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KEEPING
ENDANGERED SPECIES |
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HKRAS
, Q01: |
Is
a licence required to keep every species of
reptile or amphibian listed in the CITES Appendix
II as a pet? Are there any exceptions? Is
a licence required for the ones bought from
food markets? If required, what documents
are needed for the application? |
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AFCD
, A01: |
Generally
speaking, a Possession Licence is required
to keep any reptile or amphibian listed in
the CITES Appendix II in Hong Kong. However,
Possession Licences for some species (for
example, the Malayan box turtle) are waived.
The requirement of Possession Licence aimed
at the possession of endangered species, therefore,
the Possession Licence is required no matter
where the CITES II animals are bought from.
Documents required for application of the
Possession Licence include an application
form completed by the applicant, import licence
or the original Possession Licence issued
by this department to the dealer and official
receipt from the dealer. |
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HKRAS
, Q02: |
How does the rules for obtaining Possession
Licence applied to those species that are
later found listed in the CITES Appendix II
after being purchased? What are the necessary
documents? And what should the keeper of the
endangered species do if the species has been
kept for a long time without purchase receipt
from the trader? |
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AFCD
, A02: |
When
a new species is added to the CITES Appendix
II, the Hong Kong government will amend the
Chapter 187 of the Animals and Plants (Protection
of Endangered Species) Ordinance in order
to implementation CITES' regulations. There
are 3 months extension period after the new
regulation is effective. To enable the traders
and other keepers to obtain Possession Licenses
without requiring any documents. However,
Having the endangered species in possession
without a Possession License after the 3 months
extension period is illegal. |
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HKRAS
, Q03: |
Is it true that keeping the species from Testudinidae
family listed in CITES Appendix II may not
require Possession Licence in the future as
for some species of parrots? |
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AFCD
, A03: |
The
AFCD
is currently amending Chapter 187 of the Animals
and Plants (Protection of Endangered Species)
Ordinance. One of the suggested amendment
is that other than those species that are
specified, no Possession License is required
in keeping live animals listed in CITES Appendix
II as pets. The amendment is still in progress
and the conclusion is to be announced. |
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BUYING/SELLING
ENDANGERED SPECIES |
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HKRAS
, Q04: |
When purchasing a reptile or amphibian listed
in the CITES Appendix II from the traders
what kinds of documents should be asked for?
How to identify true and effective copies
of documents of a specific species? |
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AFCD
, A04 : |
When
purchasing a reptile or amphibian listed in
the CITES Appendix II from the traders one
should obtain a copy of the original Possession
Licence issued by this department to the supplier.
This copy of the original Possession Licence
should be sent to the AFCD by fax, post or
in person together with official receipt from
the supplier and specified form completed
by the applicant in order to obtain the Possession
Licence. One will be able to take the species
home upon successful application the Possession
Licence. |
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HKRAS
, Q05: |
Is a person liable to penalty for purchasing
an endangered species without knowing the
species is endangered and has not been informed
by the trader? What should the buyer do if
the trader refuses to supply the documents
of the species? |
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AFCD
, A05: |
Having
any endangered species in possession without
a licence is illegal and both the buyer and
the trader will be investigated. The authority
shall reserve the right to prosecute. In order
to protect your own right, one should never
purchase an animal if in doubt. |
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HKRAS
, Q06: |
Is the pet shop responsible for supplying
the documents to the buyer for the purpose
of applying for Possession Licence? Is it
illegal for the trader to refuse supplying
the documents or to supply the documents only
with additional charges? |
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AFCD
, A06: |
According
to the law, it is the buyer's responsibility
to apply for the Possession Licence. One should
not but from the pet shop without the necessary
documents for Possession Licence. |
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HKRAS
, Q07: |
Is it legal to buy/sell or exchange licensed
reptiles privately? |
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AFCD
, A07: |
If
the transaction is commercial and involves
profit, a permit is required. |
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RESPONSIBILITIES
AFTER OBTAINING POSSESSION LICENCE FOR ENDANGERED
SPECIES |
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HKRAS
, Q08: |
Should the owner inform the AFCD if the endangered
species is temporarily cared for when the
owner is taking a vacation or for other reasons?
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AFCD
, A08: |
The
owner should seek permission of the AFCD in writing
and wait for written approval before putting
the endangered species in temporary care. |
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HKRAS
, Q09: |
Is it necessary to report the death of an
endangered species that has been kept as a
pet? |
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AFCD
, A09: |
In
any case, if an endangered species is dead
the owner must report the incident to the
AFCD
in writing with a copy of the Possession License
by mail or fax (Fax: 23763749) within three
working days. |
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HKRAS
, Q10: |
What are the procedures involved when an endangered
species is about to have a new owner? |
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AFCD
, A10: |
In
the case of changing owner, the new owner
must first supply the following to the AFCD:
a. The application for Possession License
b. A copy of the Possession License from the
former owner
c. Purchase receipt or letter that supports
the changing of ownership
If the new owner has already adopted the endangered
species, then the old license must be sent
to the AFCD within two weeks to cancel the
old license. |
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HKRAS
, Q11: |
How should one apply for license for reptiles
listed in CITES Appendix II that are bred
by human? When is the right time report the
new born? After the laying of eggs or immediately
after the eggs are hatched? |
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AFCD
, A11: |
The
license owner should report to the AFCD in writing
upon the laying of eggs and should apply for
Possession License for the new born within
two weeks of birth. The authority reserves
the right to verify if necessary. |
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HKRAS
, Q12: |
Would the AFCD inspect the premises of the owners
of the endangered species from time to time?
Would the owner be informed prior to the visit? |
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AFCD
, A12: |
According
to the regulations, the owner must be prepares
for non-scheduled inspections without being
informed. |
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HKRAS
, Q13: |
How many Possession Licenses for Endangered
Species have been issued in Hong Kong? What
are the statistics? |
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AFCD
, A13: |
There
are about 2250 people in Hong Kong who are
issued with the Possession License for Endangered
Species. |
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KEEPING
NON-ENDANGERED SPECIES |
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HKRAS
, Q14: |
Is
it legal to capture non-endangered species
from the wild? |
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AFCD
, A14: |
Other
than the Animals and Plants (Protection of
Endangered Species) Ordinance, Chapter 170
of the Wild Life Animals Protection Regulation
also protects wild life animals in Hong Kong.
It is illegal for anyone to capture protected
wild life animals or to possess hunting gears.
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HKRAS
, Q15: |
Is it legal to keep poisonous snakes privately
and commercially in Hong Kong? |
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AFCD
, A15: |
Without
special exemption, Possession License is required
whether the species listed in CITES Appendix
II is kept as pets or for commercial purpose.
Furthermore, according to Chapter 139 of the
ordinance, only the shops with Animal Trading
Licenses are allowed to sell certain species
of poisonous snakes as food items. These include
Naja naja, Ophiophagu hannah, Bungarus fasciatus,
Bungarus mulicinctus and Hydrophiidae species.
However, the ordinance does not apply to poisonous
pet snakes. |
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HKRAS
, Q16: |
Is it legal to keep ferret, hedgehog, or sugar
glider in Hong Kong? |
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AFCD
, A16: |
Since
"ferret", "hedgehog" and
"sugar glider" are all common names
it is difficult to explain the regulations
apply to these species without determining
their scientific names. However, ¡§Black-footed
Ferret¡¨ (Mustela nigripes) belongs
to the endangered species in CITES Appendix
I. As for ¡§hedgehog¡¨
and ¡§sugar glider¡¨,
their scientific names are Erinaceidae species
and Petaurus breviceps respectively. These
two species are not restricted by CITES nor
the Animals and Plants (Protection of Endangered
Species) Ordinance. Importing such small mammals
as pets requires imported animal special permits.
Upon receiving the application for these special
permits, the AFCD will consider the possibility of
importing the species in terms of its suitability
as pets in Hong Kong, their effect on Hong
Kong¡¦s ecological environment
and whether the species post as a thread to
the public¡¦s safety. At the
moment, only ¡§ferret¡¨
and ¡§hedgehog¡¨ are
allowed to move into Hong Kong with their
owner if they have been pets for some time
provided they have been sterile. However,
¡§sugar glider¡¨ is not
allowed to be imported into Hong Kong and
the AFCD does not encourage any trading
or breeding of the species. |
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OTHER
QUESTIONS |
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HKRAS
, Q17: |
Is it legal to sell, eat, or keep Herbal Turtle
Paste in which the ingredients include parts
of live turtles listed in CITES Appendix II? |
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AFCD
, A17: |
At
the moment, importing/exporting or keeping
products that include ingredients of highly
endangered species including the Herbal Turtle
Paste require Possession License. However,
the law does not apply to Herbal Turtle Paste
that has ingredients of endangered species
such as Cuora trifasciata. |
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HKRAS
, Q18: |
It is commonly believed that some species
of reptile (for example the Varanus spp),
most pythons and poison dart frogs (frogs
that are bred artificially and non-poisonous)
are not allowed to be imported and kept as
pets. Is it true? If yes, for what reasons?
Also, what other species of reptile are prohibited
to be imported for the same reasons? |
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AFCD
, A18: |
Apart
from the Animals and Plants (Protection of
Endangered Species) Ordinance, importing live
reptiles require special permits according
to Chapter 139 of the Public Health (Animals
and Birds) Regulation. A list of live reptiles
permitted to be imported has already prepared.
The possibility of importing the species outside
of the list may be examined according to the
temperament of the species (whether it is
aggressive or not), its full-grown size and
toxicity. |
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HKRAS
, Q19: |
Has smuggling and illegal keeping of endangered
species become a serious matter in Hong Kong?
What would happen to the reptiles that are
confiscated? |
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AFCD
, A19: |
Smuggling
of endangered species and illegal keeping
has not yet become a serious matter in Hong
Kong. The confiscated reptiles may be donated
for the purpose of conservation and education. |
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