CONFIDENTIAL
(c) UK/Hong Kong Relations: Constitutional Aspects
LegCo have
A matter of political importance in Hong Kong.
threatened to refuse to enact legislation implementing ban.
Potentially very serious constitutional consequences.
Governor would be in impossible position. How could HMG
force Hong Kong to implement the ban? Yet if we did not, we
would face severe public criticism.
(d) Legal Consequences
If LegCo refused to enact legislation and unless the UK
instructed the Governor to override LegCo, UK would be in
breach of its international obligations under CITES.
(e) Consequences for the Ivory Trade
If Hong Kong's ivory traders are not given sufficient
time to dispose of their stocks in an orderly fashion,
trade likely to be driven underground, thus undermining
purpose of CITES ban.
Arguments against entering a reservation
(a) Consequences for UK Environmental Policy
A reservation on Hong Kong's behalf might be seen as an
attempt to wriggle out of international commitments which we
had taken a lead in establishing. How seriously would HMG's
reputation be damaged both domestically and internationally? How would this conflict with our voting record at CITES
Conference?
(b) Public and Media Reaction
Severe criticism likely from media and conservationist bodies
eg our abstention on Hong Kong's behalf at CITES conference almost universally condemned by press. Conservationists would argue that delay in implementing ban would offer
PTAAOJ (2)
CONFIDENTIAL
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