Lin Sai-kau v. The Queen

CACC000782/1976

IN THE HIGH COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 782 OF 1976

-----------------

-----------------

Coram: Cons J.

Date of Judgment: 18th August, 1976.

-----------------

JUDGMENT

-----------------

1. The appellant was charged with an offence against the Prevention of Cruelty to Animals Ordinance (Cap. 169) and one for failing to have licences for his dogs. He had twenty-three dogs, which he kept in cages far too small. He was not in a position properly to care for them. Many were in poor condition and sick. He pleaded guilty to both charges. In addition to imposing fines the learned magistrate ordered the dogs to be confiscated.

2. The appellant promises to obtain better accommodation for the dogs with a friend, but what he describes seems to me only a little better than before. Then he earns only a small salary as a care-taker. This can hardly be enough to feed himself and that number of dogs adequately. Thus the order of the magistrate was sensible. However, the law does not give the magistrate the power to make that order. It empowers him only to order that the dogs be removed and detained for a period of time: sec.5(1). That period may be limited by reference to recovery of health: sec 5(2). I propose, therefore, to substitute for the order of the magistrate an order that each and every one of the twenty-three dogs be detained in the Government Kennel until they recover full health and so certified by a senior veterinary officer

Representation:

Appellant in person.

William Li, Crown Counsel, for the Respondent.