A dog, long forgotten by its owner on a small balcony, is barely alive due to a lack of sufficient food and care. However, under current legislation, enforcement officers often find it difficult to intervene unless there is direct evidence of “cruel treatment,” allowing tragedies to unfold before their eyes.

Such scenarios underscore that the Animal Cruelty Prevention Ordinance, established in Hong Kong in 1935 and amended in 2006, is severely outdated in relation to modern societal expectations for animal welfare. This old law, which focuses on punishing “cruel treatment,” is like a slow-reacting paramedic that only arrives after harm has occurred, unable to prevent injury before it happens.

In April 2019, the Hong Kong government took a historic step forward. The Agriculture, Fisheries and Conservation Department announced a three-month public consultation on significant amendments to the Animal Cruelty Prevention Ordinance. The consultation proposed three major reform directions, including the introduction of a proactive “duty of care” concept, strengthening provisions against animal cruelty, and enhancing enforcement powers.

This marks the potential transition of Hong Kong’s animal welfare policy from an era of “passive punishment” to a new era of “active protection.”

• Background and Core Significance of the Public Consultation

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

The 2019 public consultation received substantial 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 demonstrates 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 care for animals. This means 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), while protecting them from pain, disease, and injury. If those responsible fail to fulfil this duty, the government could issue improvement notices requiring corrections, and in severe cases, direct prosecutions may occur. This concept elevates the standard for animal protection from the minimum of “not being abused” to a proactive state of “enjoying welfare.”

Strengthening Provisions Against Animal Cruelty
To address the generally perceived inadequacy of deterrent penalties under current law, the government has proposed to strengthen penalties. The consultation document suggested that for serious offences of animal cruelty assessed through public prosecution, the maximum prison sentence could be increased to between 4 to 10 years, with fines potentially raised to between HK$200,000 and HK$2 million. Additionally,

it is recommended to authorise courts to revoke or permanently disqualify convicted individuals from owning animals.

Enhancing Enforcement Powers for Animal Welfare
To address the difficulties faced by enforcement officers in accessing private premises when animal abuse is suspected, the government has proposed granting authorised personnel the power to enter private premises for search without the owner’s consent when necessary. Upon discovering animals suffering or at risk of suffering, they may directly confiscate animals 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 procedures that cause harm (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 the analysis of the consultation document and expert opinions, to transform the good intentions of this amendment 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 basis.

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 not only serves to deter extreme cruel acts but also conveys a clear message to society that “animal abuse is a serious crime.” Additional penalties such as disqualification from animal ownership and the introduction of a compensation mechanism can achieve a fuller sense of justice.

Furthermore, enforcement agencies must be empowered and resourced adequately. 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 enough trained specialists to ensure the powers granted by law can be effectively executed.

Lastly, public education must proceed in tandem with legal reform. Changes in legislation 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 and fundamentally preventing negligence and abuse from occurring.

The 2019 public consultation opened a long-awaited door for animal welfare legal reform in Hong Kong. The government’s three main reform directions, especially 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 progress of the amendments and to actively voice their opinions. 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.