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CODE 18-77
Reference....
31.3.....
Mr Edwards
Separate
Legal Advisers
CONFIDENTIAL
HONG KONG AND THE IVORY TRADE
1.
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16/11
I attach a copy of our draft submission on this subject which we discussed on the telephone last night. In view of the need to look more carefully at some of the legal aspects of the problem, we have decided not to submit until after the Governor's visit.
2. The main legal points that still need to be clarified are:
(a) whether there are any circumstances in which HMG could face litigation by Hong Kong ivory traders demanding compensation for loss of value of their stocks as a result of the recent CITES decision to ban all trade in ivory (para 4 of the Governor's telno 3724).
(b) if so, whether this risk could be mitigated if HMG agreed to enter a 6 month reservation on Hong Kong's behalf.
I should be grateful if you or Mr Rankin could let me have your views on these points.
3. As background I attach a paper by Mr Hughes (MAED) on the legal and political implications of the recent CITES decision, on which I understand he consulted Mrs Glover.
15 November 1989
CC: Mr Paul, HKD
Rosalind Mande
R Marsden
Hong Kong Department
Mr Rankin, Legal Advisers Mr Evans, MAED
HKCIST/1
нк
ASHAAH
CONFIDENTIAL