TNAG-2132-FCO40-3047-Hong-Kong-and-the-ivory-trade-1990 — Page 151

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FM ECO

TO IMMEDIATE HONG KONG

TELNO 827

OF 20180OZ APRIL 90

RESTRICTED

021732 MDHOAN 7360

FROM HKD

YOUR TELNO 1099: IVORY PQS

1. WE AGREE THAT PQS 1723 AND 1737 RAISE QUESTIONS OF A

COMMERCIAL NATURE AND THAT IT WOULD NOT BE APPROPRIATE FOR US TO DISCLOSE THIS INFORMATION.

!

2. BUT OUR LEGAL ADVISERS ARE NOT SURE WHETHER WE CAN TO TAKE THE SAME LINE ON PQS 1722 AND 1725: THESE QUESTIONS RELATE TO THE CONTROL MECHANISMS YOU HAVE INSTITUTED AND THE INFORMATION SOUGHT MAY NOT BE PURELY COMMERCIAL IN NATURE. BEFORE TAKING A FIRM VIEW, HOWEVER, WE WOULD BE GRATEFUL IF YOU COULD LET US KNOW:

(A) ON WHAT LEGISLATIVE BASIS THE INFORMATION WAS SOUGHT

AND RECORDED. MAY WE SEE A COPY OF THE RELEVANT ORDINANCE OR SUBORDINATE LEGISLATION QUERY.

(B) WHETHER THE INFORMATION WAS GIVEN IN CONFIDENCE.

(C) WHETHER THE INFORMATION IS OPEN TO THE PUBLIC IN HONG KONG-

3. IF THE INFORMATION WAS GIVEN PURSUANT TO A CONTROL MEASURE AND WAS NOT GIVEN IN CONFIDENCE, WE MAY NOT BE ABLE TO REFUSE TO REVEAL IT IN ANSWER TO A PARLIAMENTARY QUESTION.

4.

HURD

GRATEFUL FOR A REPLY DESKBY 23090OZ.

YYYY

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