Hong Kong Ordinances

PREVENTION OF CRUELTY TO ANIMALS ORDINANCE - SECT 4

Power of arrests, seizure, entry and search

(Past version on 30/06/1997).

(1) Any senior veterinary officer, any other officer of the Agriculture,
Fisheries and Conservation Department of the grade of Field Officer II and
above and authorized in writing by the Director of Agriculture, Fisheries and
Conservation, health officer, health inspector or police officer may arrest
without warrant any person who he has reason to believe is guilty of an
offence against section 3 or against any regulation under this Ordinance,
whether upon his own view thereof or upon the complaint and information of any
other person. Any such other person shall declare his name and place of abode
to any such officer or inspector. (Amended 53 of 1979 s. 4; L.N. 331 of 1999)

(1A) (a) Any person (hereinafter referred to as an arrested person) who is
arrested under this section by a person other than a police officer, shall
forthwith be taken to the nearest police station or given into the custody of
a police officer.

   (b)  Whenever an arrested person is brought to a police station the
        provisions of section 52 of the Police Force Ordinance ( Cap 232)
        shall apply.

   (c)  Whenever an arrested person is given into the custody of a police
        officer the provisions of sections 51 and 52 of the Police Force 
        Ordinance ( Cap 232) shall apply. (Added 53 of 1979 s. 4)

(2) Any animal, conveyance or article concerning or by which any such offence
has been committed may be seized by any such officer or inspector and taken to
a police station or to any convenient place, and there kept, unless given up
sooner by order of a magistrate, until the charge is decided in due course of
law.

(3) Any such officer or inspector may stop in any street or public place and
examine any animal in respect of which he suspects that an offence has been
committed under section 3.

(4) Any senior veterinary officer, health officer, health inspector or police
officer may enter and search any building, vehicle, train, tram, aircraft or
vessel in or on board of which such officer or inspector may have reason to
suspect that any offence against any of the provisions of this Ordinance or of
any regulation made thereunder is being or has been committed. (Amended 53 of
1979 s. 4; 80 of 1997 s. 102) (Amended 30 of 1960 Eighth Schedule)