TNAG-2129-FCO40-3044-Hong-Kong-and-the-ivory-trade-1990 — Page 118

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG TELNO 45

CONFIDENTIAL

AKCISI

RECEIVED IN REGISTRY

17 JAN 1990

DESK OFFICER

REGISTRY

INDEX

OF 041225Z JANUARY 90

Action Taken

3

16654T

MDHOAN 0588

TOP COPY O C'ST ?

PERSONAL FOR GOVERNOR FROM PAUL, HKD

HONG KONG AND THE IVORY TRADE

1. MINISTERS HAVE YET TO REACH AGREEMENT ON WHETHER A RESERVATION ON BEHALF OF HONG KONG SHOULD BE ENTERED BEFORE THE 18 JANUARY

DEADLINE.

2. THE SECRETARY OF STATE HAS ASKED US TO CONSIDER URGENTLY WHETHER IT WOULD BE FEASIBLE TO DELAY IMPLEMENTING THE CITES RESOLUTION IN HONG KONG FOR A PERIOD OF 6 MONTHS, WITHOUT ENTERING A FORMAL RESERVATION.

K

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3. WHAT HE HAS IN MIND IS A SOLUTION THAT WOULD HAVE EXACTLY THE SAME EFFECT IN HONG KONG AS ONE INVOLVING A RESERVATION. YOU WOULD HAVE 6 MONTHS

JULY SAY UNTIL 1

TO INTRODUCE THE NECESSARY LEGISLATION TO ENFORCE A TOTAL BAN ON TRADE IN IVORY. IF ASKED, WE WOULD MAKE IT CLEAR THAT HONG KONG WILL DEFINITELY BAN THE TRADE BUT THAT WE HAVE AGREED A SIX MONTH BREATHING SPACE AS A REASONABLE ADJUSTMENT PERIOD TAKING ACCOUNT OF THE IMPORTANCE OF THE TRADE IN HONG KONG.

4. OUR LEGAL ADVISERS ADVISE THAT IF THE UK DOES NOT ENTER A RESERVATION BY 18 JANUARY WE WOULD BE IN BREACH OF OUR OBLIGATIONS UNDER THE CITES CONVENTION. IT IS ULTIMATELY OUR RESPONSIBILITY TO SECURE IMPLEMENTATION OF THE CONVENTION.

5. THE PROPOSED SOLUTION IS THEREFORE AN UNTIDY ONE IN TERMS OF INTERNATIONAL LAW. BUT IT WOULD HELP US TO OVERCOME THE DOMESTIC POLITICAL DIFFICULTY ENTAILED IN ENTERING A RESERVATION.

6. I SHOULD BE GRATEFUL FOR YOUR VIEWS DESKBY 05010OZ (SIC) ON THE IMPLICATIONS FOR HONG KONG SHOULD MINISTERS DECIDE TO ADOPT THIS SOLUTION. IS THERE A RISK THAT HMG WOULD BE SEEN TO BE DUCKING THE ISSUE OR AVOIDING ITS RESPONSIBILITIES IN SOME WAY? WOULD IT MAKE THE TASK OF GETTING LEGCO TO ENDORSE THE NECESSARY LEGISLATION ANY MORE DIFFICULT? WILL THE BAN BE IMPLEMENTED BY PRIMARY OR SUBSIDIARY LEGISLATION? IF THE LATTER, WE ASSUME THAT THE LEGISLATION WOULD IN ANY CASE ENTER INTO FORCE AS SOON AS YOU HAVE SIGNED IT UNLESS LEGCO

DECIDES TO BLOCK IT WITHIN 30 DAYS.

7. GRATEFUL FOR REPLY DESKBY 05093OZ.

HURD