London Daily

Focus on the big picture.
Wednesday, Jan 14, 2026

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
UK Intensifies Arctic Security Engagement as Trump’s Greenland Rhetoric Fuels Allied Concern
Meghan Markle Could Return to the UK for the First Time in Nearly Four Years If Security Is Secured
Meghan Markle Likely to Return to UK Only if Harry Secures Official Security Cover
UAE Restricts Funding for Emiratis to Study in UK Amid Fears Over Muslim Brotherhood Influence
EU Seeks ‘Farage Clause’ in Brexit Reset Talks to Safeguard Long-Term Agreement Stability
Starmer’s Push to Rally Support for Action Against Elon Musk’s X Faces Setback as Canada Shuns Ban
UK Free School Meals Expansion Faces Political and Budgetary Delays
EU Seeks ‘Farage Clause’ in Brexit Reset Talks With Britain
Germany Hit by Major Airport Strikes Disrupting European Travel
Prince Harry Seeks King Charles’ Support to Open Invictus Games on UK Return
Washington Holds Back as Britain and France Signal Willingness to Deploy Troops in Postwar Ukraine
Elon Musk Accuses UK Government of Suppressing Free Speech as X Faces Potential Ban Over AI-Generated Content
Russia Deploys Hypersonic Missile in Strike on Ukraine
OpenAI and SoftBank Commit One Billion Dollars to Energy and Data Centre Supplier
UK Prime Minister Starmer Reaffirms Support for Danish Sovereignty Over Greenland Amid U.S. Pressure
UK Support Bolsters U.S. Seizure of Russian-Flagged Tanker Marinera in Atlantic Strike on Sanctions Evasion
The Claim That Maduro’s Capture and Trial Violate International Law Is Either Legally Illiterate—or Deliberately Deceptive
UK Data Watchdog Probes Elon Musk’s X Over AI-Generated Grok Images Amid Surge in Non-Consensual Outputs
Prince Harry to Return to UK for Court Hearing Without Plans to Meet King Charles III
UK Confirms Support for US Seizure of Russian-Flagged Oil Tanker in North Atlantic
Béla Tarr, Visionary Hungarian Filmmaker, Dies at Seventy After Long Illness
UK and France Pledge Military Hubs Across Ukraine in Post-Ceasefire Security Plan
Prince Harry Poised to Regain UK Security Cover, Clearing Way for Family Visits
UK Junk Food Advertising Ban Faces Major Loophole Allowing Brand-Only Promotions
Maduro’s Arrest Without The Hague Tests International Law—and Trump’s Willingness to Break It
German Intelligence Secretly Intercepted Obama’s Air Force One Communications
The U.S. State Department’s account in Persian: “President Trump is a man of action. If you didn’t know it until now, now you do—do not play games with President Trump.”
Fake Mainstream Media Double Standard: Elon Musk Versus Mamdani
HSBC Leads 2026 Mortgage Rate Cuts as UK Lending Costs Ease
US Joint Chiefs Chairman Outlines How Operation Absolute Resolve Was Carried Out in Venezuela
Starmer Welcomes End of Maduro Era While Stressing International Law and UK Non-Involvement
Korean Beauty Turns Viral Skincare Into a Global Export Engine
UK Confirms Non-Involvement in U.S. Military Action Against Venezuela
UK Terror Watchdog Calls for Australian-Style Social Media Ban to Protect Teenagers
Iranian Protests Intensify as Another Revolutionary Guard Member Is Killed and Khamenei Blames the West
Delta Force Identified as Unit Behind U.S. Operation That Captured Venezuela’s President
Europe’s Luxury Sanctions Punish Russian Consumers While a Sanctions-Circumvention Industry Thrives
Berkshire’s Buffett-to-Abel Transition Tests Whether a One-Man Trust Model Can Survive as a System
Fraud in European Central Bank: Lagarde’s Hidden Pay Premium Exposes a Transparency Crisis at the European Central Bank
Trump Announces U.S. Large-Scale Strike on Venezuela, Declares President Maduro and Wife Captured
Tesla Loses EV Crown to China’s BYD After Annual Deliveries Decline in 2025
UK Manufacturing Growth Reaches 15-Month Peak as Output and Orders Improve in December
Beijing Threatened to Scrap UK–China Trade Talks After British Minister’s Taiwan Visit
Newly Released Files Reveal Tony Blair Pressured Officials Over Iraq Death Case Involving UK Soldiers
Top Stocks and Themes to Watch in 2026 as Markets Enter New Year with Fresh Momentum
No UK Curfew Ordered as Deepfake TikTok Falsely Attributes Decree to Prime Minister Starmer
Europe’s Largest Defence Groups Set to Return Nearly Five Billion Dollars to Shareholders in Twenty Twenty-Five
Abu Dhabi ‘Capital of Capital’: How Abu Dhabi Rose as a Sovereign Wealth Power
Diamonds Are Powering a New Quantum Revolution
Trump Threatens Strikes Against Iran if Nuclear Programme Is Restarted
×