TNAG-2133-FCO40-3048-Hong-Kong-and-the-ivory-trade-1990 — Page 188

CONFIDENTIAL

143276

MDHOAN 2393

CONFIDENTIAL

FM FCO

TO DESKBY 13010OZ HONG KONG

TELNO 1329

OF 12160OZ JULY 90

PERSONAL FOR GOVERNOR FROM PAUL, HKD

YOUR TELNO 2149: ALLEGED BREACH OF CITES

1.

THANK YOU FOR THIS HELPFUL ACCOUNT OF THE PRESENT POSITION. IT IS REASSURING TO KNOW THAT HONG KONG'S DETERMINATION TO COMPLY FULLY WITH CITES REQUIREMENTS FROM 17 JULY IS UNDIMINISHED: AND THAT YOU ARE EXAMINING URGENTLY HOW BEST TO CLOSE THE LOOPHOLE THAT EXISTS IN RESPECT OF EXPORTS BY TOURISTS OF WORKED IVORY PERSONAL EFFECTS WEIGHING LESS THAN FIVE KILOS. AS YOU SAY, THIS WOULD BE A BREACH OF ARTICLE VII.3(A) OF THE CITES REGULATIONS.

2. I SHALL NEED TO GIVE MINISTERS A SITREP BY THE WEEKEND AND WOULD THEREFORE BE GRATEFUL TO KNOW, DESKBY 13093OZ WHAT CONCLUSIONS HAVE BEEN REACHED ABOUT HOW THE LOOPHOLE IS TO BE CLOSED BY 17 JULY. IT WOULD ALSO BE HELPFUL IF THE RELEVANT LEGAL TEXTS COULD BE FAXED TO US FOR EASE OF REFERENCE.

3=

I TAKE IT THAT THE AMENDMENT TO THE EXEMPTION ORDER WOULD COME IMMEDIATELY INTO EFFECT, REGARDLESS OF WHETHER OR NOT LEGCO ASK FOR A DEBATE ON THE AMENDMENT. IT WOULD BE USEFUL TO

KNOW WHETHER YOU ENVISAGE ANY DIFFICULTY WITH LEGCO OVER THIS AMENDMENT. (PRESUMABLY THE FACT THAT LEGCO WILL BE IN RECESS WILL MINIMISE THE CHANCES OF THIS.)

4. AS I MENTIONED IN MY TELNO 1287, THERE HAS BEEN CRITICISM HERE OF WHAT SOME COMMENTATORS HAVE CHOSEN TO INTERPRET AS A DELIBERATE ATTEMPT TO GET ROUND THE CITES RULES. (MR MAUDE WAS ASKED ABOUT IT IN THE HOUSE ON 11 JULY.) THE SECRETARY

OF STATE HAS SUGGESTED THAT THERE SHOULD BE AN INSPIRED PQ BEFORE THE SUMMER RECESS TO SET THE RECORD STRAIGHT. THIS

SHOULD ENABLE US TO SAY THAT WITH EFFECT FROM THE WITHDRAWAL OF THE RESERVATION, HONG KONG LEGISLATION FULLY REFLECTS THE CITES CONVENTION, AND EVEN IN ONE INSTANCE EXCEEDING CITES

REQUIREMENTS BY SETTING A LIMIT ON THE WEIGHT OF IVORY WHICH CAN

BE LEGALLY TRADED.

*

1

PAGE CONFIDENTIAL