Your reference:
(14) in PELB (E) 55/09/122 (92) X
Our reference:
EDP 262/1
5 August 1993
Ms M Siu
Government Secretariat
Planning, Environment & Lands Branch
Murray Building
Garden Road
Hong Kong
By fax 845 3489
Foreign & Commonwealth
Office
29
London SWIA 2AH
Telephone: 071-
210-0433
03115
REC
93
RY
Acar No Sul,
دسارینی با آنها
MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
1.
As I explained when we spoke on 5 August, both FCO and DOE Legal Advisers have considered the legislation enacted by Hong Kong to implement the London Amendment to the Montreal Protocol and have raised a number of queries which I have been asked to take up with you. I have set out below the various points raised by the Legal Advisers and should be grateful for early clarification.
If
2. Under the provisions of the legislation it falls to the Director of Environmental Protection to control imports and exports of controlled substances. This system should enable the Director to ensure that consumption does not exceed Hong Kong's permitted levels and that trade in controlled substances with non-parties is controlled in accordance with Article 4, paras 1 3 of the Montreal Protocol. We have insufficient detail about how these provisions are implemented (it is possible that licence applications include details of the country to/from which the substances are being exported/imported) and should be grateful to know what information applicants are required to provide. this were to prove insufficient we assume that more detailed requirements could be drawn up administratively. I should be grateful if you can confirm that our understanding is correct.
3. There appears to be nothing in the legislation to implement Article 4.5 of the Protocol (the requirement to discourage the export to any State not party to the Protocol of technology for producing and for utilizing controlled substances) but it is possible that administrative measures may have been taken. should be grateful to know how Hong Kong proposes to implement this provision.
4.
I
There is also an apparent gap in the legislation as there are no provisions covering the collection of data. Again, much depends on the information importers and exporters are required to provide with their applications for licences under Section 6 of the Ozone Layer Protection (Amendment) Ordinance 1993. Legal