CONFIDENTIAL
FM HONG KONG
TO DESKBY 10130OZ FCO
TELNO 2149
OF 101204Z JULY 90
CONFIDENTIAL
2617
Mac Lifty
134456
MDHIAN 8284
Rbd
12 JUL 1990
ས་་་་་
TOP COPY ST?
PERSONAL FOR PAUL FROM GOVERNOR
1760
YOUR TELNO 1287 IVORY: ALLEGED BREACH OF CITES
1. THE ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES) CAMENDMENT) BILL 1990 WILL COME INTO OPERATION ON 17 JULY 1990. THE BILL PROVIDES THAT THE DIRECTOR OF AGRICULTURE AND FISHERIES SHALL NOT ISSUE A LICENCE TO IMPORT OR EXPORT IVORY FOR COMMERCIAL PURPOSES. IN ACCORDANCE WITH CITES REGULATIONS THE BILL DOES NOT RULE OUT THE EXPORT OF PERSONAL OR HOUSEHOLD EFFECTS. HOWEVER, ON 7 OCTOBER 1989, THE GOVERNOR ISSUED AN EXEMPTION ORDER UNDER THE PRINCIPAL ORDINANCE REQUIRING THE TAKING OUT OF POSSESSION AND EXPORT LICENCES FOR QUANTITIES OF PERSONAL EFFECTS EXCEEDING 5 KILOGRAMMES. THE PURPOSE OF THE ORDER WAS TO TIGHTEN UP CONTROL OF THE IVORY TRADE, IN PARTICULAR BY SPECIFYING PRECISELY THE AMOUNT OF WORKED IVORY WHICH COULD BE REMOVED FROM THE TERRITORY AS PERSONAL OR HOUSEHOLD EFFECTS. THE REQUIREMENT TO HOLD A POSSESSION LICENCE FOR QUANTITIES IN EXCESS OF FIVE KILOGRAMMES IS MORE
STRINGENT THAN CITES REQUIREMENTS.
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2. THIS EXEMPTION ORDER WAS ISSUED BEFORE THE CITES CONFERENCE AT WHICH THE AFRICAN ELEPHANT WAS UPGRADED TO APPENDIX I. WE ACCEPT THAT ITS TERMS DO NOT ACCORD STRICTLY WITH ARTICLE VII.3(A) OF THE CITES REGULATIONS IN THAT THE ORDER PROVIDES FOR AN ACROSS THE BOARD EXEMPTION ON THE EXPORT OF WORKED IVORY PERSONAL EFFECTS WEIGHING LESS THAN FIVE KILOGRAMMES, IRRESPECTIVE OF WHETHER THE EXPORTER IS A LOCAL RESIDENT OR A VISITOR TO THE TERRITORY. AS INDICATED ABOVE, HOWEVER, IT HAS CLOSED A PERCEIVED LOOPHOLE WHEREBY A LARGE QUANTITY OF WORKED IVORY COULD BE EXPORTED UNDER THE GUISE OF PERSONAL EFFECTS IN ACCORDANCE WITH ARTICLE VII.3 OF THE CITES REGULATIONS.
3. WE ARE, OF COURSE, DETERMINED TO IMPLEMENT CITES APPENDIX I REGULATIONS. HOWEVER, WE MUST ACT PRUDENTLY TO ENSURE THAT WE DO NOT INADVERTENTLY OPEN UP STILL BIGGER LOOPHOLES IN THE INTERPRETATION OF THE CITES RULES. WE ARE NOW URGENTLY EXAMINING THE OPTIONS OPEN TO US, SUCH AS AMENDING THE EXEMPTION ORDER TO
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