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Following is a question by Hon Chan Hak-kan and a written reply by the Secretary for the Environment, Mr Wong Kam-sing, in the Legislative Council today (November 26):
Question:
The Government has implemented the Convention on International Trade in Endangered Species of Wild Fauna and Flora through the enactment of the Protection of Endangered Species of Animals and Plants Ordinance (Cap. 586). However, it is learnt that at present, Hong Kong remains a hotspot for illegal trading of endangered species, and such illegal trading is increasingly rampant on the Internet. In this connection, will the Government inform this Council:
(1) of (i) the respective numbers of cases of illegal trading of species covered by Cap. 586 which were cracked down by the authorities, (ii) the types, quantities and market values of the species involved in those cases, and (iii) the numbers of persons concerned who were convicted, as well as the maximum and the minimum penalties imposed on them, in each year since 2011; whether there has been an upward trend in the numbers of these cases in recent years; if so, how the authorities will step up actions to curb such illegal activities;
(2) whether the authorities have taken law enforcement actions against the illegal trading of endangered species on the Internet; if they have, of the annual number of prosecutions instituted by the authorities and the penalties imposed on the convicted persons in the past five years; whether the authorities have stepped up publicity and education on the Internet with a view to enhancing public awareness of the protection of endangered species;
(3) of the countries/regions of origin of the endangered species seized by the authorities; whether the authorities have put in place notification mechanisms with the countries/regions concerned and joined hands with them in law enforcement;
(4) of the respective numbers of licences and certificates issued by the authorities for import and export of endangered species in each year since 2011, with a breakdown by type of species; whether there has been an upward trend in these numbers in recent years; if so, of the reasons for that; whether the authorities will consider issuing less of such instruments; and
(5) how the authorities handle the endangered species seized during law enforcement actions?
Reply:
President,
(1) and (2) The Government is committed to the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) through the enforcement of the Protection of Endangered Species of Animals and Plants Ordinance (Chapter 586) (the Ordinance). There was a wide range of endangered species involved in the enforcement actions taken to combat illegal trade in endangered species. The more common species include live tortoise/turtle and snake, reptile leather product, pangolin carcass/scale, ivory and orchid, etc. The statistics on enforcement against illegal trade in endangered species between 2011 and 2014 (up to June) is summarised in Annex I.
With the rigorous measures taken by law enforcement agencies to combat illegal trade in endangered species, the number of seizure and prosecution cases has increased. To combat illegal activities, the Agriculture, Fisheries and Conservation Department (AFCD) will continue to take enforcement actions against illegal trade in endangered species, including import and export control, shipment and shop inspection, and investigation of reported and suspected cases. The Customs and Excise Department (C&ED) and the AFCD will continue to co-operate with overseas and Mainland agencies concerned to combat illegal activities of smuggling endangered species.
The AFCD has also been monitoring online trade of endangered species stipulated in the Ordinance and conducts follow-up investigations on possible contravention of law. In the past three years (2011, 2012 and 2013), the numbers of prosecutions taken involving illegal trade in endangered species on the Internet are 12, eight and nine cases respectively.
The Government keeps in view on and has been taking initiative to contact a number of popular websites/forums involved in online trade in pets, to advise and remind the webmasters of the regulation on trade in endangered species under the Ordinance. Relevant information has also been posted on the AFCD's website: www.afcd.gov.hk/english/conservation/con_end/con_end_info/con_end_info_online/con_end_info_online.html.
(3) As regards prosecution, the endangered species seized were mainly imported illegally from the Mainland China, Ivory Coast, Ethiopia, South Africa, and the United Arab Emirates. To strengthen co-operation with other countries/regions and organisations in combating smuggling of endangered species, the C&ED exchanges information of smuggling cases involving seizure of endangered species (such as quantities of the seized items, smuggling routing and means of transport) with their counterparts in other countries and regions regularly through the World Customs Organisation. The AFCD also reports such cases to the CITES Secretariat and CITES Management Authorities of the countries concerned to assist local law enforcement agencies in initiating investigation and stepping up combat actions against transnational smuggling of endangered species in a timely manner.
(4) The number of endangered species licences/certificates issued by the AFCD in the past five years is set out in Annex II. A wide range of endangered species are involved which cannot be set out in great detail. The more common species include reptile leather product, live tortoises/turtles, live lizards, live parrots, corals and American ginseng etc.
Between 2011 and 2013, the number of endangered species licences/certificates issued by the AFCD per annum has been increasing, mainly due to the increase in consignments of endangered species re-exported from Hong Kong. The AFCD issues endangered species licences/certificates under the Ordinance in pursuance of the CITES guidelines, ensuring that no detrimental effect will be caused to the survival of the species by regulating legitimate trade. As endangered species certified with licences and certificates are legally acquired, issuing less of such instruments would not help in combating illegal trade in endangered species. The Administration will continue to step up enforcement actions against illegal trade in endangered species.
(5) If the illegal specimen seized belongs to a species regulated by the Ordinance, it will be disposed of according to the CITES guidelines. For live animals, the AFCD will seek the advice of the CITES Management Authority of the country of export and send them back to the country of export or the country of origin if deemed appropriate. For animals of a native species, they will be released to a suitable habitat locally if they are diagnosed to be healthy and fit for release. For animals that are not suitable to be returned to the country of export/origin or released to a suitable habitat locally, the AFCD will consider donating them to local or overseas institutes for the purposes of education or scientific research. If the physical condition of an animal is not satisfactory, or it is likely to die or be subjected to unnecessary suffering if kept in captivity, it will be disposed of by euthanasia. Regarding the dead specimens of endangered species, the AFCD will consider donating to other CITES Management Authorities, government bodies, schools or non-governmental organisations for training, education or other purposes that are in line with the CITES or other means of disposal.
Ends/Wednesday, November 26, 2014
Issued at HKT 16:11
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