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Danny Lee

A ban on Hong Kong’s domestic elephant ivory trade could be enforced in two years, ahead of the government’s preferred 2021 deadline, a leading green group has said.
A legal and policy analysis commissioned by the World Wildlife Fund Hong Kong said a phasing out of commercial sales of elephant tusks could be implemented sooner without risking a protracted legal fight with the trade and existing laws meant businesses were not eligible for compensation.
Controversial ivory trade to continue for five more years before full ban imposed
The report said Chief Executive Leung Chun-ying could begin to follow through with his pledge to halt sales of commercial ivory before his current term ends next June.
The report was produced by a global team of lawyers from Global Rights Compliance LLP.
It said a two-pronged approach could be adopted to tackle ivory stocks from before 1991, when a worldwide trading ban was imposed.
The green group said the Agriculture, Fisheries and Conservation Department could first stop issuing licences that gave traders the right to sell or purchase ivory obtained between 1976 and 1990.
The second stage would involve amending legislation to ban stocks acquired before 1976, for which no licence is needed.
Making the ivory trade extinct: CY Leung’s call for Hong Kong ban hailed by conservation groups, slammed by local traders
Cheryl Lo, senior wildlife crime officer at WWF-Hong Kong, said: “Legally the ban can be done in two years. Making it five years would be [due to] political reasons. We would be supportive of five years but the sooner the better. We would encourage Legco to support this proposal, so that the ban can come into place before 2021.”
A ban could be implemented as early as 2018, she added.

WWF-HK said the government was concerned that a faster timeline could risk a backlash from pro-business lobby groups and could stifle legislative action. “They don’t want to risk the bill backfiring in Legco. That’s why they estimate a longer grace period,” Lo said.
On the more contentious issue of existing ivory stocks, the green group agreed that no compensation was needed based on a reading of the Basic Law provision that protects private property unless compensation is paid. .
The group said stocks would not be seized. “We are just taking away the right to sell it, so this is not physical seizure,” Lo said. All titles would remain with the ivory trades or owners, she said.
Hong Kong’s ivory traders don’t deserve any compensation
In a final argument, WWF-HK said the authorities were not depriving owners of the right to use their property, meaning that traders could think of other ways to use the ivory without selling it.
“After all the court cases and legal precedents, we do not believe this ivory ban is recognised as a ‘taking’ claim,” the group concluded. “That’s why we think it doesn’t infringe on the Basic Law rights of private owners.”
A paper due to be discussed by a Legislative Council panel revealed that the government planned initially to ban the import and re-export of hunting trophies and ivory carvings, followed by a ban on trade in antique ivory and finally total prohibition of all sales.
The government said that it had to give traders reasonable time to transform their businesses and for licences to expire. As such, it said compensation should not be provided.
Daniel Chan Chun-bo, an ivory dealer, criticised the Agriculture, Fisheries and Conservation Department and environmental groups over the plan.
“We have licences for the ivory. It does not make sense legally to take this away from us. Would you take away the identity card of a person say 20 years after his birth,” Chan asked.
The report cited the government, which in 2006 banned backyard poultry and racing pigeons over avian influenza fears. The administration first asked operators to surrender their birds on a voluntary basis, but his did not work and legislation was then put in place.
After a judicial review, judges upheld the legality of the ban and ruled that the action did not constitute interference with property rights.
Additional reporting by Peace Chiu


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Green group WWF-HK wants all ivory trading to stop in 2018. Photo: Dickson Lee

Ivory carvings, decorations and crafts is seen from a window displayed at the Chiu Wah Company on Hollywood Road in Sheung Wan. 16JUL15

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Hong Kong

Health & Environment

Government comes under fire over its proposal for a five-year transition before full ban comes into effect in 2021


Hong Kong green group urges government to bring forward total ivory ban to 2018

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}Government comes under fire over its proposal for a five-year transition before full ban comes into effect in 2021

Government comes under fire over its proposal for a five-year transition before full ban comes into effect in 2021