TNAG-1957-FCO40-2786-Hong-Kong-Animals-and-Plants-(Protection-of-Endangered-Speci-1989 — Page 60

1

CONFIDENTIAL

HONG KONG AND THE IVORY TRADE

1.

2.

International Buy Out Fund

Generally agreed this is non-starter (Convention does not

provide for compensation; other CITES parties unlikely to

contribute to fund primarily for Hong Kong's benefit; could

lead to calls for compensation for Southern African states).

Six Month Reservation on Hong Kong's Behalf

Arguments for entering a reservation

(a) Duty to act on Hong Kong's behalf

Hong Kong is a party to CITES through the UK's

ratification. It cannot enter a reservation on its own

behalf. Well established tradition of HMG acting on Hong

Kong's behalf in international fora where Hong Kong has no independent voice. (cf the GATT before Hong Kong became a

separate contracting party).

There is a precedent in CITES: HMG entered a reservation

on Hong Kong's behalf when CITES controls were first

introduced on trade in ivory in 1977.

We could argue that we have no choice but to act for Hong

Kong. Could make it clear that this in no way reflects HMG's

own policy on the substance of the issue.

(b) UK/Hong Kong Relations: Perception of UK's Commitments to

Hong Kong

Would

Failure to enter reservation on a matter of real importance to territory would seriously damage perceptions of UK. become an issue of principle.

PTAAOJ

CONFIDENTIAL

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