TNAG-2519-FCO40-3677-Application-of-Basel-Convention-on-the-Control-of-Transbound-1992 — Page 8

CONFIDENTIAL

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 2100

OF 120652Z AUGUST 92

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AND TO ROUTINE ASCENSION, GIBRALTAR, ANGUILLA, GRAND TURK AND TO ROUTINE HAMILTON, PLYMOUTH, GRAND CAYMAN, PORT STANLEY AND TO ROUTINE ST HELENA, TORTOLA, TRISTAN DA CUNHA, WELLINGTON

BASEL CONVENTION ON TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES AND THEIR DISPOSAL

1. WE HAVE BEEN PROVISIONALLY ALLOCATED A SLOT IN THE LEGISLATIVE PROGRAMME EARLY NEXT YEAR FOR DOMESTIC LEGISLATION. WE INTEND TO CONSULT CHINESE SIDE A JLG AS SOON AS POSSIBLE ON THE EXTENSION OF THE CONVENTION TO HONG KONG. GRATEFUL FOR YOUR EARLY COMMENTS (BY 26 AUGUST) ON DRAFT SPEAKING NOTE CONTAINED IN THIS TELEGRAM.

2. WE DESIRE TO HAVE OWN DESIGNATED COMPETENT AUTHORITY UNDER ARTICLES 5 AND 6 FOR THE TERRITORY. THIS WILL HELP SAFEGUARD THE HIGH DEGREE OF AUTONOMY PROPOSED FOR HONG KONG SAR FOLLOWING THE REVERSION OF THE TERRITORY TO CHINESE SOVEREIGNTY. WE PROPOSE THAT THE DIRECTOR OF ENVIRONMENTAL PROTECTION BE SO DESIGNATED. GRATEFUL FOR YOUR CONFIRMATION THAT THIS IS ACCEPTABLE.

3. ONCE DOMESTIC LEGISLATION HAS BEEN PASSED WE WILL BE IN A POSITION TO HAVE THE CONVENTION EXTENDED TO US IF THE CHINESE

AGREE.

4. THE FOLLOWING IS THE CONTENT OF THE DRAFT SPEAKING NOTE:

BEGINS

THE BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES AND THEIR DISPOSAL ('THE CONVENTION') WAS PREPARED PURSUANT TO THE UNITED NATIONS ENVIRONMENT PROGRAMME. IT PROVIDES A FRAMEWORK FOR CONTROLLING THE MOVEMENT OF HAZARDOUS WASTES (KNOWN IN HONG KONG AS 'CHEMICAL WASTES') ACROSS INTERNATIONAL BORDERS. ITS OBJECTIVE IS TO PROTECT HUMAN HEALTH HAD THE ENVIRONMENT AGAINST THE ADVERSE EFFECTS WHICH MAY RESULT FROM THE GENERATION AND DISPOSAL OF SUCH WASTES AND LIMIT THEIR MOVEMENT AMONG SIGNATORIES.

PARTIES TO THE CONVENTION MUST ENSURE THAT THE TRANSBOUNDARY

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MOVEMENT OF SUCH WASTES

IS REDUCED TO A MINIMUM AND MUST PREVENT IMPORTS OF SUCH IF THEY HAVE REASON TO BELIEVE THAT THE WASTES WILL NOT BE MANAGED IN AN ENVIRONMENTALLY SOUND MANNER. CONTRACTING PARTIES SHALL SIMILARLY NOT PERMIT SUCH WASTES TO BE EXPORTED OR IMPORTED FROM A NON-PARTY. THEY ARE ALSO REQUIRED ESTABLISH PROCEDURES TO GIVE NOTICE AND CONSENT TO WASTE MOVEMENTS, TO SUBMIT REGULAR REPORTS AND TO ASSIST DEVELOPING COUNTRIES WITH KNOWLEDGE AND FACILITIES FOR WASTE DISPOSAL.

TO

HONG KONG IS COMMITTED TO INTRODUCING CONTROLS IN THIS AREA BOY ENACTING LOCAL LEGISLATION. APPLICATION OF THE CONVENTION TO HONG KONG WILL COMPLEMENT SUCH LEGISLATIVE CONTROLS SINCE OTHER PARTIES TO THE CONVENTION WILL HAVE TO PROVIDE ADVANCE NOTIFICATION OF AND SEEK HONG KONG'S CONSENT FOR ANY EXPORT OR TRANSIT MOVEMENT OF CHEMICAL WASTES INTO THE TERRITORY. IN CASE OF ILLEGAL IMPORTS OR WASTE GENERATORS OF OTHER PARTIES, THE COUNTRIES OF EXPORT WILL HAVE A DUTY TO ENSURE THAT THE WASTES ARE RETURNED TO THE PLACE OF ORIGIN. SINCE NO CHARGE IS IMPOSED FOR WASTE DISPOSAL AT PRESENT IN HONG KONG IT IS PARTICULARLY IMPORTANT TO PREVENT UNCONTROLLED IMPORT OF CHEMICAL WASTE INTO THE TERRITORY FOR 'FREE' DISPOSAL. FURTHER, AS AN INTERNATIONAL TRADE CENTRE, HONG KONG'S PARTICIPATION WILL ENHANCE ITS REPUTATION IN GLOBAL EFFORTS TO PROTECT THE ENVIRONMENT.

THE CONVENTION WAS ADOPTED IN BASEL, SWITZERLAND IN MARCH 1989. THE TWENTY INSTRUMENTS OF RATIFICATION REQUIRED FOR ITS ENTRY INTO FORCE HAVE RECENTLY BEEN OBTAINED AND, IN ACCORDANCE WITH ARTICLE 25, THE CONVENTION CAME INTO FORCE ON 5 MAY 1992. THE UK SIGNED THE CONVENTION ON 6 OCTOBER 1989 AND WILL, ALONG WITH OTHER EC COUNTRIES, RATIFY IT SHORTLY.

IN ACCORDANCE WITH ARTICLES 21-23, THE BRITISH SIDE INTENDS TO EXTEND THE CONVENTION TO HONG KONG. IT PROPOSES, UNDER ARTICLES 5 AND 6, THAT THE DIRECTOR OF ENVIRONMENTAL PROTECTION IN HONG KONG SHALL BE DESIGNATED AS THE COMPETENT AUTHORITY FOR THE TERRITORY. AS EXTENSION OF THE CONVENTION TO HONG KONG WILL CREATE NEW INTERNATIONAL RIGHTS AND OBLIGATIONS AFFECTING HONG KONG SINCE IT IS INTENDED THAT THE CONVENTION SHOULD CONTINUE TO APPLY TO THE HONG KONG SAR AFTER 1997, THE BRITISH SIDE WOULD BE GRATEFUL IF THE CHINESE SIDE WOULD CONSIDER THE MATTER IN ACCORDANCE WITH THE AGREED CONSULTATION GUIDELINES.

ENDS

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