Public Opinion has Gathered; When Will the Barriers be Broken? — On the Opportunities and Challenges of Amending the Prevention of Cruelty to Animals Ordinance

Policy Report: March 2016

Animal Policy Research Department

The Hong Kong Foundation of the Prevention of Animal Abuse (APRD, HKFPAA)

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Animal Policy Research Department

The Hong Kong Foundation Of The Prevention Of Animal Abuse (APRD, HKFPAA)


A skeletal stray dog is chained in a corner of a parking lot without any water nearby. This scene, captured by a citizen and widely circulated online, sparked public outrage. However, when law enforcement arrived, they might ultimately only be able to issue a verbal warning to the owner, due to difficulties in confirming evidence and intent.

Such heartbreaking and helpless scenes are everyday reflections of the legal quagmire surrounding animal protection in Hong Kong. Enacted in 1935 and revised in 2006, the Prevention of Cruelty to Animals Ordinance primarily focuses on punishing extreme “cruel acts” and often struggles to address more common issues such as neglect, psychological abuse, or long-term deprivation of welfare.

In 2016, the call from society for a comprehensive review and significant amendment of this outdated law has evolved from professional advocacy by animal welfare groups into a strong civic demand that transcends social strata and backgrounds. A grassroots movement for legislative amendment has taken shape, but the legislative procedures and political realities that lie ahead still need to be clearly seen and overcome.

  • Social Consensus: Why Has Legal Amendment Become an Irreversible Mainstream Public Demand?

    The call for legal amendment reached new heights in 2016 not by chance, but as an inevitable result of various social forces converging.

    Firstly, the awakening of public awareness and the change in pet ownership culture are fundamental drivers. With the increasing number of households having companion animals, many citizens now consider animals as family members. The understanding of animal welfare in society has transcended the basic “no abuse” threshold, advancing to the demand to ensure animals have proper diet, environment, medical care, and the right to express their natural behaviors. Current laws have created a serious disconnect with these progressive social values.

    Secondly, a series of shocking abuse cases magnified by the media and the internet continue to trigger public outrage. Each time a brutal case occurs and the perpetrator receives only a nominal fine or community service order, public frustration and anger intensify. The perceived lack of deterrence in the law is widely seen as condoning such crimes. As groups like the Hong Kong Animal Advocates have long pointed out, the current laws have significant shortcomings in protecting animals from suffering.

    Furthermore, a diverse coalition of advocates has formed. This coalition includes not just traditional animal welfare organizations but also legal professionals, scholars, veterinarians, teachers, artists, and thousands of ordinary citizens. Through petitions, street stalls, artistic creations, and social media mobilization, they have disseminated calls for legal amendment to every corner of society, creating compelling public pressure.
  • Core Demands: What Kind of New Law Does Society Require?

    Behind the strong social consensus is a clear expectation for a shift in the legal paradigm. Public sentiment calls not simply for “harsher punishments” but rather for an “Animal Welfare Law” that is progressive and reflective of contemporary values.

    The foremost demand is the introduction of “due diligence.” The public insists on clear legal provisions that anyone responsible for animals—be it owners, breeders, or sellers—must actively take reasonable measures to ensure the welfare of the animals, including providing adequate food, environment, medical care, and care. This would shift the legal focus from punitive actions after the fact to proactive prevention and positive safeguards.

    Secondly, there is a call to significantly increase penalties and introduce effective ancillary punishments. Society generally views the current maximum penalty of three years’ imprisonment and a fine of HK$200,000 as disproportionate to the severity of abuse and the harm it inflicts on society. Public demand is strong for increasing the terms of imprisonment and introducing “disqualification orders” to prevent repeat offenses.

    Finally, the demand includes broadening the scope of protection to close legal loopholes. This involves explicitly criminalising acts of psychological abuse, abandonment, improper “release,” and inhumane breeding, as well as granting law enforcement personnel the power to enter premises in emergency situations to rescue animals.
  • Legislative Barriers: Why Has Consensus Not Translated into Legal Action?

    Despite the overwhelming public sentiment, the path to translating this consensus into legal provisions remained fraught with obstacles in 2016. Key barriers exist at several levels:

    First, the inertia of administrative processes and competing priorities. In legislative agendas, bills related to economic development, land housing, and political reform often take precedence. Although there is a public foundation for animal welfare amendments, the lack of a strong policy bureau within the government to push them forward risks marginalizing them amid a large legislative agenda, trapping them in a cycle of “ongoing research.” As far back as 2011, members of the Legislative Council had proposed debates on amendments, but progress has been slow.

    Second, the potential clash of stakeholder interests and perceptions. Legislative amendments—particularly those introducing “due diligence” and raising standards for breeding and sales—are likely to impact the existing operational models and interests of related industries (such as pet breeding, selling, and certain animal farms). While these interest groups may not openly oppose the changes, they might express “concerns” through various channels, complicating the legislative process. Additionally, there remains a faction in society that views animals as “property” rather than subjects entitled to rights, which offers an invisible resistance.

    Third, the complexity of legal technicalities and resource allocation. Drafting an entirely new animal welfare law centered on “due diligence” is an immensely complex legal undertaking. It involves a comprehensive review of existing legislation, comparative studies of international laws, scientific definitions of welfare standards for different species, and the design of new enforcement mechanisms. Whether the government is willing to allocate sufficient resources for legal drafting and policy research presents a major test.
  • Path to Breaking Barriers: Unite Forces to Promote Institutional Change

    In facing these barriers, civil society must not merely voice their concerns but take more rational and strategic actions to convert public pressure into leverage for institutional change. We propose the following actionable suggestions:

    First, advocate for the establishment of an “Animal Welfare Law Amendment Subcommittee” within the Legislative Council. This represents an important step toward institutionalising social pressure. We should unite to support legislators advocating for amendments, facilitating the establishment of a dedicated subcommittee under the relevant Legislative Council committees. This subcommittee can continuously monitor governmental progress, hold public hearings to gather expert opinions, and initiate research on specific directions for amendments, transforming passive waiting into active promotion.

    Second, conduct high-quality, localized legislative blueprint studies. Instead of waiting for the government, civil society should take the initiative. The foundation could collaborate with legal scholars, veterinarians, and animal behavior experts to draft a detailed “Hong Kong Animal Welfare Act (Proposed Draft).” This draft should include specific provisions, enforcement mechanism recommendations, and cost impact assessments, providing a ready-to-use, high-quality technical solution for legislation and lowering the legislative threshold for the government.

    Third, build a broader cross-sector advocacy coalition. Connect the demands for legislative change with other social values, for example: explaining to public health experts the importance of proper animal welfare management in preventing zoonotic diseases; illustrating to educators the value of humane education in fostering empathy among youth; and arguing to urban planners the contributions of animal-friendly policies to building liveable communities. Expanding the foundation of the coalition can enhance the persuasiveness of the call for amendment.

    Fourth, initiate a sustained, data-driven public advocacy campaign. Systematically compile cases that have not found justice due to legal loopholes and produce an annual report. Through clear data and real stories, continually showcase to the public, media, and government the failures of the old laws and the urgency of new legislation. The advocacy should transcend emotional reactions to single incidents and shift towards evidence-based, enduring rational persuasion.

    In 2016, the social consensus on amending the Prevention of Cruelty to Animals Ordinance in Hong Kong has hardened like rock, a result of the efforts of tens of thousands of citizens who have accumulated moral conviction and action over many years. The lag of the law continues to tarnish the reputation of this city’s civilisation.

    Barriers certainly exist, but they are not insurmountable. The barriers fear strategic and well-organised movements, solid proposals, and persistent efforts. We call upon the SAR government to acknowledge this powerful public sentiment and decisively prioritize legislative work on the agenda; we further urge every citizen concerned about animal welfare to convert their attention into sustained civic action.

    Public opinion has become a torrent; what is now needed is the political will and wisdom to open the floodgates of law. Let us work together to ensure that 2016 is not merely another “year of calls for legislative amendment,” but a pivotal turning point towards a new era of animal welfare law in Hong Kong.