AFCD explains regulatory arrangements for fighting dogs
In response to recent cases of suspected illegal keeping of fighting dogs that have aroused public concern and given rise to some misconceptions in the community, the Agriculture, Fisheries and Conservation Department (AFCD) today (September 2) issued the following explanation.
(1) Purpose of identifying fighting dogs
The purpose of identifying fighting dogs is to safeguard public and animal safety, thereby establishing a secure environment for harmonious human-pet coexistence in the community.
Fighting dogs may attack suddenly without warning due to their characteristics. Their well-developed musculature and powerful jaws, coupled with a tenacious biting tendency, often result in more severe injuries when attacks occur. In view of past local and overseas incidents involving fighting dog attacks on humans or other pets resulting in casualties, the Government must implement strict control measures, including requiring the use of specified identification collars, and mandating that such dogs be muzzled and kept on a leash in public places. This public-safety-driven approach to the strict regulation of fighting dogs aligns with the systems used in well-developed international jurisdictions, such as the United Kingdom, Singapore, and Australia.
(2) Definition of fighting dogs
Under Schedule 1 of the Dangerous Dogs Regulation (Cap. 167D), "fighting dogs" cover four statutory types: Pit Bull Terrier, Japanese Tosa, Dogo Argentino, and Fila Braziliero, as well as any crossbreed of these four types.
In particular, the "Pit Bull Terrier" is not a single breed but a type encompassing different breeds. Therefore, the legislation regulates based on "type" rather than "breed", meaning different breeds can fall under the same type. Taking the "Pit Bull Terrier" type as an example, the American Pit Bull Terrier, American Staffordshire Terrier, and American Bully breeds are commonly classified internationally under the Pit Bull Terrier type due to their highly similar physical structure and strength characteristics, as well as their close genetic associations, subjecting them to strict regulation.
(3) Common breeds of the Pit Bull Terrier type
The American Pit Bull Terrier, American Staffordshire Terrier, and American Bully have always been subject to strict regulation under the law as fighting dogs of the "Pit Bull Terrier" type. The policy and definition have not changed.
These three breeds possess highly similar physical structures. When professional identification is required for enforcement purposes, it is common international practice to regard these dogs as common breeds under the "Pit Bull Terrier" type. The Dogs and Cats Classification Board established under the Dogs and Cats Ordinance (Cap. 167) has previously discussed individual breeds (such as the American Bully) when considering cases, and confirmed that their physical characteristics meet the criteria for that fighting dog type.
(4) Law enforcement procedures of AFCD officers regarding suspected fighting dogs
Enforcement officers have statutory authority to take dogs away for investigation and identification where there is reasonable suspicion.
Under the Dogs and Cats Ordinance (Cap. 167) and related regulations, the illegal importation, breeding, and unlicensed keeping of fighting dogs are prohibited. Any police officer or AFCD authorised officer who has reasonable grounds to believe that the possession of a dog is suspected to be unlawful (e.g. suspected unlicensed fighting dog) has the authority to seize and detain the dog in accordance with the law for further professional identification and follow-up.
During enforcement operations, AFCD officers will proactively communicate with dog owners. Generally, officers will take dogs away for inspection and observation with the owner's consent. The AFCD understands owners' concerns; where the dog does not pose an immediate danger, and the owner is able to implement appropriate precautionary measures in the interim, the AFCD may allow the owner to bring the dog to an Animal Management Centre. Strict regulation of high-risk dogs is a necessary measure to safeguard public safety. The AFCD calls on members of the public to understand and co-operate with enforcement to jointly maintain community safety.
(5) Criteria for identifying fighting dogs
The allegation that AFCD enforcement officers "identify a dog as a fighting dog at a glance" is entire unfounded.
The determination of fighting dog types is the responsibility of the Department's Veterinary Officers. Veterinary Officers will carefully observe the dog's physical characteristics (such as skull, ears, eyes, muzzle shape) and external proportions (such as body conformation, height, body length), body structure, and related features to assess whether the dog truly possesses the high-risk traits characteristic of the fighting dog types, and thereby classify the dog. This is the common international practice for identifying fighting dog types, which meets scientific and professional standards and fully considers the actual safety risk posed by the dog.
Some have suggested that genetic testing should be used to identify dogs, but genetic testing is not the optimal method for identifying fighting dogs. The vast majority of dogs carry genes from various breeds to some extent. Dogs that carry genes from the four fighting dog types mentioned above do not necessarily develop all the physical characteristics and features of fighting dogs. Therefore, the current internationally common practice is to use the presence of fighting dog physical types and characteristics as the identification standard. Taking the "Pit Bull Terrier" as an example, international jurisdictions such as the United Kingdom's Dangerous Dogs Act similarly regulate the "Pit Bull Terrier" type based on physical characteristics.
The AFCD will continue to monitor relevant technological developments and actively study the latest applications of genetic testing methods, with a view to considering the possibility of using them as auxiliary identification tools in the future.
(6) Statutory requirements for keeping fighting dogs
Current legislation allows neutered fighting dogs (with valid neutering certificates) to be kept after licensing, provided that owners comply with regulatory conditions, including fitting the dog with a specified identification collar, implanting a microchip, muzzling the dog in public places, and keeping it securely on a leash not exceeding 1.5 metres in length.
(7) Appeal channels against the classification decision of fighting dogs
Under Section 17 of the Dangerous Dogs Regulation (Cap. 167D), if a dog owner disagrees with the AFCD's decision to classify their dog as a fighting dog, they have the right to lodge a statutory appeal.
The appeal procedures and steps are as follows:
- Lodging an appeal: Within 14 days of receiving the AFCD's classification notice, the dog owner may apply to the Dogs and Cats Classification Board (the Board). Board members include veterinarians, dog breeders, academics, and representatives from animal welfare organisations.
- Notification to the Board: The AFCD will notify the Board within seven days of receiving the application.
- Final decision: The Board's decision following review constitutes the statutory final decision.
During the appeal period, dog owners must still take precautionary measures in public places, such as complying with leash requirements for large dogs or any directions issued by the AFCD, to ensure public safety.
(8) Enquiries about fighting dog types
If a dog owner is uncertain whether his/her dog is a fighting dog, he/she may consult a registered veterinarian or contact the AFCD for assistance.
As long as strict regulatory conditions are met, current legislation allows owners to continue keeping neutered fighting dogs. The AFCD urges pet owners not to abandon their dogs and to be responsible pet owners. Abandoning dogs is an unlawful act and also poses a threat to public safety.
(9) Detention location of dogs and owner rights during assessment and identification
During the assessment period, the dog will be detained at the AFCD's Animal Management Centre, where it will receive care from veterinary officer and staff. Subject to safety requirements and without affecting the assessment, owners may make appointments to visit. Owners may also apply to arrange for a private veterinarian to accompany them on visits to assess the dog's health condition. Once the AFCD completes the assessment and the result is determined to be favourable, arrangements will be made for the release of the dog as soon as possible.
Members of the public who wish to learn more about proper dog control and how to be responsible pet owners may visit the AFCD website (www.pets.gov.hk).
Source: AI-found images
