Hong Kong Ordinances

RABIES ORDINANCE - SECT 51

Regulations

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 65 of 1999 s. 3

(1) The Chief Executive in Council may make regulations with respect to-
(Amended 65 of 1999 s. 3)

   (a)  the control or prohibition of the possession, keeping, import, export
        or movement within Hong Kong, of animals, animal products and
        carcasses;

   (b)  the control or prohibition of the transhipment or removal of animals,
        animal products and carcasses from any conveyance arriving in Hong
        Kong and the keeping of the same while in transit in Hong Kong;

   (c)  the duties and obligations of keepers of animals including the
        prescription of minimum standards for the care and accommodation of
        animals;

   (d)  the keeping of animals under proper control;

   (e)  the identification of animals, by tattooing, certificate, the wearing
        of tags, or otherwise;

   (f)  the establishment and operation of quarantine centres;

   (g)  the detention of animals in quarantine centres under a system of
        quarantine;

   (h)  the establishment and operation of detention places and
        observation centres for the detention and observation of animals;

   (i)  the examination, testing, disinfection and treatment of animals;

   (j)  the vaccination of animals against rabies and the identification, by
        tattooing, certificate, the wearing of tags, or otherwise, of animals
        that have been vaccinated against rabies;

   (k)  the control or prohibition of shows, exhibitions, competitions, sales
        and other gatherings of animals;

   (l)  the control of the sale of animals;

   (m)  the control of animal boarding establishments and pet shops;

   (n)  the control of the bringing of animals into public places;

   (o)  the measures to be taken in the event of an outbreak of rabies within
        Hong Kong or outside Hong Kong, for the purpose of preventing the
        introduction of rabies into Hong Kong or preventing or controlling the
        spread of rabies within Hong Kong or outside Hong Kong;

   (p)  the confining of animals to any land or premises;

   (q)  the seizure, detention, forfeiture, destruction or other disposal of
        animals, animal products, carcasses, infectious articles and other
        things;

   (r)  the cleansing and disinfection of places used by rabid or suspected
        rabid animals and persons and things which may have come in contact
        with rabid or suspected rabid animals;

   (s)  the measures to be taken to secure the payment of fees and charges in
        respect of animals detained under this Ordinance including the payment
        of deposits or the execution of bonds;

   (t)  the recovery by the Government or by any authority of expenses
        incurred in enforcing or otherwise in connection with the regulations;

   (u)  appeals under section 40, and the practice and procedure of the
        Appeal Board;

        (v)    such other requirements for the purpose of eradicating or
               preventing the spread of rabies, as the Chief Executive in
               Council considers necessary; and (Amended 65 of 1999 s. 3)

   (w)  any matters associated with or connected with the matters specified in
        paragraphs (a) to (v).

(2) Regulations made under this section may-

   (a)  authorize the stopping of a conveyance by an authorized officer for
        the purposes of the regulations;

   (b)  provide that the owner of any land, premises or conveyance or the
        operator of any conveyance may be held to be vicariously liable for
        contraventions of the regulations;

   (c)  provide that the contravention of a term or condition of a licence or
        permit issued under the regulations constitutes an offence;

   (d)  provide that the burden of proof of any fact in any particular case
        shall lie upon the person charged;

   (e)  empower the Director to-

        (i)    amend any Schedule to the regulations;

        (ii)   attach to any licence or permit issued by him under this
               Ordinance or the regulations such reasonable conditions as
               appear to him to be necessary for regulating the activity in
               question;

        (iii)  require by notice published in the Gazette any class, genus or
               species of animal to be vaccinated against rabies;

        (iv)   issue directions regarding the vaccination of animals as
               required under the regulations;

        (v)    prescribe markings, collars, tags and certificates in respect
               of the vaccination of animals;

        (vi)   issue directions regarding the removal of animals and things
               from Hong Kong as required by the regulations;

        (vii)  specify the form of applications, licences and permits required
               to be used under the regulations;

   (f)  provide for an appeal to be made to the Appeal Board against any
        specified decision or action taken by the Director or an authorized 
        officer under the regulations;

   (g)  prescribe penalties for an offence not exceeding $50000 and
        imprisonment for 1 year.

(3) The Director may in writing, in such cases as he thinks fit and for such
period and subject to such conditions as he specifies, exempt any person or
class of persons from the application of any regulations made under this
section where he is satisfied that public or animal health will not be
endangered by such exemption.

(4) Notice of any exemption granted under subsection (3) may be published in
the Gazette. (Enacted 1992)