CONFIDENTIAL
J
,6
MDHIAN 8284
MAKE CLEAR THAT IT APPLIES ONLY TO LOCAL RESIDENTS. WE PROPOSE TO
DO THIS BEFORE 17 JULY, HOWEVER, ANY AMENDMENT TO THE ORDER WILL NEED TO BE LAID BEFORE THE LEGISLATIVE COUNCIL WHO MAY, WITHIN 28 DAYS, ASK FOR A DEBATE ON THE AMENDMENT. THE COUNCIL CANNOT, HOWEVER, PREVENT THE COMING INTO FORCE OF THE AMENDED ORDER.
4. MEANWHILE WE SUGGEST THAT IN REPLY TO QUESTIONS YOU REAFFIRM HONG KONG'S DETERMINATION TO COMPLY FULLY WITH CITES REQUIREMENTS WHEN THE BAN COMES INTO EFFECT ON 17 JULY 1990. YOU MAY ALSO WISH TO DRAW ATTENTION TO THE FACT THAT WE HAVE INTRODUCED MORE STRINGENT CONTROLS THAT ARE REQUIRED UNDER CITES, I.E. THE REQUIREMENT FOR POSSESSION LICENCES.
WILSON
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DISTRIBUTION
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MR LIDINGTON, SPECIAL ADVISERS MR FIFOOT, LEGAL ADVISERS
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PS/MR MAUDE
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MR MCLAREN
MR BURNS
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CONFIDENTIAL
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FM FCOM
TO DESKBY 10010OZ HONG KONG
TELNO 1287
OF 091550Z JULY 90
PERSONAL FOR GOVERNOR FROM PAUL, HKD
IVORY: ALLEGED BREACH OF CITES
131754
MDHOAN 2113
TOP COPY Q DIST?
1.
AS YOU MAY KNOW, TWO UK SUNDAY NEWSPAPERS, THE INDEPENDENT ON SUNDAY AND THE MAIL ON SUNDAY, PUBLISHED REPORTS ON 8 JULY ALLEGING HONG KONG IS PREPARING TO BREACH CITES REGULATIONS ON TRADE IN IVORY WHEN THE RESERVATION IS WITHDRAWN ON 18 JULY. THE REPORTS CLAIM THAT HONG KONG WILL USE A LOOPHOLE IN THE CONVENTION RELATING TO EXEMPTIONS FOR PERSONAL POSSESSIONS TO ALLOW TOURISTS TO TAKE IVORY OUT OF HONG KONG. TODAY'S PRESS
CARRIES SIMILAR REPORTS.
2. THE HONG KONG BRANCH OF THE WORLD WIDE FUND FOR NATURE HAVE ALSO BEEN IN TOUCH WITH US ABOUT A LETTER THEY HAVE RECEIVED FROM THE SECRETARY FOR ECONOMIC SERVICES EXPLAINING THAT THE EXEMPTION FOR PERSONAL EFFECTS WOULD APPLY QUOTE IRRESPECTIVE OF THE NATIONALITY, RACE OR RESIDENCY STATUS OF THE PERSON CONCERNED UNQUOTE. WWF ARE STRONGLY OF THE VIEW THAT THIS WOULD CONSTITUTE A BREACH OF ARTICLE VII OF THE CITES AGREEMENT. THESE ALLEGATIONS ARE REPEATED IN THE PRESS REPORTS MENTIONED
ABOVE.
3
I HAVE HAD A LOOK AT THE RELEVANT PART OF THE CITES AGREEMENT, DEALING WITH EXEMPTIONS. ARTICLE VII.3(A) STATES THAT THE EXEMPTION SHALL NOT APPLY WHERE THE ITEMS CONCERNED
QUOTE WERE ACQUIRED BY AN OWNER OUTSIDE HIS STATE OF USUAL
RESIDENCE UNQUOTE. THIS SEEMS CLEAR ENOUGH TO ME. MOREOVER, THE LEGAL EXPERTS IN WHITEHALL HAVE ALSO
CONCLUDED THAT HONG KONG WOULD INDEED BE IN BREACH OF CITES IF IT ALLOWED TOURISTS (FOR WHOM, BY DEFINITION, HONG KONG WOULD NOT BE THE PLACE OF USUAL RESIDENCE OF THE INDIVIDUALS CONCERNED) TO EXPORT IVORY.
4.
WE HAVE ALREADY SENT THE TELEGRAM TO ESB SEEKING CLARIFICATION OF THE WWF ALLEGATIONS. THE PURPOSE OF THIS TELEGRAM IS TO FLAG UP THE STRONG POLITICAL INTEREST AT THIS END
IN ENSURING THAT THE CITES BAN IS FULLY AND FAITHFULLY
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