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precedent for this in the UK where there are certain powers
under the Protection of Birds Act to ban the importation of some
birds (e.g. wild duck) during certain periods in order to back up
the enforcement of legislation in this country to protect such
species during the close season. On the other hand, apart from
birds of prey (hawks and owls) and the common quail, there are
no controls in this country as far as other birds and other
non-endangered species are concerned. We would thus be asking
Hong Kong to enforce restrictions on trade which we do not impose
on ourselves. This would be resented on principle, and doubly so
since the Hong Kong Chinese regard these animals as good to eat.
4. The BBC programme was of course concerned with the cruel
treatment of animals and birds in Hong Kong as well as with
importation. It is undoubtedly true that laws against cruelty
to animals are not scrupulously observed in Hong Kong. This is
more of an enforcement problem than one of legislation, and could
hardly, by itself, justify a ban on importation. Nevertheless it
might reinforce the desirability of such a ban, if it was held
to be justifiable on general grounds.
5.
The implications of this are complex. I think that before
proceeding any further with Hong Kong we should ask Mr Boyle to
agree to a departmental meeting at which we could consider all
sides of the question. Meanwhile we have sent interim replies
to the various MPs who have written on this subject.
DCS
A C Stuart
Hong Kong & Indian Ocean Dept.
4 January 1974
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