Cap 169 s 5 Orders by magistrate (PREVENTION OF CRUELTY TO ANIMALS ORDINANCE)

Contents of Section

Chapter:	169	Title:	PREVENTION OF CRUELTY TO ANIMALS ORDINANCE	Gazette Number:	23 of 2006
Section:	5	Heading:	Orders by magistrate	Version Date:	15/12/2006

(1) When any person has been convicted of an offence under section 3 or of any regulations made under this Ordinance, the magistrate may order that any animal in respect of which the offence has been committed-

(a) shall not be used; or

(b) shall be removed to and detained in such place and for such time as is stated in the order.

(2) Any order that an animal shall not be used or shall be detained in any place may, instead of stating any period of time, direct that the animal shall not be used or shall be detained until it recovers, and such animal shall not be used or shall be detained, as the case may be, until a senior veterinary officer certifies in writing that it may properly be used or released.

(2A) (a) If the owner of any animal is convicted of an offence under section 3 the magistrate may, in addition to any other penalty or order he may impose or make, make an order depriving such owner of the ownership of the animal and may make such order as to the disposal of the animal as he may think fit.

(b) No order shall be made under paragraph (a) unless it is shown by evidence as to a previous conviction or as to the character of the owner that the animal, if left with the owner, is likely to be exposed to further cruelty. (Added 53 of 1979 s. 5) [cf. 1911 c. 27 s. 3 U.K.]

(3) If any animal has been taken to any place in pursuance of an order made under this section any person who has been convicted of an offence in respect of such animal shall be liable to pay the prescribed fees for its maintenance and treatment for so long as it shall remain therein, and such fees may be recovered as a fine:
Provided that, if the owner of any such animal shall request the officer in charge of the animal to destroy it, such officer shall forthwith cause the animal to be destroyed, and no fees shall be payable in respect of the maintenance or treatment of such animal for any time subsequent to such request.
(4) Any person who acts in contravention of any order made under this section shall be liable on summary conviction to a fine of $200000 and to imprisonment for 3 years. (Amended 22 of 1950 Schedule ; 53 of 1979 s. 5; 23 of 2006 s. 3)