TNAG-1955-FCO40-2784-Trade-of-rare-and-endangered-species-in-Hong-Kong-1989 — Page 55

ROTE UCC

LLGATE HSE

LAMA

A

07.19,1989 16:57

NO.27

а

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(b) antiques over 100 years of age and antiques, objects d'art proven to have been made before a date to be agreed possibly 1976;

(c)

hunting trophies where the conditions set out in the Convention for such imports are met and which

would, in any case, be allowed under Appendix I listing; and

(d)

household goods and personal effects acquired by Community citizens before the import ban came into

effect.

These exceptions will not adversely affect the conservation of the elephant and are unlikely to cause any major problem.

The Minister has already agreed to (b) (although the Dutch have suggested the inclusion of musical instruments in this category to cover concert performers who need to take with them their instruments such as pianos, violins and bagpipes which contain ivory), and (d). I recommend that he can also

agree (a) and (c).

This leaves the question of goods subject to existing contractual arrangements and the re-import of ivory goods. It was suggested at the EC meeting on 22 June that the import into the EC of goods for which contractual arrangements had been entered into and payments made before the ban came into effect should be allowed (provided of

course that the ivory concerned had been lawfully acquired in the country of origin). There have been some objections to this proposal (which would have the merit if accepted, of avoiding compensation claims that might arise) relating to the difficulty of assessing which contracts should be

allowed to continue. I should be grateful to know, however,

whether the Minister would be content to go along with this proposal, if the majority are in favour, and provided

import is allowed only where the contract documents are

sound, the ivory to be imported was legally acquired and

was in transit before the ban came into force.

P. 3