CONFIDENTIAL
CITES DECISIONS ON AFRICAN ELEPHANTS: LEGAL AND POLITICAL
IMPLICATIONS
7
1.
Both HMG and the HK Government support an amendment which would place the African elephant on an Appendix I listing thereby banning. all trade in ivory. If passed in plenary today by the requisite 2/3 majority this amendment would enter into force in 90 days time and would be legally binding on all parties to CITES unless during those 90 days they enter a reservation. Our Legal Adviser's view is that it would be legally difficult to put in a reservation on behalf of
Hong Kong.
2.
Separately from the vote on the Appendix I listing, there will be a vote, probably on 17 October, on whether legally held existing stocks of ivory should be exempted from the Appendix I ban in trade. Legal Advisers and our delegation at the CITES Conference
have advised that the resolution has no legal force. But all participants would have a moral obligation to follow the resolution if passed. But advice from our delegation is that this resolution will almost certainly fail and that there will be no exemption for legally held existing stocks.
3. Our Legal Advis 's view is that whether we abstain or not on the resolution concerning existing stocks this carries no legal
obligation to pay compensation to Hong Kong, unless we have at any time promised Hong Kong that we would provide compensation: and this
is certainly not the case.
4.
On the question of the voting on whether to exempt legally held
existing stocks from the ban in trade, agreement reached between Mr Waldegrave and Mr Trippier, before the CITES Conference began,
was that the UK would abstain. The UK delegation has already
informed EC partners (since ivory falls within Community Competence)
of the decision to abstain and also the Hong Kong delegates who are
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CONFIDENTIAL
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