This Filipina whose finger was bitten by this dog is still looking for its owner who did not report the case to the police |
The case against a Filipina and her employer whose dog had bitten someone, will push through after the court today rejected the argument of their lawyers that the charge filed against them violates their right against self-incrimination and to remain silent.
Aiza Tenorio, 34, and Stephanie Chong were issued a summons
by the Eastern Court to appear on a charge of failing to report immediately to
the nearest police station that a dog under their care had bitten a person last
Nov. 30, 2022.
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Such failure violates Section 24 of the Rabies Ordinance,
which sets a penalty of $10,000 fine.
The complaint was filed by the Agriculture, Fisheries and
Conservation Department last May 30.
Their lawyers, taking turns to argue their point in a
hearing today at the Eastern Court, said such a requirement to report violates
the Bill of Rights and the Basic Law of Hong Kong.
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Self-reporting opens themselves to further prosecution, they
argued.
Besides, since Hong Kong faces no threat of a rabies outbreak,
such a requirement is unnecessary, they added.
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But Deputy Magistrate Charles Kwok rejected the arguments,
saying that a reading of the law shows that reporting a biting incident only
requires information about the dog involved.
“There was no requirement to give particulars of the keeper
of the animal,” he said, “just facts about the dog involved” such as whether
the dog had been vaccinated against rabies and whether it had been implanted
with microchip to establish its identity.
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Therefore, he added, the rule does not impinge on the dog keepers’
right to silence or against incriminating themselves.
Magistrate Kwok thus adjourned the case for Nov. 16, during
which the trial schedule will be set.
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