TNAG-2129-FCO40-3044-Hong-Kong-and-the-ivory-trade-1990 — Page 122

CODE 18-77

Reference

From:

Ms Barrett, Assistant

Legal Adviser

Date: 3 January 1990

3111

Mr Holroyd

Hong Kong Department

HONG KONG AND THE IVORY TRADE

1.

If the UK does not enter a reservation, failure to implement the ban in Hong Kong by 18 January 1990 would constiute a breach of the UK's international legal obligations under the CITES Convention. HMG would be responsible for securing implementation of the Convention in Hong Kong by the due date, and would not be able to rely on any refusal by the Hong Kong authorities to co-operate as a defence. Thus, if the Legislative Council refused to endorse the necessary legislation, or if Hong Kong Government delayed its implementation, the UK would be in breach.

2. On the question of Community competence, Community law applies only to those overseas dependent territories specified in the EEC Treaty. Hong Kong is not one of them, so no question of Community competence arises.

Jy Banett

J Barrett

K 166

270.3381

FIKCISI

RECEIVED IN REGISTRY

-

4 JAN 1990

DESK OFFICER INDEX

REGISTRY

PA

Action Taken

D