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OFFICIAL RECORD of PROCEEDINGS Wednesday, 27 October 2010 the Council Met at Eleven O'clock

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OFFICIAL RECORD of PROCEEDINGS Wednesday, 27 October 2010 the Council Met at Eleven O'clock LEGISLATIVE COUNCIL ─ 27 October 2010 571 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 27 October 2010 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, S.B.S., J.P. DR THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. 572 LEGISLATIVE COUNCIL ─ 27 October 2010 THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE LI FUNG-YING, S.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT DR THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE CHEUNG HOK-MING, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S., J.P. LEGISLATIVE COUNCIL ─ 27 October 2010 573 THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG PROF THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE KAM NAI-WAI, M.H. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE STARRY LEE WAI-KING, J.P. DR THE HONOURABLE LAM TAI-FAI, B.B.S., J.P. THE HONOURABLE CHAN HAK-KAN THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. THE HONOURABLE CHAN KIN-POR, J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG SING-CHI THE HONOURABLE WONG KWOK-KIN, B.B.S. THE HONOURABLE IP WAI-MING, M.H. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. DR THE HONOURABLE PAN PEY-CHYOU THE HONOURABLE PAUL TSE WAI-CHUN DR THE HONOURABLE SAMSON TAM WAI-HO, J.P. 574 LEGISLATIVE COUNCIL ─ 27 October 2010 THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE TANYA CHAN THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN MEMBERS ABSENT: THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. DR THE HONOURABLE LEUNG KA-LAU PUBLIC OFFICERS ATTENDING: THE HONOURABLE HENRY TANG YING-YEN, G.B.M., G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY THE HONOURABLE STEPHEN LAM SUI-LUNG, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS PROF THE HONOURABLE K C CHAN, S.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE EVA CHENG, J.P. SECRETARY FOR TRANSPORT AND HOUSING LEGISLATIVE COUNCIL ─ 27 October 2010 575 THE HONOURABLE MRS RITA LAU NG WAI-LAN, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT MR GREGORY SO KAM-LEUNG, J.P. UNDER SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT MS JULIA LEUNG FUNG-YEE, J.P. UNDER SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY MR YAU SHING-MU, J.P. UNDER SECRETARY FOR TRANSPORT AND HOUSING MISS ADELINE WONG CHING-MAN, J.P. UNDER SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS CLERKS IN ATTENDANCE: MS PAULINE NG MAN-WAH, SECRETARY GENERAL MRS VIVIAN KAM NG LAI-MAN, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 576 LEGISLATIVE COUNCIL ─ 27 October 2010 TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Double Haven and Others (Special Areas) Order 2010..... 137/2010 Admission and Registration (Amendment) Rules 2010 (Commencement ) Notice ...................................... 138/2010 Other Papers No. 14 ─ Construction Workers Registration Authority Annual Report 2009-10 No. 15 ─ Electrical and Mechanical Services Trading Fund Annual Report 2009/10 No. 16 ─ Companies Registry Trading Fund Annual Report 2009-10 No. 17 ─ Traffic Accident Victims Assistance Fund Annual Report for the year from 1 April 2009 to 31 March 2010 No. 18 ─ Fish Marketing Organization Audited financial statements and the Auditor's report for the year ended 31 March 2010 No. 19 ─ Vegetable Marketing Organization Audited financial statements and the Auditor's report for the year ended 31 March 2010 No. 20 ─ Marine Fish Scholarship Fund Audited financial statements, the Trustee's report and the Auditor's report for the year ended 31 March 2010 LEGISLATIVE COUNCIL ─ 27 October 2010 577 No. 21 ─ Agricultural Products Scholarship Fund Audited financial statements, the Trustee's report and the Auditor's report for the year ended 31 March 2010 No. 22 ─ Office of the Telecommunications Authority Trading Fund Report 2009/10 No. 23 ─ Hong Kong Post Annual Report 2009/10 WRITTEN ANSWERS TO QUESTIONS Protection of Animal Rights 1. MR PAUL TSE (in Chinese): President, it was reported earlier that a batch of 18 bulldogs were suspected to have been kept for breeding for years in an animal breeding facility and had been abandoned after they were no longer suitable for breeding. As those dogs lacked exercise and were confined in a very crowded environment for a prolonged period, most of them had developed health problems, and several of them had to be euthanized as a result. Regarding the protection of animal rights, will the Government inform this Council: (a) of the respective number of complaints received by the Government in each of the past three years that involved suspected illegal breeding of cats and dogs or cruelty to such animals at animal breeding facilities, and among them, the number of complaints in which prosecutions were instituted; if prosecution was not instituted, of the reasons for that; (b) how the law-enforcement departments can effectively invoke the existing relevant animal rights protection legislation to prosecute the responsible persons of the animal breeding facilities or pet shops involved in excessive breeding of cats and dogs as well as cruelty to animals, and to deter such unlawful acts; (c) whether the authorities had, in past two years, reviewed if the relevant animal rights protection legislation is outdated, so as to 578 LEGISLATIVE COUNCIL ─ 27 October 2010 ensure the prevention of cruelty to various types of common pets or domestic animals; and (d) whether the authorities will formulate appropriate measures (for example, implementing an animal healthcare voucher scheme, and so on) to encourage the public to complement the proposal put forward in the Policy Address delivered by the Chief Executive on the 13th of this month for enhancing adoption services for stray cats and dogs; and give priority to considering solving the problem of stray cats and dogs by arranging adoption services through the Society for the Prevention of Cruelty to Animals and other voluntary organizations? SECRETARY FOR FOOD AND HEALTH (in Chinese): President, over the years, the Government has adopted a three-pronged strategy comprising education, publicity and law enforcement to raise public awareness of animal rights. Cruelty to animals is unlawful. Under the Prevention of Cruelty to Animals Ordinance (Cap. 169), cruelty to animals includes the act of cruelly beating, kicking, ill-treating, torturing, infuriating or terrifying animals, thus causing unnecessary suffering to them. Other forms of cruelty to animals also include carrying animals or holding them in captivity in an improper manner. While excessive breeding is not an offence under the existing legislation, prosecution will be taken out when there is sufficient evidence to prove that a person is involved in cruelty to animals in the process of animal breeding. There have been successful prosecutions in the past. Our reply to the various parts of the question is as follows: (a) The Government received 190, 187 and 157 complaints and reports of suspected cruelty to animals in 2007, 2008 and 2009 respectively, showing a slight downward trend. There were 18 persons prosecuted in each of 2007 and 2008 and nine in 2009. Given that stray cats and dogs are usually involved in such cases, law-enforcement officers unavoidably encounter greater difficulty in collecting and adducing evidence. However, they have been making their best endeavours to bring to justice those who committed an offence relating to cruelty to animals. LEGISLATIVE COUNCIL ─ 27 October 2010 579 (b) Section 3 of the Prevention of Cruelty to Animals Ordinance (Cap. 169) sets out the possible forms of cruelty to animals and the relevant penalties. The main consideration is whether an animal has been treated wantonly or unreasonably, resulting in unnecessary suffering.
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