a specified officer arrests a person under subsection (1), the specified officer must forthwith take the person to the nearest police station and hand the person over to the custody of a police officer, and section 52 of the Police Force Ordinance (Cap. 232) is to apply.
This section applies if an authorized officer or specified officer has reason to believe that a person is committing or has committed an offence under section 18(2).
The authorized officer or specified officer may give the person a penalty notice in the specified form offering the person an opportunity to discharge the person’s liability for the offence by paying the fixed penalty within 21 days after the date on which the notice is given.
A penalty notice must be given by the authorized officer or specified officer personally to the person.
This section applies to a person who has been given a penalty notice for an offence under section 18(2).
Subject to section 9 of this Schedule, the person is not liable to be prosecuted or convicted for the offence if the person has paid the fixed penalty within 21 days after the date on which the penalty notice is given.
This section applies if—
a person—
has been given a penalty notice for an offence under section 18(2); and
fails to pay the fixed penalty within 21 days after the date on which the notice is given; or
a person refuses to accept a penalty notice intended to be given to the person for the offence.
The Authority may serve on the person a demand notice in the specified form—
demanding payment of the fixed penalty;
informing the person that the person must notify the Authority in writing if the person wishes to dispute liability for the offence; and
stating that the payment or notification must be made within 10 days after the date on which the demand notice is served.
A demand notice may not be served later than—
if subsection (1)(a) applies—6 months after the date on which the penalty notice is given; or
if subsection (1)(b) applies—6 months after the date on which the person refuses to accept the penalty notice.
A demand notice may be served by sending it by post to the person’s last known address.
A certificate of posting in the specified form purporting to be signed by or for the Authority is admissible in evidence in any proceedings under this Schedule.
Unless there is evidence to the contrary, it is presumed that—
the certificate of posting was signed by or for the Authority; and
the demand notice to which the certificate relates was duly served.
This section applies to a person on whom a demand notice has been served for an offence under section 18(2).
Subject to section 9 of this Schedule, the person is not liable to be prosecuted or convicted for the offence if the person has paid the fixed penalty within 10 days after the date on which the demand notice is served.
The Authority may withdraw a penalty notice given, or a demand notice served, for an offence under section 18(2)—
at any time before a recovery order is made; or
at any time before any proceedings for the offence commence.
If a penalty notice or demand notice is withdrawn—
the Authority must serve notice of the withdrawal on the person to whom, or on whom, the penalty notice or demand notice has been given or served; and
on application by the person, the Authority must refund, through the Director of Accounting Services, any amount paid for the fixed penalty.
If a penalty notice or demand notice is withdrawn, proceedings for the offence may only be commenced where—
the ground, or one of the grounds, on which the notice is withdrawn is that it contains incorrect information; and
the incorrect information was supplied by the person to whom, or on whom, the notice was given or served.
This section applies to a person on whom a demand notice has been served who—
fails to pay the fixed penalty in accordance with the notice; and
fails to notify the Authority in accordance with the notice that the person wishes to dispute liability for the offence.
On application made in the name of the Secretary for Justice and production of the documents specified in subsection (3), a magistrate must order the person to pay, within 14 days after the date of service of notice of the order—
the fixed penalty;
an additional penalty equal to the amount of the fixed penalty; and
$300 by way of costs.
The documents are—
a copy of the demand notice;
a certificate of posting relating to the demand notice under section 7(5) of this Schedule; and
a certificate under section 11 of this Schedule.
A magistrate must cause a notice of the recovery order to be served on the person against whom the order is made and the notice may be served by sending it by post to the person’s last known address.
An application may be made in the absence of the person and the Secretary for Justice may appoint a person or class of persons to make an application.
A certificate in the specified form stating the matters in subsection (2) and purporting to be signed by or for the Authority is admissible in evidence in any proceedings under this Schedule.
The matters are—
that the person specified in the certificate had not, before the date of the certificate, paid the fixed penalty;
that the person specified in the certificate had not, before the date of the certificate, notified the Authority that the person wished to dispute liability for the offence; and
that the address specified in the certificate was, on the date specified in the certificate in relation to the address, the person’s last known address.
Unless there is evidence to the contrary—
it is presumed that the certificate was signed by or for the Authority; and
the certificate is evidence of the facts stated in it.
This section applies to a person against whom a recovery order is made.
If the person has complied with the recovery order, the person is not liable to be prosecuted or convicted for the offence to which the order relates.
If the person fails to comply with the recovery order, the person—
is to be regarded, for the purposes of section 68 of the Magistrates Ordinance (Cap. 227), as having failed to pay the sum adjudged to be paid by a conviction; and
is liable to be imprisoned under that section.
A person against whom a recovery order is made may apply to a magistrate for review of the order.
An application must be made within 14 days after the date on which the recovery order first came to the personal notice of the applicant.
The applicant must give reasonable notice of the application to the Authority.
An application may be made in person or by counsel or solicitor.
For securing the attendance of witnesses and generally for conducting the proceedings, the magistrate has all the powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap. 227).
On application under section 13 of this Schedule, a magistrate may rescind a recovery order if satisfied that the demand notice did not come to the personal notice of the applicant without any fault of the applicant.
If the magistrate rescinds a recovery order, and the applicant wishes to dispute liability for the offence to which the order relates, the magistrate must give leave to that effect.
If the magistrate rescinds a recovery order, and the applicant does not wish to dispute liability for the offence to which the order relates, the magistrate—
must order the applicant to pay the fixed penalty within 10 days after the date of an order made under this paragraph; and
must order that, if the applicant fails to pay the fixed penalty within that period, the applicant must immediately pay—
the fixed penalty;
an additional penalty equal to the amount of the fixed penalty; and
$300 by way of costs.
Despite section 26 of the Magistrates Ordinance (Cap. 227), if a magistrate gives leave under subsection (2), proceedings may be commenced within 6 months after the date on which the magistrate gives the leave.
If the applicant fails to comply with the order under subsection (3)(b), the applicant—
is to be regarded, for the purposes of section 68 of the Magistrates Ordinance (Cap. 227), as having failed to pay the sum adjudged to be paid by a conviction; and
is liable to be imprisoned under that section.
If the applicant has complied with the order under subsection (3)(a) or (b), the applicant is not liable to be prosecuted or convicted for the offence to which the order relates.
This section applies if—
a person has notified the Authority in accordance with a demand notice that the person wishes to dispute liability for an offence under section 18(2); or
a person has been given leave under section 14(2) of this Schedule to dispute liability for an offence under section 18(2).
A summons issued in any proceedings against the person for the offence may be served on the person in accordance with section 8 of the Magistrates Ordinance (Cap. 227).
If—
in consequence of the notification or leave, the person appears in any proceedings in answer to a summons; and
the person is convicted of the offence after having offered no defence or a defence that is frivolous or vexatious,
the magistrate before whom the proceedings are heard must, in addition to any other penalty and costs, impose an additional penalty equal to the amount of the fixed penalty.
Any proceedings commenced against a person falling within subsection (1)(a) must terminate if the person pays in accordance with subsection (5)—
the fixed penalty;
an additional penalty equal to the amount of the fixed penalty; and
$500 by way of costs.
Payment under subsection (4) must be made at any magistrates’ court not less than 2 days before the day specified in the summons for the person’s appearance, and the summons must be produced at the time of the payment.
Neither a Saturday nor a public holiday may be included in the computation of the 2 days’ period mentioned in subsection (5).
At any time, a magistrate may for good cause, on application by the Authority, rescind—
an order for the payment of the fixed penalty; and
any other order made under this Schedule in the same proceedings.
(Schedule 9 added 11 of 2024 s. 17)