In 2019, the Hong Kong government launched a public consultation on revising the Animal Cruelty Prevention Ordinance. One of the revolutionary core proposals was the introduction of a proactive “duty of care.” This represents not just an adjustment of legal provisions, but a conceptual revolution in animal welfare shifting from “after-the- fact punishment” to “preemptive protection.”

According to a report titled “Review of Hong Kong Animal Protection Legislation” published in 2010 by the University of Hong Kong Law Department in collaboration with the Hong Kong Society for the Prevention of Cruelty to Animals, the existing laws have fundamental flaws: they only intervene after an animal has been injured and cannot protect animals from impending suffering. This has left countless animals suffering in the grey area of “negligent care” until their health collapses.

In 2019, the government formally responded to this systemic deficiency. In its reply to the Legislative Council in June, it stated clearly that it was engaged in a consultation to enhance animal welfare, which included the introduction of a “duty of care” for animal guardians. This marks a historic opportunity for Hong Kong’s animal welfare policy to evolve from passive punishment to active construction.

• Background and Core Significance of the Public Consultation

The background of this public consultation arises from the growing societal concern for animal welfare. The Agriculture, Fisheries and Conservation Department explicitly pointed out in the consultation announcement that both pet owners and animal welfare groups have expressed a desire for the government to review the laws, not only to reduce unnecessary suffering but also to require those responsible for animals to take proactive measures to meet their welfare needs.

The 2019 public consultation garnered significant attention and support from the community. Reports indicated that thousands of written opinions were submitted, with nearly 90% expressing support for legislative amendments. This clearly shows that enhancing animal welfare has become a strong societal consensus.

The key aspect of the consultation lies in the government’s proposed directional shift: moving from merely prohibiting and punishing “cruel treatment” to requiring proactive and proper care for animals. This implies that the focus of the law will shift from punishment after the fact to responsibility and prevention beforehand.

• Progressive Analysis of the Three Key Amendment Directions

The government’s proposed amendments centre around three core directions, each addressing critical deficiencies in the current legislation.

Introducing a Proactive “Duty of Care”
This is the most fundamental and revolutionary change in this amendment. The core idea is that those responsible for animals (including owners and temporary caretakers) must take proactive measures to ensure that animals receive proper nutrition, living conditions, and behavioural care (including social needs), thereby protecting them from pain, disease, and injury. If those responsible fail to fulfil this duty, the government may issue improvement notices requiring corrections, and in severe cases, prosecution may occur. This concept elevates animal welfare from the minimum standard of “not being abused” to a proactive state of “enjoying welfare.”

Strengthening Provisions Against Animal Cruelty
To address the inadequacy of deterrent penalties under the current law, the government has proposed strengthening penalties. The consultation document suggests that for serious offences of animal cruelty assessed through public prosecution, the maximum prison sentence could be raised to between 4 to 10 years, and fines could potentially increase to between HK$200,000 and HK$2 million. Additionally, it is recommended that courts be authorised to revoke or permanently disqualify convicted individuals from owning animals.

Enhancing Enforcement Powers for Animal Welfare
To address the challenges faced by enforcement officers when suspecting animal abuse, the government has proposed granting authorised personnel the power to enter private premises for searches without the owner’s consent when necessary. When animals are found to be suffering or at risk of suffering, they may be directly seized to ensure their welfare.

• In-Depth Recommendations from Professional Institutions: From Direction to Detail

The Hong Kong Society for the Prevention of Cruelty to Animals, as a key stakeholder in animal welfare, welcomes and supports the government’s legislative direction, offering more specific and detailed professional recommendations.

Raising Penalties to a Deterrent Level
Although the government has proposed increasing penalties, the Society explicitly recommends that the maximum penalty for animal abuse be raised to 10 years’ imprisonment and a fine of HK$2 million to achieve a genuine deterrent effect.

Expanding the Scope of the “Duty of Care”
The Society suggests that the act of abandoning animals should be clearly included as a violation of the “duty of care.” Furthermore, actions such as releasing animals into inappropriate environments, performing unnecessary harm-inducing procedures (such as tail docking or declawing), and poisoning animals should also be clearly defined as abuse or prohibited in the new legislation.

Establishing a More Comprehensive Law Enforcement and Judicial Framework
The Society recommends establishing an “on-the-spot fine” mechanism to handle minor violations and introducing a compensation system requiring convicted individuals to pay for the treatment and care of the affected animals. Concurrently, the current six- month prosecution time limit should be extended, and training for enforcement officers, prosecutors, and judges should be strengthened to ensure the new laws are effectively implemented.

• The Path Forward: Specific Appeals to the Government and Public

Based on an analysis of the consultation document and expert opinions, to transform this legislative goodwill into effective tools for animal protection, we believe it is essential to focus on several key points.

First, clear and high-standard legal criteria for animal welfare must be established. The “duty of care” cannot remain at a purely principled level. The government should reference overseas experiences to formulate and publish a specific “Animal Welfare Practice Code” that clearly defines the basic needs of different animals in terms of diet, environment, health, and behaviour, allowing responsible individuals to have clear guidelines and enforcement officers to have lawful grounds.

Second, penalties must genuinely correspond to the severity of the offences. We support raising the maximum penalty to 10 years’ imprisonment and a fine of HK$2 million, which serves not only to deter extreme cruel acts but also to convey a clear message to society that “animal abuse is a serious crime.” Additional penalties such as revoking ownership rights and introducing compensation mechanisms can achieve a fuller sense of justice.

Furthermore, enforcement agencies must be empowered and adequately resourced. The powers of search and emergency seizure of animals are essential tools for rescuing animals from immediate danger. At the same time, the government must equip the Agriculture, Fisheries and Conservation Department and the police with adequate trained personnel to ensure the law’s powers can be effectively executed.

Lastly, public education must proceed in tandem with legal reform. Changes in laws require aligned shifts in social attitudes. The government should initiate large-scale public education campaigns to clearly explain the meaning and importance of the “duty of care,” teaching citizens how to be responsible pet owners to fundamentally prevent negligence and abuse.

The 2019 public consultation opened a long-awaited door for animal welfare legal reform in Hong Kong. The government’s three main reform directions, particularly the introduction of the “duty of care,” signify an opportunity to bid farewell to a punitive- focused outdated law and welcome a modern animal welfare law centred on prevention and protection.

However, there remains a long and critical path from “consultation proposals” to “effective laws.” The details of the amendments will determine their ultimate effectiveness. We urge the government to uphold the highest standards and adopt professional advice when collecting consultation opinions and drafting legislation, ensuring a rigorous, comprehensive, and forward-looking law is established.

At the same time, we also call on every citizen who cares about animal welfare to continue monitoring the amendments’ progress and to actively express their views. The advancement of the law ultimately relies on the driving force of societal consensus. Let us seize this historic opportunity together and advance Hong Kong’s animal welfare towards a truly civilised and compassionate new era.