CODE 18-77
Reference
From:
Ms Barrett, Assistant
Legal Adviser
Date: 3 January 1990
3111
Mr Holroyd
Hong Kong Department
HONG KONG AND THE IVORY TRADE
1.
If the UK does not enter a reservation, failure to implement the ban in Hong Kong by 18 January 1990 would constiute a breach of the UK's international legal obligations under the CITES Convention. HMG would be responsible for securing implementation of the Convention in Hong Kong by the due date, and would not be able to rely on any refusal by the Hong Kong authorities to co-operate as a defence. Thus, if the Legislative Council refused to endorse the necessary legislation, or if Hong Kong Government delayed its implementation, the UK would be in breach.
2. On the question of Community competence, Community law applies only to those overseas dependent territories specified in the EEC Treaty. Hong Kong is not one of them, so no question of Community competence arises.
Jy Banett
J Barrett
K 166
270.3381
FIKCISI
RECEIVED IN REGISTRY
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4 JAN 1990
DESK OFFICER INDEX
REGISTRY
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Action Taken
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