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LCQ22: Regulation of ivory possession and trade
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     Following is a question by Dr the Hon Elizabeth Quat  and a written reply by the Secretary for the Environment, Mr Wong Kam-sing, in the Legislative Council today (February 11):

Question:

     The international trade in ivory has been banned by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) since 1990.  Ivory legally imported before the ban (pre-Convention ivory) may not be re-exported for commercial purposes, but may be traded locally in Hong Kong if they have been registered with the Agriculture, Fisheries and Conservation Department (AFCD) and are kept under a valid Licence to Possess (Possession Licence) issued by the AFCD.  According to a recent study carried out by leading elephant experts, 100 000 elephants in Africa were illegally killed for their ivory tusks between 2010 and 2012.  If nothing is done, the African elephant species might become extinct within our lifetime.  According to media reports, Hong Kong has been highlighted time and again as an important transit and consumption hub for illegal ivory, and the legal ivory trade is cloaking a parallel illegal trade in ivory poached from illegally killed African elephants.  Wildlife conservation groups have called for the Government to review and reform its licensing and control system on ivory possession and trade. In this connection, will the Government inform this Council:

(1) given that the Government decided in 2014 to dispose of the confiscated ivory in its stockpile by incineration in batches, of (i) the weight and the number of batches of ivory disposed of since May 15, 2014, (ii) the weight and the number of batches of ivory to be disposed of, and (iii) the anticipated completion date of the disposal of the entire stockpile;

(2) as some wildlife conservation groups have pointed out that a large quantity of small pieces of ivory (e.g. trinkets and jewelry) are on the local market but many of which have not been attached with certification, of the AFCD's measures to ascertain if such ivory products come from pre-Convention stock rather than poached elephants; whether such measures include the employment of updated technology (including DNA analysis and bomb curve dating using radioactive isotopes); if they do not, of the reasons for that;

(3) whether it will consider raising the maximum penalty for ivory trafficking offences in sections 5 and 10 of the Protection of Endangered Species of Animals and Plants Ordinance (Cap 586), from imprisonment for two years and a fine of $5 million to imprisonment for six years and a fine of $15 million; if it will not, of the reasons for that;

(4) as the Director of Agriculture, Fisheries and Conservation indicated in his letter to me dated August 22, 2014 that from 2011 to 2013, 42 persons had been convicted of smuggling ivory, of the full details of such cases, including the names, ages and nationalities of the convicted persons, the provenance of the seized ivory, the destinations for the ivory, and the weight of ivory seized; if such information cannot be provided, of the reasons for that;

(5) as some wildlife conservation groups have pointed out that the quantity of registered ivory stock under Possession Licences in recent years should have decreased swiftly with the marked increase in the number of mainland visitors to Hong Kong, whether the Government will explore why the ivory stock barely moved from 116.5 to 117.1 tonnes between 2011 and 2013;

(6) of the weight of the registered ivory stock in each year between 1989 and 2014 and set out in a table the breakdown by (i) whether or not the ivory was pre-Convention ivory, (ii) whether or not the ivory was imported before elephant was listed in CITES Appendix I, and (iii) the purpose of transaction listed in the Possession Licence application form;

(7) as a wildlife conservation group has uncovered that over 20 shops in Hong Kong without Possession Licences illegally displayed ivory for sale in 2014, whether the AFCD will immediately implement measures to curb these illegal activities, including (i) announcing a moratorium on all new Possession Licences, (ii) cancelling inactive Possession Licences, and (iii) removing "Commercial" from the list of "Codes for Purpose of Transaction" in the Possession Licence application form; if it will not, of the reasons for that;

(8) as a list of the retail stores and factories engaged in the processing and sale of ivory (with names and addresses) on the Mainland is posted on the web site of the relevant mainland authorities, which is updated biennially, whether the AFCD will follow such practice and arrange to make public the current list of 447 holders of Possession Licences in Hong Kong together with their names and addresses, so that the media and wildlife conservation groups can better assist in uncovering illegal activities of ivory traders; and

(9) whether the Government will consider afresh imposing a comprehensive ban on all ivory sales in Hong Kong; if it will not, of the reasons for that?

Reply:

President,

     The Government of the Hong Kong Special Administrative Region is committed to the protection of endangered species and implements the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) through vigorous enforcement of the Protection of Endangered Species of Animals and Plants Ordinance, Cap 586 (the Ordinance), the local legislation that gives effect to CITES.  The Agriculture, Fisheries and Conservation Department (AFCD) and the Hong Kong Customs and Excise Department have been working closely to combat smuggling of elephant ivory.

     Hong Kong has put in place a strict regulatory system to control the import, re-export and domestic sale of ivory under the Ordinance.  The control regime in respect of trade in endangered species, including elephant ivory, is in line with CITES and is comparable to other countries.

     The reply to the questions raised by the Member is as follows:

(1) Since May 2014, 11 batches of ivory totalling about 15 tonnes have been disposed of by incineration.  The ivory disposal exercise is anticipated to be completed around mid-2015.

(2) In collaboration with an overseas forensic laboratory, the AFCD has provided samples of ivory from ivory seizures to the laboratory for DNA testing to trace the origin of the ivory.  We have also recently started exploring the feasibility of using new technology (e.g. carbon dating for testing the "age" of ivory) to assist in our inspection and enforcement work.

(3) The maximum penalty for illegal import, export or possession of a highly endangered species, including elephants, for commercial purposes is a fine of $5 million and imprisonment for two years.  The seized specimens will be automatically forfeited upon conviction.  The penalty is considered appropriate and reflected the importance Hong Kong attached to combating illegal trade in endangered species.

(4) Given the wide range of information requested, we cannot list out the information in detail.  In general, the penalty of the 42 convicted cases ranges from a fine of $2500 to eight month imprisonment.  The weight of the seize ivory varies from 0.8kg to 102.8kg.  Such convicted cases involve ivory from different countries, the majority of which are ivory-generating places and to various cities in this region.  We are seeking the advice of relevant departments on whether personal particulars and other details of offenders can be released.

(5) The international trade (i.e. import and re-export) in ivory has been banned since 1990, and it is an offence for a tourist to re-export out of Hong Kong any ivory, except for pre-Convention ivory under licence, acquired in Hong Kong.  There is no correlation between the quantity of registered ivory stock under Licences to Possess and the number of tourists to Hong Kong.

(6) The quantity of ivory which was imported legally and in compliance with CITES provisions into Hong Kong prior to the listing of African elephant in CITES Appendix I, and registered with the AFCD for commercial purposes is shown in Annex.

(7) to (9) Applications for licences to possess ivory for commercial purposes are strictly scrutinised by the AFCD in accordance with relevant CITES provisions. Having gone through the required vetting process, the concerned ivory is covered by Licences to Possess such that the related commercial trade within Hong Kong is allowed.  This arrangement is in compliance with the CITES provisions and relevant guidelines.  Hong Kong's control over domestic trading of ivory is comparable to other countries.  We will continue our efforts on enforcing the CITES requirements and public education.  There is currently no plan to ban all ivory trade.

     As any person keeping ivory stock for commercial purposes is required under the Ordinance to apply for a Licence to Possess, it would not be appropriate to delete "commercial" from the list of "Codes for Purposes of Transaction" in the application form of Licence to Possess.  That said, the AFCD would only issue Licences to Possess for ivory acquired in compliance with CITES provisions and registered in 1990.

     The Government has also evaluated thoroughly the request of making public a list of holders of Licences to Possess for ivory and considered the existing regime to be effective in combating the illegal wildlife trade. The licensed keeping premises of endangered species are subject to inspection by officers of the AFCD.  Moreover, making public such a list would involve disclosure of personal information and those related to the business of the licensees, which is considered inappropriate.  The disclosure of keeping premises of ivory, be it a shop or a storage place, may arouse security concern from the licensees.  As such, it is not appropriate to make public a list of holders of Licences to Possess for ivory.  At present, members of the public who suspect that someone is undergoing illegal trading activities in ivory could report to the AFCD for investigation.

Ends/Wednesday, February 11, 2015
Issued at HKT 15:40

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