London Daily

Focus on the big picture.
Thursday, Jul 31, 2025

Hong Kong judge weighs whether animals have right to sue in judicial review case

Hong Kong judge weighs whether animals have right to sue in judicial review case

The pet owner seeking the review had adopted one of 30 pets found at the base of a local housing block last year after they apparently had been thrown from a height.

A Hong Kong judge questioned on Monday whether animals had the right to sue after a woman who adopted one of 30 pets thrown from a building last year challenged prosecutors’ decision not to press charges against the two alleged perpetrators.

Mr Justice Alex Lee Wan-tang raised the question after the adoptive owner argued that prosecutors had a duty to explain their decisions in cases involving animals as victims.

In an application for a judicial review, barrister Kim McCoy argued there were exceptional circumstances that warranted clarification in the present case, given the immense public interest it generated after the animals were found dead or severely injured at the bottom of the Hong Kong Garden housing estate, near Sham Tseng, on February 14, 2020.

“There is a necessity for the Department of Justice to give proper reasons [for its decision not to prosecute],” McCoy argued. “The public wants and requires accountability.”

His client, Pang Lok-sze, and her boyfriend adopted one of the 12 surviving pets, a British shorthair cat they named Potter, a day after the department revealed on September 2 – in response to media enquiries – that it would not prosecute the two men investigated due to insufficient evidence. The 18 other animals involved, which included birds and rodents, were killed in the incident.

The decision sparked outrage among pet owners and animal rights groups, as it was widely reported that the men had surrendered themselves to police. The department last month clarified that the men had not turned themselves in and admitted charges as reported. However, questions remained as to whether the director of public prosecutions had a duty to inform the public about his decisions in a timely manner to allow those inclined to pursue private prosecutions to do so within the statutory time limit.

McCoy argued the director had a duty to communicate and explain his decision to the public when the case involved immense public interest and a significant number of victims who were incapable of exercising their rights – a class that includes not only animals, but also children and mentally incapacitated people.

Pang’s challenge also raised what McCoy described as a “very novel” question about who could apply for a judicial review when the victims were animals with no standing of their own under Hong Kong law.

McCoy argued that Pang had a direct and sufficient interest to bring the judicial challenge as a result of her adoption, giving her equal standing to the Society for the Prevention of Cruelty to Animals (SPCA), which dealt with all 30 animals and assisted police investigations, but decided against challenging the decision not to prosecute.

The judge questioned whether animals had the right to sue in the first place, and if not, how an adoption could change that status and confer the right on their adoptive owners.

McCoy agreed that Potter could not take legal action himself, but could do so with a representative such as his adoptive owner, just as a foster parent could bring proceedings on behalf of a child in their care upon learning he or she had been previously abused.

Senior assistant law officer William Liu Kwun-wa countered that Potter could not be considered a victim as the term related to a person, while animals were regarded as property under Hong Kong law.

Liu further submitted that Pang did not have sufficient interest to apply for a judicial review when the SPCA was better placed to take action, adding that her proposed grounds of challenge were not reasonably arguable.

He said the director had no duty to inform the public, and added that one did not have to wait for his decision to start a private prosecution.

The counsel also argued that the director’s decision could only be challenged in very limited circumstances, since the Basic Law, the city’s mini-constitution, provided that the department “shall control criminal prosecutions, free from any interference”. In this case, Liu said, the court could only intervene when the decision was unconstitutional.

But he conceded that the department did not clarify media reports that may have led the public to think that suspects who had admitted their guilt were not being prosecuted.

Lee, the judge, said it was “unfortunate” that prosecutors had not corrected the inaccurate reports.

“I’m not trying to criticise anyone,” he added. “If a statement had been made, maybe we would not be here.”

Lee will hand down his judgment at a later date.

Newsletter

Related Articles

0:00
0:00
Close
Former Judge Charged After Drunk Driving Crash Kills Comedian in Brazil
Jeff Bezos hasn’t paid a dollar in taxes for decades. He makes billions and pays $0 in taxes, LEGALLY
China Increases Use of Exit Bans Amid Rising U.S. Tensions
IMF Upgrades Global Growth Forecast as Weaker Dollar Supports Outlook
Procter & Gamble to Raise U.S. Prices to Offset One‑Billion‑Dollar Tariff Cost
House Republicans Move to Defund OECD Over Global Tax Dispute
Botswana Seeks Controlling Stake in De Beers as Anglo American Prepares Exit
Trump Administration Proposes Repeal of Obama‑Era Endangerment Finding, Dismantling Regulatory Basis for CO₂ Emissions Limits
France Opens Criminal Investigation into X Over Algorithm Manipulation Allegations
A family has been arrested in the UK for displaying the British flag
Mel Gibson refuses to work with Robert De Niro, saying, "Keep that woke clown away from me."
Trump Steamrolls EU in Landmark Trade Win: US–EU Trade Deal Imposes 15% Tariff on European Imports
ChatGPT CEO Sam Altman says people share personal info with ChatGPT but don’t know chats can be used as court evidence in legal cases.
The British propaganda channel BBC News lies again.
Deputy attorney general's second day of meeting with Ghislaine Maxwell has concluded
Controversial March in Switzerland Features Men Dressed in Nazi Uniforms
Politics is a good business: Barack Obama’s Reported Net Worth Growth, 1990–2025
Thai Civilian Death Toll Rises to 12 in Cambodian Cross-Border Attacks
TSUNAMI: Trump Just Crossed the Rubicon—And There’s No Turning Back
Over 120 Criminal Cases Dismissed in Boston Amid Public Defender Shortage
UN's Top Court Declares Environmental Protection a Legal Obligation Under International Law
"Crazy Thing": OpenAI's Sam Altman Warns Of AI Voice Fraud Crisis In Banking
The Podcaster Who Accidentally Revealed He Earns Over $10 Million a Year
Trump Announces $550 Billion Japanese Investment and New Trade Agreements with Indonesia and the Philippines
US Treasury Secretary Calls for Institutional Review of Federal Reserve Amid AI‑Driven Growth Expectations
UK Government Considers Dropping Demand for Apple Encryption Backdoor
Severe Flooding in South Korea Claims Lives Amid Ongoing Rescue Operations
Japanese Man Discovers Family Connection Through DNA Testing After Decades of Separation
Russia Signals Openness to Ukraine Peace Talks Amid Escalating Drone Warfare
Switzerland Implements Ban on Mammography Screening
Japanese Prime Minister Vows to Stay After Coalition Loses Upper House Majority
Pogacar Extends Dominance with Stage Fifteen Triumph at Tour de France
CEO Resigns Amid Controversy Over Relationship with HR Executive
Man Dies After Being Pulled Into MRI Machine Due to Metal Chain in New York Clinic
NVIDIA Achieves $4 Trillion Valuation Amid AI Demand
US Revokes Visas of Brazilian Corrupted Judges Amid Fake Bolsonaro Investigation
U.S. Congress Approves Rescissions Act Cutting Federal Funding for NPR and PBS
North Korea Restricts Foreign Tourist Access to New Seaside Resort
Brazil's Supreme Court Imposes Radical Restrictions on Former President Bolsonaro
Centrist Criticism of von der Leyen Resurfaces as she Survives EU Confidence Vote
Judge Criticizes DOJ Over Secrecy in Dropping Charges Against Gang Leader
Apple Closes $16.5 Billion Tax Dispute With Ireland
Von der Leyen Faces Setback Over €2 Trillion EU Budget Proposal
UK and Germany Collaborate on Global Military Equipment Sales
Trump Plans Over 10% Tariffs on African and Caribbean Nations
Flying Taxi CEO Reclaims Billionaire Status After Stock Surge
Epstein Files Deepen Republican Party Divide
Zuckerberg Faces $8 Billion Privacy Lawsuit From Meta Shareholders
FIFA Pressured to Rethink World Cup Calendar Due to Climate Change
SpaceX Nears $400 Billion Valuation With New Share Sale
×