Cap. 139 sub. leg. F

Public Health (Animals and Birds) (Exhibitions) Regulations(Cap. 139, section 3) [22 June 1973](Format changes—E.R. 1 of 2015) 1. Citation These regulations may be cited as the Public Health (Animals and Birds) (Exhibitions) Regulations. 2. Interpretation (1) In these regulations unless the context otherwise requires—exhibition of animals or birds (動物或禽鳥展覽) means an exhibition of animals or birds to which the public are admitted on payment of a fee or other money consideration;housing facility (畜舍設施) means a room, building, premises or other place used to contain a primary enclosure;licence (牌照) means a licence granted or renewed under regulation 4;outdoor area (戶外範圍) means an outdoor area or space, whether containing a primary enclosure or not, used for the keeping, exercise or containment of animals or birds;permit (許可證) means a permit issued under regulation 8;primary enclosure (基本圍封物) means a room, pen, cage, compartment, hutch or structure used to restrict animals or birds to a limited amount of space;sanitary (衞生) means physically clean and free from agents which are injurious to health and from any other obnoxious or offensive material.(2) For the purposes of these regulations, a person holds an exhibition of animals or birds if he has control or management of the place at which the animals or birds are kept for the purpose of exhibition. 3. Prohibition of exhibiting animals or birds without licence or permit No person shall hold an exhibition of animals or birds save under and in accordance with a licence granted or a permit issued under these regulations. 4. Power of Director to grant licence (1) Upon application in the form specified by the Director, the Director may grant a licence to any person to hold a permanent exhibition of animals or birds and may renew any such licence.(2) A licence shall not be granted or renewed unless—(a) the Director has inspected and approved the place at which the exhibition is to be held; and(b) the Director is satisfied that the primary enclosures, housing facilities and outdoor areas in which the animals or birds are to be kept conform with the standards specified under regulation 5.(3) The Director may attach to a licence such conditions as he may think fit.(4) A licence shall be valid for a period of 12 months beginning on the date it is granted. (L.N. 411 of 1990)(5) The fee for a licence shall be—(a) $2,410 if the total number of animals or birds to be exhibited (the animals and birds to be counted together where there is a combination of both) does not exceed 20; or(b) $8,570 if the total number of animals or birds to be exhibited (the animals and birds to be counted together where there is a combination of both) exceeds 20. (L.N. 167 of 2006; L.N. 249 of 2006; L.N. 83 of 2014)(6) A licence shall specify—(a) the residential address of the person licensed to hold the exhibition;(b) the address of the place at which the exhibition may be held; and(c) the place at which the animals or birds for the purpose of exhibition may be kept. 5. Standards of primary enclosures etc. (1) A primary enclosure shall be—(a) structurally sound and maintained in good repair;(b) designed so as to contain the animals or birds kept therein and to protect them from injury and predators;(c) constructed and maintained so as to enable the animals or birds contained therein to—(i) remain dry and clean;(ii) have convenient access to food and water; and(iii) move about freely and to stand, sit, lie and perch comfortably; and(d) located so as to avoid excessive illumination.(2) Housing facilities shall—(a) be structurally sound and maintained in good repair;(b) be designed so as to contain the animals or birds kept therein and to restrict the entrance of other animals or birds;(c) contain an adequate supply of potable water and suitable drainage for the escape of excess water;(d) provide sufficient space for the storage of fresh food and bedding;(e) provide for the removal and disposal of animal and food waste, used bedding, dead animals or birds and debris to minimize infestation, contamination, odours and the risk of disease;(f) be provided with sufficient fresh air ventilation by means of windows, doors, vents or air conditioning, to promote the health and comfort of the animals or birds kept therein and to minimize draughts, odours and moisture condensation;(g) have ample lighting by natural or artificial means or both, of good quality and so distributed as to provide sufficient light intensity to permit routine inspection and cleaning; and(h) contain interior surfaces which are substantially impervious to moisture and may be sanitarily cleaned at all times.(3) An outdoor area shall provide—(a) sufficient shade to enable the animals or birds to protect themselves from the direct rays of the sun;(b) adequate shelter to allow the animals or birds protection in inclement weather;(c) suitable drainage for the escape of excess water. 6. Licensee not to make changes to primary enclosures etc. and not to keep animals or birds elsewhere Except with the prior consent of the Director, no person to whom a licence has been granted shall—(a) make or cause or permit to be made any material change to the primary enclosures, housing facilities or outdoor areas in which the animals or birds for exhibition are to be kept; or(b) keep or cause or permit to be kept any animal or bird to be exhibited, at a place other than the place specified in his licence. 7. Husbandry and sanitation Except as may reasonably be justified for the purpose of veterinary treatment, a person to whom a licence has been granted shall comply with the following requirements—(a) the animals or birds shall be fed at least once daily with wholesome, palatable and nutritious food which shall be of sufficient quantity to meet the normal daily requirements of the animals or birds, having regard to their species, size and condition;(b) all food and water receptacles for the animals or birds shall be—(i) readily accessible to the animals or birds;(ii) so located as to minimize contamination by excreta or otherwise;(iii) cleaned at regular intervals so as to be kept in a sanitary condition at all times; and(iv) kept in good condition at all times;(c) the animals or birds shall be supplied with adequate and potable water and, if no constant supply of potable water is available, they shall be supplied with potable liquid at least twice daily for a period of not less than one hour each time;(d) all excreta and other waste matter shall be removed not less than once daily from the place at which the animals or birds are kept;(e) the primary enclosures, housing facilities and outdoor areas shall be maintained in a sanitary condition;(f) a programme for the control and destruction of insects, ectoparasites, avian and mammalian pests at the place at which the animals or birds are kept shall be established and maintained to the satisfaction of the Director;(g) animals or birds shall not be housed in the same primary enclosure unless they are of the same or a compatible genus; and(h) notwithstanding that the animals or birds are of the same or a compatible genus—(i) females in season (oestrus) shall not be housed in the same primary enclosure with males except for breeding purposes; and(ii) they shall be housed individually in separate primary enclosures if they are of vicious disposition. 8. Power of Director to issue permit (L.N. 167 of 2006)(1) Upon application in the form specified by the Director, the Director may issue a permit to any person to hold a temporary exhibition of animals or birds.(2) A permit issued under paragraph (1) shall not be valid for a period of more than one month from the date of issue.(3) The Director may attach to a permit such conditions as he may think fit.(4) The fee for a permit shall be $1,660. (L.N. 75 of 1988; L.N. 292 of 1988; L.N. 404 of 1989; L.N. 47 of 1995; L.N. 208 of 1996; L.N. 525 of 1997; L.N. 83 of 2014)(5) A permit shall specify—(a) the particulars of the person to whom the permit is issued;(b) the place at which the exhibition may be held; and(c) the place at which the animals or birds for the purpose of exhibition may be kept. 9. Offences and penalties (1) Any person who contravenes regulation 3 shall be guilty of an offence and shall be liable on conviction to a fine at level 1.(2) Any person to whom a licence has been granted who contravenes—(a) any condition attached to his licence; or(b) regulation 6 or 7,shall be guilty of an offence and shall be liable on conviction to a fine at level 1.(3) Any person to whom a permit has been issued who contravenes any condition attached to his permit shall be guilty of an offence and shall be liable on conviction to a fine at level 1.(E.R. 4 of 2021)