Here at Manuela Antonio – Lawyers and Notaries, aside from our utmost commitment to our clients, we care deeply for the Macau SAR community with whom we have an established connection which dates back to over three decades. In fact, we have not only seen the ups and downs of the community but also celebrated its victories whilst sharing the not so cheerful moments that it had to endure.
Although scarcely in the past, animal welfare is an ever-increasing concern of our citizens. In fact, a new wave of trendy global concerns of this nature has seemingly sensitized the general public. The past recent years have brought to light a few animal-friendly institutions such as ANIMA (2003) and the Macau Animal Rescue Association (2009), seeking to turn the region into a role model community in terms of awareness and prevention of neglectfulness and cruelty to animals. And unavoidably reaching the governmental entities as well. Under the authority of the Civic and Municipal Affairs Bureau (“IACM”), the subunit “Division of Animal Control and Inspection” was created in 2002, seeking to safeguard the public health, preventing the spread and outbreak of animal-borne diseases, and raising the public’s awareness of their civic responsibilities in raising pets.
Moreover, the trend also developed a sense of growing awareness in the local legislator, having meanwhile created important general regulations tackling the matter such as the Administrative Regulation no. 28/2004 – regarding the Approval of the General Regulations Governing Public Places. The law sets requirements in terms of cleanliness, personal hygiene and public health and protecting natural environment as well as the balance of a variety of habitats, including that of domestic pets. Also, the said regulation was followed by two executive orders stating a list of contraventions and other relevant additional provisions – Chief Executive Orders no. 106/2005 and 432/2005).
While the said regulations did not address specifically the issue of animal protection, it somewhat paved the way for Law no. 4/2016, also known as the Animal Protection Law. This legislative piece, which was published in the Macau Official Gazette on July 25 and came into force on September 1st, 2016, among other provisions, prohibits and punishes cruelty and violence towards animals, especially actions that may subject the same to pain and suffering.
Accordingly, animal owners are in general prohibited from abandoning their pets and must provide food, drinking water, sufficient space for free movement, proper living conditions, and necessary preventive and medical care to animals. One of the most controversial issues that arose during the legislative debates on the law was the mandatory requirement of muzzles in public areas (including public spaces in buildings) for dogs that weigh 23 kilograms or more, or those considered dangerous by the IACM (in alternative to a muzzle, it is possible to opt for a cone collar). It should be noted, however, that dog owners may apply for a license to exempt certain dogs from such requirement.
In addition, dogs must be leashed or put in carriers when in public areas. Also, all dogs living in construction sites and junkyards must be neutered and owners or the people responsible for those sites must cooperate with government authorities when the latter perform their relevant duties in that regard. The law further enlists which animals are not allowed to be used for human consumption and expressly provides for a prohibition of the instigation of animals to fight. Animal usage for scientific research is also an important aspect regulated by the Animal Protection Law, as well as the mandatory registration of animals used in competitions.
In terms of liability, perpetrators may face criminal charges, punishable by a one-year term of imprisonment, as well as administrative sanctions of up to MOP100,000 in fines and other additional penalties such as depriving the owner of the animal’s care, the prohibition on the acquisition or breeding of animals for a period of up to 2 years, the disqualification from the practice of commercial activities linked to any kind of animals for a period up to 2 years, and the temporary closure of a given shop or business for a period between 1 month and 1 year.
Subsequently and following the enactment of the Animal Protection Law, other animal-friendly legislation has been approved: Chief Executive’s Notice no. 355/2016, regarding the prohibition of obtaining, raising, breeding or importing animals of specific species and Law no. 2/2017, which seeks to enforce in the Macau SAR the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
As concerned citizens and seeking to fulfill our referred commitment as members of this great community, our office is proud to have recently made a donation to ANIMA – we had the honor of having been received by the organization’s President and delivered the cheque personally.
Until next time!
Macau, 28 December 2017