Dangerous Dogs Regulation

by Chief Executive in Council

Layout 2

L.N. 185 of 2000

DANGEROUS DOGS REGULATION

CONTENTS

Section

Page

PART I Preliminary
1.	Commencement ............................................................................................................................................................................................................................................................................................................	B1487
2.	Interpretation ............................................................................................................................................................................................................................................................................................................	B1487
PART II Control of Fighting Dogs
3.	Removal of fighting dogs from a conveyance arriving in Hong Kong ............................................................................................................................................................................................................................................................................................................	B1489
4.	Importation of fighting dogs ............................................................................................................................................................................................................................................................................................................	B1489
5.	Possession of fighting dogs ............................................................................................................................................................................................................................................................................................................	B1489
6.	Breeding of fighting dogs ............................................................................................................................................................................................................................................................................................................	B1491
7.	Fighting dogs entering or remaining in public places ............................................................................................................................................................................................................................................................................................................	B1491
8.	Identification of fighting dogs ............................................................................................................................................................................................................................................................................................................	B1491
PART III Control of Large Dogs
9.	Large dogs entering or remaining in public places ............................................................................................................................................................................................................................................................................................................	B1491
PART IV Control of Known Dangerous Dogs
10.	Classification as a known dangerous dog by magistrate’s orders ............................................................................................................................................................................................................................................................................................................	B1493
11.	Possession of known dangerous dogs ............................................................................................................................................................................................................................................................................................................	B1495
12.	Known dangerous dogs entering or remaining in public places ............................................................................................................................................................................................................................................................................................................	B1495
13.	Identification of known dangerous dogs ............................................................................................................................................................................................................................................................................................................	B1495
PART V Miscellaneous
14.	Power to give directions ............................................................................................................................................................................................................................................................................................................	B1497
15.	Appeal ............................................................................................................................................................................................................................................................................................................	B1497
16.	Classification of fighting dogs ............................................................................................................................................................................................................................................................................................................	B1497
17.	Certificate of classification ............................................................................................................................................................................................................................................................................................................	B1499
18.	Detention fee ............................................................................................................................................................................................................................................................................................................	B1499
19.	Amendment of Schedules ............................................................................................................................................................................................................................................................................................................	B1499
20.	Transitional provisions ............................................................................................................................................................................................................................................................................................................	B1501
Consequential Amendments
Administrative Appeals Board Ordinance
21.	Schedule amended ............................................................................................................................................................................................................................................................................................................	B1501

Schedule 1	Fighting Dogs ............................................................................................................................................................................................................................................................................................................	B1501
Schedule 2	Body Weight ............................................................................................................................................................................................................................................................................................................	B1503
Schedule 3	Detention Fee ............................................................................................................................................................................................................................................................................................................	B1503

DANGEROUS DOGS REGULATION

(Made by the Chief Executive in Council under section 3 of the Dogs and Cats Ordinance (Cap. 167) with the approval of the Legislative Council)

PART I
Preliminary

1. Commencement

This Regulation shall come into operation on a day to be appointed by the Secretary for Economic Services by notice in the Gazette.

2. Interpretation

In this Regulation, unless the context otherwise requires—

“fighting dog” (格鬥狗隻) means a dog of a type listed in Schedule 1;

“indoor public place” (戶內公眾地方) means any public place which is within a building;

“known dangerous dog” (已知危險狗隻) means a dog classified as a known dangerous dog by an order under section 10(1);

“large dog” (大型狗隻) means a dog having such body weight as is specified in Schedule 2 but does not include a fighting dog or a known dangerous dog;

“outdoor public place” (戶外公眾地方) means any public place which is not within a building but does not include any place in a country park or a special area within the meaning of the Country Parks Ordinance (Cap. 208);

“public place” (公眾地方) means—

(a) any place to which the public or a section of the public are entitled or permitted to have access—

(i) whether the place is the property of the Government or not; and

(ii) whether on payment or otherwise;

(b) any part of a building, a development or an estate to which all those occupying the building, the development or the estate are entitled or permitted to have access—

(i) whether the building, development or estate is the property of the Government or not; and

(ii) whether on payment or otherwise,

but does not include a building, a development or an estate which contains not more than one domestic premises;

“veterinary certificate” (獸醫證明書) means a certificate issued by a veterinary surgeon;

“veterinary surgeon” (獸醫) means a registered veterinary surgeon within the meaning of the Veterinary Surgeons Registration Ordinance (Cap. 529).

PART II
Control of Fighting Dogs

3. Removal of fighting dogs from a conveyance arriving in Hong Kong

(1) A person who removes or causes, suffers or permits to be removed a fighting dog from any conveyance arriving in Hong Kong commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

(2) Where subsection (1) is contravened, the owner and the operator of the conveyance from which the fighting dog is removed each commits an offence and each is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

4. Importation of fighting dogs

(1) A person who imports or causes, suffers or permits to be imported into Hong Kong a fighting dog commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

(2) Where subsection (1) is contravened, the owner and the operator of any conveyance in or on which the fighting dog was imported into Hong Kong each commits an offence and each is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

5. Possession of fighting dogs

(1) Subject to subsection (2), a person who is the keeper of a fighting dog commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

(2) The keeper of a fighting dog does not commit an offence under subsection (1) if he shows that there is a veterinary certificate certifying that the dog has been neutered.

6. Breeding of fighting dogs

A person who breeds or breeds from, or causes, suffers or permits to breed or breed from, a fighting dog commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

7. Fighting dogs entering or remaining in public places

A person who causes, suffers or permits a fighting dog to enter or remain in a public place—

(a) without the dog being securely fitted with a muzzle sufficient to prevent it from biting any person; or

(b) without it being securely held on a leash of not more than 1.5 m in length by a person not under the age of 16 years,

commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

8. Identification of fighting dogs

(1) The Director may, by notice published in the Gazette, require that a fighting dog shall be identified in such form and manner (including but not limited to the wearing of a collar and the implanting of any device) as is specified in the notice.

(2) Where a fighting dog is not identified in accordance with a notice published under subsection (1), the keeper of the dog commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

(3) For the avoidance of doubt, it is hereby declared that a notice under subsection (1) is subsidiary legislation.

PART III
Control of Large Dogs

9. Large dogs entering or remaining in public places

(1) A person who causes, suffers or permits a large dog to enter or remain in an indoor public place—

(a) without the dog being securely fitted with a muzzle sufficient to prevent it from biting any person; or

(b) without it being securely held on a leash of not more than 1.5 m in length by a person not under the age of 16 years,

commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months.

(2) A person who causes, suffers or permits a large dog to enter or remain in an outdoor public place without the dog being securely held on a leash of not more than 2 m in length by a person not under the age of 16 years commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months.

PART IV
Control of Known Dangerous Dogs

10. Classification as a known dangerous dog by magistrate’s orders

(1) Without prejudice to the power of a magistrate under section 5 of the Ordinance but subject to subsection (2), a magistrate may, upon an application made in that behalf, by order classify a dog as a known dangerous dog.

(2) No order shall be made under subsection (1) unless the magistrate is satisfied that—

(a) a person has died or suffered serious bodily injury as a result of any bite or attack inflicted by the dog, whether in a public place or not, in the absence of provocation of any form;

(b) a domestic animal has died or suffered serious bodily injury as a result of any bite or attack inflicted by the dog, whether in a public place or not, in the absence of provocation of any form; or

(c) the dog has a history of repeatedly attacking people or otherwise putting people in fear, whether in a public place or not, in the absence of provocation of any form.

(3) For the purposes of subsection (2)—

(a) a person suffers serious bodily injury if he suffers any bodily injury of a kind which results in his being admitted to a hospital for treatment as an in-patient;

(b) a domestic animal suffers serious bodily injury if it suffers any bodily injury of a kind which results in—

(i) its being admitted to a veterinary clinic or hospital for surgery under general anaesthesia; or

(ii) its being destroyed on animal welfare grounds,

by a veterinary surgeon.

11. Possession of known dangerous dogs

(1) Subject to subsection (2), a person who is the keeper of a known dangerous dog after the expiry of 90 days from the date of the order made under section 10(1) in respect of the dog commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months.

(2) The keeper of a known dangerous dog does not commit an offence under subsection (1) if he shows that there is a veterinary certificate certifying that the dog has been neutered.

12. Known dangerous dogs entering or remaining in public places

A person who causes, suffers or permits a known dangerous dog to enter or remain in a public place—

(a) without the dog being securely fitted with a muzzle sufficient to prevent it from biting any person; or

(b) without it being securely held on a leash of not more than 1.5 m in length by a person not under the age of 16 years,

commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months.

13. Identification of known dangerous dogs

(1) The Director may, by notice published in the Gazette, require that a known dangerous dog shall be identified in such form and manner (including but not limited to the wearing of a collar and the implanting of any device) as is specified in the notice.

(2) Where a known dangerous dog is not identified in accordance with a notice published under subsection (1), the keeper of the dog commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months.

(3) For the avoidance of doubt, it is hereby declared that a notice under subsection (1) is subsidiary legislation.

PART V
Miscellaneous

14. Power to give directions

(1) For the purposes of the Ordinance or this Regulation, an authorized officer may, by notice in writing, direct the keeper of a dog to—

(a) present the dog for weighing or inspection or both at such place and in such manner as may be specified in the direction;

(b) deliver the dog for detention at such place, in such manner and for such period of detention as may be specified in the direction;

(c) confine the dog to such place, in such manner and for such period as may be specified in the direction;

(d) control or restrain the dog while it is in a public place or in any other place from which it may reasonably be expected to enter a public place by such measures as may be specified in the direction.

(2) The keeper of a dog who fails to comply within a reasonable time with a direction given to him under subsection (1) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 3 months.

15. Appeal

(1) A person who is aggrieved by a direction given by an authorized officer in respect of him under section 14 may, within 28 days after receiving notice of the direction, appeal to the Administrative Appeals Board.

(2) An appeal under this section shall not affect the operation of the direction that is appealed against, unless the Director decides otherwise and the notice of the direction contains a statement to that effect.

16. Classification of fighting dogs

(1) In the absence of any previous determination in respect of a dog by the Board upon application to it under section 17, an authorized officer may at any time, by notice in writing, notify the keeper of the dog whether the dog is classified as a fighting dog for the purposes of this Regulation.

(2) (a) Subject to paragraph (b), where a dog is classified as a fighting dog pursuant to subsection (1), the dog shall be regarded as a fighting dog for the purposes of this Regulation.

(b) Where an application is made under section 17 for determination in respect of a dog which is classified as a fighting dog pursuant to subsection (1), the dog shall cease to be regarded as a fighting dog for the purposes of this Regulation as from the day on which the Director receives notice of the application by virtue of section 17, until the application has been disposed of, withdrawn or abandoned.

17. Certificate of classification

(1) (a) Where a dog is classified as a fighting dog pursuant to section 16(1), the keeper of the dog may within 14 days after receiving notice of the classification, by notice in writing served on the Director, apply to the Board for a determination as to whether the dog is a fighting dog.

(b) In the absence of any previous determination in respect of a dog by the Board upon application to it under this section, an authorized officer may at any time, by notice in writing served on the Director, apply to the Board for a determination as to whether the dog is a fighting dog.

(2) The Director shall, within 7 days after receiving a notice of an application by virtue of subsection (1), forward the notice to the Chairman of the Board.

(3) Where any question arises in any proceedings (including proceedings before the Administrative Appeals Board) under the Ordinance or this Regulation as to whether a dog is a fighting dog, a certificate purporting to be signed by a person as the Chairman of the Board stating any fact relating to that question shall, for the purposes of those proceedings, be admissible in evidence on its production and be conclusive evidence of that fact.

18. Detention fee

The detention fee payable by the keeper of a dog to the Director in respect of the detention of the dog under the Ordinance or this Regulation shall be at the rate specified in Schedule 3.

19. Amendment of Schedules

The Secretary may, by notice published in the Gazette, amend the Schedules.

20. Transitional provisions

(1) Notwithstanding anything to the contrary in this Regulation, a person shall not be liable under section 5 solely because he is the keeper of an existing fighting dog during the transitional period.

(2) (a) Where during the transitional period the keeper of an existing fighting dog surrenders the dog to the Director for destruction under the Ordinance, the Director may, subject to paragraph (b), pay to the keeper a sum of $3,000 in respect of the surrender of the dog.

(b) No payment shall be made pursuant to paragraph (a) in respect of an existing fighting dog unless immediately before the commencement of this Regulation—

(i) the dog is present in Hong Kong; and

(ii) the keeper holds a valid licence granted under section 19A of the Rabies Regulation (Cap. 421 sub. leg.) in respect of the dog.

(3) Any sum payable under subsection (2) shall be a charge on and payable out of the general revenue.

(4) In this section, “transitional period” (過渡期) means the period of 120 days from the commencement of this Regulation.

Consequential Amendments

Administrative Appeals Board Ordinance

21. Schedule amended

The Schedule to the Administrative Appeals Board Ordinance (Cap. 442) is amended by adding—

“44. Dangerous Dogs Regulation (L.N. 185 of 2000)

A direction by an authorized officer under section 14 of the Regulation.”.

Fighting Dogs

1. Any dog of the type known as the Pit Bull Terrier.

2. Any dog of the type known as the Japanese Tosa.

3. Any dog of the type known as the Dogo Argentino.

4. Any dog of the type known as the Fila Braziliero.

5. Any dog which is a cross involving the breed of any dog of a type set out in any of the above sections.

---

Body Weight

20 kg or above.

---

Detention Fee

$120 for each day or part of a day during which a dog is detained under the Ordinance or this Regulation.

Mable CHAN
Clerk to the Executive Council

Council Chamber
15 June 1999

Explanatory Note

This Regulation is made under the Dogs and Cats Ordinance (Cap. 167) to provide for the control and regulation of dangerous dogs.

2. Part I provides for preliminary matters including commencement of the Regulation (section 1) and definitions under the Regulation (section 2).

3. Part II (sections 3 to 8) deals with the control of fighting dogs (as defined in section 2)—

(a) section 3 creates offences in relation to the removal of fighting dogs from a conveyance;

(b) sections 4 to 6 create offences in relation to the importation and breeding of a fighting dog, and to the possession of a fighting dog without it being neutered;

(c) section 7 creates an offence in relation to causing, suffering or permitting a fighting dog to enter or remain in public places without it being muzzled and held on a leash;

(d) section 8 provides for identification of a fighting dog.

4. Part III (section 9) deals with the control of large dogs (as defined in section 2). It creates an offence in relation to causing, suffering or permitting a large dog to enter or remain in indoor public places without it being muzzled and held on a leash or to enter or remain in outdoor public places without it being held on a leash.

5. Part IV (sections 10 to 13) deals with the control of known dangerous dogs (as defined in section 2)—

(a) section 10 provides that a magistrate may by order classify a dog as a known dangerous dog on application to him showing that the dog has killed or inflicted serious bodily injury on a person or a domestic animal without provocation or otherwise has a history of repeatedly attacking people or putting people in fear;

(b) section 11 creates an offence in relation to the possession of a known dangerous dog without it being neutered;

(c) section 12 creates an offence in relation to causing, suffering or permitting a known dangerous dog to enter or remain in public places without it being muzzled and held on a leash;

(d) section 13 provides for identification of a known dangerous dog.

6. Part V (sections 14 to 21) provides for miscellaneous matters including directions by an authorized officer, appeals in respect of such directions to the Administrative Appeals Board and classification of fighting dogs by authorized officers and the Dogs and Cats Classification Board. Section 20 also provides for transitional arrangements, so that during the transitional period of 120 days from the commencement of the Regulation, possession of a fighting dog licensed before commencement of the Regulation will not be an offence, and a sum of $3,000 may be payable by the Director of Agriculture and Fisheries in respect of the surrender of any such fighting dog. Section 21 makes a consequential amendment to the Administrative Appeals Board Ordinance (Cap. 442).

7. Schedule 1 sets out the types of dogs which under section 2 are to be classified as a fighting dog for the purposes of the Regulation, Schedule 2 specifies the body weight of large dogs, while Schedule 3 sets out the rate of detention fees payable for the detention of a dog under the Ordinance or the Regulation.