T
HM CUSTOMS AND EXCISE
Kent House Upper Ground London SE1 9PP
Telex
Telephone or-928 0533 ext
301
W O'Hara Esq
Science & Technology Department Foreign and Commonwealth Office London SW1A 2AH
Please reply to The Secretary
Your reference
Our reference
Date
3 August 1977
(2)
Dear Bill
WASHINGTON CONVENTION: HONG KONG
Thank you for your letter of 24 Juna about the identification problems experienced in Hong Kong in implementing the Washington Convention.
The question of a guide or manual on identification is one of the questions to be considered by the Special Working Session in October, and it remains to be seen whether this will be found to be practicable. We ourselves have some doubt about this; such a manual seems likely to be bulky and inconvenient to handle, and it is by no means certain that it would enable the non-expert to reach a positive conclusion as to identification. However, the Working Session may be able to find a solution.
Our approach to the problem in the U.K. has been rather different in the case of parts and derivatives from that of live creatures. Taking the former first, we are required to restrict only those which are readily recognisable, and in general our Schedule reflects this principle. In one or two instances, e.g. vicuna hair and cloth and certain goods made therefrom, recognition by a layman is difficult. and the control relies mainly on documentary evidence with occasional samples being selected for laboratory examination.
In some instances where recognition of individual species would be almost impossible but it was thought desirable to control the items derived from endangered specien the restrictions apply to a whole group; and licences are required for all items in the group; ivory and "spotted cat" skins are examples. It is of course difficult for Customs to be certain by physical examination that the goods imported are the species covered by, the licence, but DoE can apply a credibility check and make any enquiries they consider appropriate before issuing licences. If the goods are selected for Customs examination, samples are taken and sent for expert inspection.
In the case of live creatures, Customs' task is eased by the fact that import licences are required for Appendix II and III creatures as well as for those in Appendix I. In fact, in the case of certain classes (mammals, reptiles, birds and amphibians), licences are required for all creatures in the class, with certain specified exceptions which are common and in trade and are generally easier to recognise than the Convention species. The Customs control relies mainly on documentary evidence. In addition to the normal commercial documentation, importers of live animals and plants, (other than common domestic or farm animals) not covered by DoE licence are required to give a declaration with the Customs entry showing the species being imported and stating whether or not they are covered by the Endangered Species (Import and Export) Act 1976. Any false declaration would render the person concerned liable to the penalties prescribed for false declarations on Customs documents. The Customs also have power, under Section 1(8) of the Act to require
1.
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any person possessing or having control of an imported animal or plant
to furnish proof that the importation was not unlawful, and the animal or plant is liable to forfeiture if satisfactory proof is not furnished. In addition to any use which may be made of this power, expert advice would be provided by DoE if required in a case of doubt or suspicion.
I hope this outline of our approach to this problem will be of assistance to the Hong Kong authorities.
Yours sincerely
Dora Diggani
2.
MRS D BIGGAM
↓
CODE 18 - 77
-3833
Mr O'Hara
Science and Technology Dept
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VISIT OF HONG KONG DIRECTOR OF AGRICULTURE AND FISHERIES
1. You have, I think, already received a copy of Mr Nichols' letter of 19 July to me.
2.
We now owe it to Mr Nichols to arrange a programme for him on 8 September. This could start with a visit to HKGD at, say, 11 o'clock (at which, if you were free, you might be present as well) and continue with the visits to HM Customs and Excise and the DOE (and anybody else who might be suitable) in the afternoon. Might I ask you to arrange a programme for Mr Nichols at the latter two Departments, letting me know in due course what you have done so that I may inform Mr Nichols?
3.
Meanwhile, I would be grateful for your comments on points Mr Nichols makes on the second page of his letter.
11
27 July 1977
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