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(2003) Pt.11 LEGISLATIVE COUNCIL BRIEF Animals and Plants

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File Ref: ETWB 9/55/25/01 (2003) Pt.11 LEGISLATIVE COUNCIL BRIEF Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187) ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES) (EXEMPTION) (AMENDMENT) ORDER 2004 ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES) ORDINANCE (AMENDMENT OF SCHEDULES) NOTICE 2004 INTRODUCTION At the meeting of the Executive Council on 13 January 2004, the Council ADVISED and the Chief Executive ORDERED that the Animals and Plants (Protection of Endangered Species) (Exemption) (Amendment) A Order 2004 (the Amendment Order), at Annex A, should be made under section 18 of the Animals and Plants (Protection of Endangered Species) Ordinance (the Ordinance) to exempt the possession or control of certain scheduled species from the licensing requirement under section 6 of the Ordinance. 2. At the same time, the Secretary for the Environment, Transport and Works has made the Animals and Plants (Protection of Endangered Species) Ordinance (Amendment of Schedules) Notice 2004 (the Notice), B at Annex B, under section 19(1A) of the Ordinance to amend Schedules 1 and 3 and the Sixth Schedule to the Ordinance mainly to bring more species under the control of the Ordinance. JUSTIFICATIONS 3. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which has been extended to Hong Kong since 1976, aims to regulate international trade in endangered species to protect wildlife from over exploitation/extinction. It requires that the import and export of the species listed in its appendices including their readily recognizable parts and derivatives be subject to licensing controls. The Parties to CITES meet every two years to, among other things, review and amend, the controlled species listed in its appendices if necessary. 4. The Ordinance gives effect to CITES in Hong Kong. The endangered species including their parts and derivatives which are listed in the Appendices to CITES are specified in the Schedules to the Ordinance. The Ordinance provides that, except those with exemptions, a licence issued by the Director of Agriculture, Fisheries and Conservation is required for the import, export or possession of all scheduled species. Some control measures, especially in respect of import of scheduled species other than the highly endangered species and possession of all scheduled species, are in excess of CITES requirements. They were drawn up for the purpose of combating smuggling. Under Section 18 of the Ordinance, the Chief Executive may, by order published in the Gazette, exempt any scheduled species from the licensing requirements. The Animals and Plants (Protection of Endangered Species) (Exemption) Order (Cap.187 sub. leg. A) (“the Exemption Order”) has been made for this purpose. Over the years, a number of exemptions have been made in respect of the “excessive” local controls to cope with public demand and actual operational needs. Changes to the Schedules to the Ordinance and the Exemption Order are regularly made following the revisions of the list of controlled species of CITES. The last similar exercise was conducted in 2001. 5. In November 2002, the parties to CITES reviewed and amended the species listed in the Appendices to CITES. To implement these changes, we need to revise the Schedules to the Ordinance through a Notice made by the Secretary for the Environment, Transport and Works under section 19(1A) of the Ordinance. 6. We propose to amend the Exemption Order concurrently to exempt from the licensing requirement the possession or control under section 6 of the Ordinance of the species listed below, which are considered less endangered - (a) Rhincodon typus (Whale Shark); (b) Cetorhinus maximus (Basking Shark); (c) Hippocampus species (Seahorses) (excluding live animals); and (d) Swietenia macrophylla (Bigleaf Mahogany). 2 The proposed exemptions will facilitate legitimate trade in those species without compromising Hong Kong’s obligations under CITES. THE NOTICE 7. The Notice amends Schedules 1 and 3 and the Sixth Schedule to the Ordinance to reflect the amendments made to the Appendices to CITES at the 12th Conference of the Parties meeting held in November C 2002. The provisions to be amended are at Annex C. THE AMENDMENT ORDER 8. The Amendment Order extends the list of species, the possession or control of which is exempted from the licensing requirements in the Ordinance by including therein the species set out in paragraph 6 above. D The provisions to be amended are at Annex D. LEGISLATIVE TIMETABLE 9. The legislative timetable will be - Publication in the Gazette 21 January 2004 Tabling at the Legislative Council 4 February 2004 IMPLICATIONS OF THE PROPOSALS 10. The economic implications of the proposals are set out at Annex E E. The proposals are in conformity with the Basic Law, including the provisions concerning human rights. They have no financial, civil service, productivity or environmental implications, and have no significant sustainability implications. 11. The Notice and the Amendment Order do not affect the current binding effect of the Ordinance or its subsidiary legislation. PUBLIC CONSULTATION 12. We have consulted the Endangered Species Advisory Committee and the Endangered Species Protection Liaison Group. Representatives of the trades concerned, viz. traditional Chinese medicines (TCM) traders 3 and practitioners, bird traders, turtle traders, timber traders, plant traders and dried food and marine product (including shark fin) traders have also been consulted. They in general have no objection to the changes to be made to the list of controlled species on the understanding that they are required under CITES and that trade in the species will still be allowed with valid licences. They welcome the proposed exemptions as this will facilitate trade in the species concerned. PUBLICITY 13. The Notice and the Amendment Order will be published in the Gazette on 21 January 2004. A press release will be issued on 19 January 2004 and a spokesman will be available to handle enquires. ENQUIRY 14. Any enquiry of this brief should be directed to Ms Jessie WONG, Principal Assistant Secretary (Environment and Transport) on telephone 2136 3288 or fax 2136 3321. Environment, Transport and Works Bureau 19 January 2004 4 Annex A ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES) (EXEMPTION) (AMENDMENT) ORDER 2004 (Made under section 18 of the Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187) after consultation with the Executive Council) 1. Commencement This Order shall come into operation on a day to be appointed by the Secretary for the Environment, Transport and Works by notice published in the Gazette. 2. Exemption in respect of possession or control of skin, corals, etc. Paragraph 9 of the Animals and Plants (Protection of Endangered Species) (Exemption) Order (Cap. 187 sub. leg. A) is amended – (a) in subparagraph (zq), by repealing “or”; (b) in subparagraph (zr), by repealing the full stop and substituting a semicolon; (c) by adding – “(zs) Rhincodon typus (Whale Shark); (zt) Cetorhinus maximus (Basking Shark); (zu) Hippocampus species (Seahorses) (excluding live animals); or (zv) Swietenia macrophylla (Bigleaf Mahogany).”. Chief Executive 2004 2 Explanatory Note This Order amends the Animals and Plants (Protection of Endangered Species) (Exemption) Order (Cap. 187 sub. leg. A) to exempt certain species from the restriction imposed by the Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187) on the possession or control of scheduled species. Annex B ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES) ORDINANCE (AMENDMENT OF SCHEDULES) NOTICE 2004 (Made under section 19(1A) of the Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187)) 1. Commencement This Notice shall come into operation on a day to be appointed by the Secretary for the Environment, Transport and Works by notice published in the Gazette. 2. Scheduled Animals Schedule 1 to the Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187) is amended – (a) in Part 1, under the subheading “CHORDATA”, in the category “Mammalia (Mammals)”, in the order “PERISSODACTYLA”, in the family “Equidae”, in column 2, by repealing – “Equus africanus (=asinus)” and substituting – “Equus africanus (excluding animals of the domesticated form, which is referred to as Equus asinus)”; (b) in Part 1, under the subheading “CHORDATA”, in the category “Reptilia (Reptiles)” – (i) in the order “TESTUDINATA”, by adding – “Platysternidae Platysternon Big- megacephalum headed Turtle” after – 2 “Dermatemydidae Dermatemys Central mawii American River Turtle”; (ii) in the order “TESTUDINATA”, in the family “Emydidae” – (A) by repealing – “ Kachuga tecta Indian Roofed (=Kachuga tecta Turtle”; tecta) (B) by adding – “Annamemys Annam Leaf annamensis Turtle” before – “Batagur baska Batagur”; (C) by adding – “Heosemys depressa Arakan Forest Turtle Heosemys grandis Giant Asian Pond Turtle Heosemys leytensis Leyte Pond Turtle Heosemys spinosa Spiny Turtle Hieremys Yellow- annandalii headed Temple Turtle Kachuga species Roofed Turtles Leucocephalon Sulawesi yuwonoi Forest 3 Turtle Mauremys mutica Yellow Pond Turtle” after – “Geoclemys Black Pond hamiltonii Turtle”; (D) by adding – “Orlitia borneensis Bornean River Turtle Pyxidea mouhotii Keeled Box Turtle Siebenrockiella Black Marsh crassicollis Turtle” after – “Morenia ocellata Burmese Yellow Turtle”; (iii) in the order “TESTUDINATA”, in the family “Trionychidae”
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