Wild Animals Protection (Amendment) Bill 2026 gazetted
The Government published the Wild Animals Protection (Amendment) Bill 2026 (the Bill) today (October 30) to enhance the protection for cetaceans appearing in Hong Kong waters.
The Bill proposes to grant the Director of Agriculture, Fisheries and Conservation power to designate, where necessary, an area within Hong Kong waters as a Temporary Marine Restricted Area (TMRA) for safeguarding the health or well-being of cetaceans in the designated area, as well as to impose restrictions or prohibitions on persons, vessels and activities within the TMRA. The Bill also introduces new offences and enforcement powers against non-compliance of control measures within the TMRA.
The Agriculture, Fisheries and Conservation Department. Photo source: reference image
"The presence of cetaceans, especially whales, often attracts significant public attention and draws people to approach them for viewing. The presence of people and vessels near an injured or stranded cetacean may cause disturbance or distress to it, hinder rescue operations and pose risks to the safety of other marine users. The Bill aims to empower the Government to implement appropriate control measures in a swift and flexible manner when necessary, with a view to enhancing the protection of cetaceans and safeguarding the safety of other marine users," a spokesman for the Government said.
In addition, the Bill proposes conferring legal status on the current Code of Conduct for Dolphin Watching (Code), so that the proof of contravention with the Code may be admissible as evidence in legal proceedings related to hunting and wilful disturbance of protected wild animals under section 4 of the Wild Animals Protection Ordinance (Cap. 170). This will facilitate prosecution and strengthen the protection for local dolphins.
The Government consulted the Nature Conservation Subcommittee of the Advisory Council on the Environment, and the Legislative Council (LegCo) Panel on Environmental Affairs on the Bill on June 30 and July 10, 2026, respectively. Members of the Subcommittee and the Panel expressed support to the proposed amendments. Other relevant stakeholders also generally supported the legislative proposal.
The presence of cetaceans in Hong Kong. Photo source: reference image
The Bill will be introduced into the LegCo for First Reading and Second Reading on November 11.
