What Changed
- Powers granted to designate Temporary Marine Restricted Areas (TMRAs) to restrict vessel access and activities around cetaceans.
- Introduction of new offences and enforcement powers targeting non-compliance with TMRA control measures.
- Legal status conferred on the Code of Conduct for Dolphin Watching as admissible evidence under section 4 of Cap. 170.
Marine vessel operators, commercial tour companies, recreational boaters, and conservation entities operating in Hong Kong SAR are affected by the publication of the Wild Animals Protection (Amendment) Bill 2026, gazetted on October 30, 2026. The proposed legislative framework seeks to enhance statutory protection for cetaceans—specifically whales and dolphins—in Hong Kong waters, balancing animal welfare with safety during marine animal sightings or strandings.
The Bill empowers the Director of Agriculture, Fisheries and Conservation to designate a Temporary Marine Restricted Area (TMRA) within Hong Kong waters when necessary to safeguard the health or well-being of cetaceans. Under the proposed provisions, the Government will be authorized to impose restrictions or prohibitions on persons, vessels, and specific activities within any designated TMRA. To enforce these control measures, the draft law introduces statutory offences and enforcement powers targeting non-compliance within a TMRA.
Furthermore, the Bill proposes granting formal legal status to the current Code of Conduct for Dolphin Watching. Under the proposed section amendments, proof that a party contravened this Code will be admissible as evidence in court proceedings regarding the hunting or wilful disturbance of protected wild animals pursuant to section 4 of the Wild Animals Protection Ordinance (Cap. 170). This reform aims to facilitate prosecution and strengthen the legal protections for local dolphins.
Prior to gazetting the Bill, the Government consulted the Nature Conservation Subcommittee of the Advisory Council on the Environment on June 30, 2026, and the Legislative Council (LegCo) Panel on Environmental Affairs on July 10, 2026. Members of both bodies and relevant stakeholders expressed support for the legislative proposals. The Bill is scheduled for First Reading and Second Reading in the LegCo on November 11, 2026.
Who May Be Affected
Marine vessel operators, commercial dolphin watching tour operators, recreational boaters, and wild animal conservation authorities in Hong Kong SAR.
Cross-Border Context
Vessel access and activity restrictions in Hong Kong SAR waters impact maritime recreation, tour operations, and regional vessel navigation.
What to check next
- Track the First Reading and Second Reading of the Bill in the Legislative Council scheduled for November 11, 2026.
- Review the gazetted draft text of the Wild Animals Protection (Amendment) Bill 2026 once published in the LegCo database.
This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.