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IVORY: PQs
1. There are two sets of questions here. Numbers 1737 and 1723 would appear to raise questions of a commercial nature and I see no objection to your following the advice of DTI set out in paragraph 3 of your minute, save that I would delete "given in confidence to the Hong Kong Government" since there is no evidence in paragraph 1 of Hong Kong telno 1099 that this is so.
2. Questions 1725 and 1722 are different. They relate to the control mechanism which Hong Kong instituted to implement the ban on elephant ivory. I don't think the information sought is commercial information and therefore I think we need to enquire of the Hong Kong Government the following:-
(a) What is the legislation on which the information was sought
and recorded? They should provide us with a copy of the relevant Ordinance or subordinate legislation.
(b)
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(c)
Was the information given in confidence?
Is the information open to the public in Hong Kong? If the information is open to the public in Hong Kong, we clearly cannot refuse to reveal it. If the information was given. pursuant to a control measure and not in confidence, I think we would need to be persuaded that it should not be provided in answer to a Parliamentary Question.
of
Paul Fifoot Legal Advisers
CODE 18-77
19 April 1990
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