CONF IDENT IAL
Pal
Cannot
Simply no way Hong Kong can implement ban by 18 January.
rely on LegCo to endorse the necessary legislation. Cannot force
them to do so.
Possible grave constitutional implications/if LegCo were to refuse to enact legislation implementing ban. Overruling HKG unthinkable at a time when we are striving to reestablish confidence. Even
more serious implications post-1997/if we provided China with a precedent of the sovereign state verruling HKG.
Werrulit
Arguments for entering a reservation
- If we do not do so and LegCo refuses to endorse necessary legislation, UK would be in breach of its international legal
obligations under the Convention
We have a duty to act on Hong Kong's behalf since Hong Kong is
unable to enter a reservation in its own right. Our Legal Advisers confident that it would be perfectly possible for UK to enter reservation on Hong Kong's behalf without our being regarded as "not
a party to the Convention" (a specific concern expressed in Mr
Patten's letter).
Argument for not entering a reservation
-
Might be easier in domestic political terms. But we would face strong international criticism for geneging on our CITES
obligations.
CONFIDENTIAL