Two men grilled over case of 30 pets thrown from Hong Kong building did not surrender themselves to police, justice department official reveals
- Animals were found either dead or severely injured at the Hong Kong Garden housing estate on Valentine’s Day last year
- Senior assistant law officer William Liu says the men did not turn themselves in and admit charges, investigators had asked them to go to a police station
Two men accused of throwing 30 animals from a building on Valentine’s Day last year did not surrender themselves as widely reported, Hong Kong’s Department of Justice revealed on Friday.
Senior assistant law officer William Liu Kwun-wa said police had asked the two men to attend an investigation at a station, which they did, accompanied by their lawyers, days after the animals were found either dead or severely injured at the Hong Kong Garden housing estate, near Sham Tseng, on February 14, 2020.
The two men, both 49, have been identified as a secondary school teacher and a merchant.
“They did not turn themselves in and admit charges,” Liu told the High Court. “No admission was made.”
The department made the clarification since it confirmed on September 2 that the two men would not be prosecuted.
A spokesman said prosecutors found the evidence available did not support a reasonable prospect of conviction.
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At the time, it was widely reported the pair had surrendered themselves to police. So the department’s subsequent decision not to prosecute had sparked outrage among pet owners and animal rights’ groups, and raised questions over whether relevant laws should be reviewed.
Upon hearing from Liu, Mr Justice Alex Lee Wan-tang said: “If there had been an admission, I would wonder why no prosecution was made.”
Their exchange took place as an animal concern group, Paws Guardian Rescue Shelter, sought permission to intervene in an application for judicial review, which intended to challenge the department’s decision not to prosecute the two men.
The judicial review applicant, Pang Lok-sze, and her boyfriend had adopted one of the 12 pets that survived the alleged fall, a British short-haired cat, from the Society for the Prevention of Cruelty to Animals, which had handled all 30. The remaining 18 animals, which included birds and rodents, died.
Pang’s application, filed last December, also raised the question of whether the director of public prosecutions was obliged to tell an interested party or the public about his or her decision in a timely matter, such that those minded to instigate a private prosecution could do so within the statutory time limit.
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On Friday, her counsel Albert Wong said the SPCA had told them it was notified about the department’s decision on August 13, a day before the six-month limit for prosecuting animal cruelty was due to expire.
Barrister Leung Sze-lum said Paws wanted to intervene in these proceedings to share its expertise and experience in handling cases concerning animal cruelty. “The public is very concerned,” Leung said.
Pang adopted a neutral position to Paws’ bid.
But Liu argued that Paws’ application was premature, as the court had yet to grant permission to hear full arguments for the judicial review.
The judge agreed and adjourned the summons to intervene, pending the outcome of Pang’s application for leave to apply for judicial review.
He will hear Pang’s case on May 21.
