CONFIDENTIAL
2.
but even if sufficient Preventive Officers were available to carry out regular routine checks there would remain the difficulty of positively identifying endangered species. I believe this problem faces the port checks carried out by the UK authorities and I can certainly recall a very critical article to this effect in terms of the validity of the Convention that is in the New Scientist 12 18 months ago.
J
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You will readily appreciate that under the circumstances it is difficult to lay down precise procedures to control this trade. We did demand returns from those concerned with the trade, who are of course licensed by this Department, and we take steps to regularly check that these returns are as accurate as can be expected. Quite often the traders themselves are unaware of what they have received until such time as they open the crates. This means that, with the best will in the world, the importer may be guilty of an offence due to lack of prior knowledge. Gradually we are getting a response to such situations and, by regular inspection and seizures, an educative process is developing. I mentioned this in the penultimate paragraph of my previous letter. You will appreciate though that under our somewhat peculiar circumstances at the moment, our efforts are principally directed at getting what Article 10 defines as "comparable documentation issued by competent authorities in a State not party to the Convention". Unfortunately to date such documentation tends to be post facto, i.e. after illegal entry rather than otherwise, but even to obtain comparable documentation at all is an achievement in itself. Hopefully with the passage of time we will be able to tighten up on our requirements in this respect but I prefer co-operation to confrontation, reserving legal action to be taken against the recalcitrants. I am attaching herewith statistics for the period 5th August 1976 (when the new law came into force) up to 31st March 1977, which gives some idea of progress to date. Please remember that there was a grace period of some three months following the introduction of the law. This is why the statistics tend to start after that point in time.
The situation with regard to elephant ivory is that the Commerce and Industry Department here have completed an evaluation report on the local ivory trade. Another report on the trade in reptile skins (the other item on which Hong Kong entered a reservation) is almost completed. When these two reports are to hand we will discuss them within Government and review our position regarding the reservations. So far as this office is concerned, and without prejudice to the outcome of internal discussions within Government, I can see little basic objection to the scheduling of unworked ivory. The scheduling of worked ivory is likely to pose considerable practical problems. You will, however, be hearing from us further when a decision is reached.
Cruelty to Animals
I have discussed the point made by you in your paragraph 4(a) with the Environment Branch within whose purview this particular subject falls. Generally speaking our view at the moment is that the provisions in the existing Ordinance are adequate for the Hong Kong situation. Although there is not overall Authority, enforcement powers are vested
in
G
(a)
Any Police officer;
(b)
Any Government veterinary officer;
(c)
Any Health Officer or Health Inspector;
(d)
Any Government Medical Officer; and
(e)
Any magistrate.
Contd.