TNAG-1957-FCO40-2786-Hong-Kong-Animals-and-Plants-(Protection-of-Endangered-Speci-1989 — Page 26

CODE 18-77

Miss Barrett

Legal Advisers

CONFIDENT IAL

Reference..

HKCISI

RECEIVED IN REGISTRY

- 4 JAN 1990

DESK OFFICER INDEX

REGISTRY Action Taken

HONG KONG AND THE IVORY TRADE

34.7)

1. Please refer to Mr Edward's minute of 15 November to

Miss Marsden, I should be grateful for your further advice on our legal position in the event that HMG does not enter a reservation

and:

(a) the Governor enacts the appropriate legislation but the Legislative Council fail to endorse it; or

(b)

the Hong Kong Government state that they intend to introduce the legislation necessary to conform with the ban on trade in ivory but will not have it in force by 18 January

1990.

2.

I should also welcome your opinion on a point raised today by the DOE Legal Advisers. They have asked whether entering a reservation on behalf of Hong Kong would put the UK in breach of Community competence. At the time of the CITES Conference in October 1989 the Community were considering provision for member countries to represent their overseas territories' interests in the

I event that these differed from the interests of the Community. wonder whether any decision has been taken which would deny this facility. If not, I assume that our entering a reservation would not put the UK in breach of Community competence.

PJZAPJ

CONF IDENT IAL