This was an appeal by Kin Hung Chan of a decision of the Deputy Director of Wildlife cancelling Mr. Chan’s hunting licence for a period of five years, two and one-half months, for hunting with a firearm during prohibited hours, and pitlamping. Mr. Chan and his companion, Mr. Rodrigues, had both shot at a deer decoy from beside their vehicle, 37 minutes after the close of hunting. Mr. Rodrigues’ cancellation was one year less than Mr. Chan’s. Mr. Chan appealed on the grounds that his licence cancellation was excessive.
The Panel concluded that Mr. Chan shot at the decoy because he thought it was a wounded animal, already shot by Mr. Rodrigues. Upon considering videotape evidence not viewed by the Deputy Director, the Panel also found that the Deputy Director erred in finding that Mr. Chan was pitlamping. However, the Panel found that Mr. Chan’s actions showed poor judgment, especially given his years of hunting experience. The Panel found that his experience, prior conviction and warning, and the fact that he initially denied shooting at the decoy distinguished his circumstances from those of Mr. Rodrigues, and warranted a longer suspension. Accordingly, the Panel reduced Mr. Chan’s cancellation by five months. The appeal was allowed.