TNAG-0470-FCO40-535-Legislation-for-protection-of-wild-life-in-Hong-Kong-1974 — Page 33

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NOT WILLING TO INCLUDE A TERRITORIAL APPLICATION CLAUSE. THE

EFFECT OF THE ABSENCE OF SUCH A CLAUSE AS YOU WILL KNOW FROM RECENT

CIRCULARS ON OTHER CONVENTIONS IS THAT THERE ARE DIFFICULTIES IN

THE WAY OF "ADDING" TERRITORIES ONCE OUR RATIFICATION HAS BEEN

DEPOSITED. GIVEN THESE FACTS IT WILL BE OUR HOPE, IF AT ALL POSSIBLE,

TO INCLUDE ALL DEPENDENT TERRITORIES IN THE DECLARATION OF

TERRITORIAL APPLICATION EMBODIED IN OUR INSTRUMENT OF RATIFICATION.

WE SHALL BE MOST RELUCTANT TO ACCEPT ANY BUT THE STRONGEST AND

MOST COMPELLING GROUNDS FOR EXCEPTING ANY TERRITORY AND I VERY

MUCH HOPE YOU WILL BE ABLE TO AGREE TO THE INCLUSION OF YOUR TERRITORY

IN OUR INSTRUMENT OF RATIFICATION.

4.

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IN ORDER TO ASSIST YOU AND YOUR STAFF WE HAVE GIVEN THOUGHT TO

ARRANGEMENTS WHICH WE FEEL IT WILL BE NECESSARY TO SET UP IN THE

DEPENDENT TERRITORIES AND HOW OUR MANAGEMENT AND SCIENTIFIC

AUTHORITIES CAN HELP YOU IN APPLYING THE CONVENTION.

5. BASICALLY, THE CONVENTION REQUIRES CONTRACTING STATES TO OPERATE

A SYSTEM OF IMPORT/EXPORT CONTROLS FOR THE ENDANGERED SPECIES LISTED

AND FOR THOSE OF THEIR PARTS AND DERIVATIVES WHICH ARE READILY

RECOGNISABLE. A PAPER BY THE DEPARTMENT OF THE ENVIRONMENT HAS BEEN

SENT UNDER SEPARATE COVER; THIS SETS OUT THE DETAILS OF THE CONTROLS

PROPOSED TO BE EXERCISED IN THE UK. TRADING AND OTHER INTERESTS ARE

BEING CONSULTED ON THE BASIS OF THIS PAPER. YOU SHOULD, HOWEVER,

NOTE THAT THE UK IS MAINLY CONCERNED WITH IMPORTS WHEREAS MANY

OF THE DEPENDENT TERRITORIES WOULD BE EXPORTERS OF ENDANGERED SPECIES.

IN CONSIDERING THE CONTROLS YOU WOULD NEED TO INTRODUCE, YOU MAY WISH

TO START BY CHECKING THE EXTENT OF YOUR TRADE IN THE CONVENTION

SPECIES.

6. YOU WILL ALSO WISH TO CHECK WHETHER YOUR EXISTING POWERS ARE

ADEQUATE TO ENABLE YOU TO OPERATE THE NECESSARY CONTROLS. BEFORE A

TERROTORY CAN BE INCLUDED IN THE UK RATIFICATION IT WILL BE NECESSARY

FOR ANY NECESSARY LEGISLATION TO BE IN FORCE IN THE TERRITORY.

WE PROPOSE TO TAKE POWERS IN OUR BILL TO EXTEND IT ONCE IT BECOMES

LAW TO ANY DEPENDENT TERRITORY. WE SHOULD BE GRATEFUL IF YOU WOULD

ADVISE US WHETHER IN PRINCIPLE YOU WOULD PREFER TO HAVE THIS

LEGISLATION EXTENDED TO YOUR TERRITORY OR TO ENACT YOUR OWN OR WHETHER

NO NEW LEGISLATION WOULD BE NECESSARY. WE SHALL LET YOU HAVE A

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/DRAFT