Source: Hong Kong Government special administrative region – 4
Following is a question by the Hon Elizabeth Quat and a written reply by the Secretary for Environment and Ecology, Mr Tse Chin-wan, in the Legislative Council today (April 1):
Question:
It has been reported that there are notable discrepancies between Hong Kong’s import and export data for certain species regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), such as Podocnemis unifilis (yellow-spotted river turtle) and Anguilla anguilla (European eel), and there are views that there may be loopholes in the transparency and regulatory regimes governing trade in endangered species. In this connection, will the Government inform this Council:
(1) given that, according to the data from the CITES Trade Database, Hong Kong imported nearly 3 million yellow-spotted river turtles but re-exported only around 5 000 between 2015 and 2023, and that this species is not commonly found in local pet shops, whether the authorities are aware of the whereabouts of those yellow-spotted river turtles that were not exported;
(2) according to data from the CITES Trade Database, Morocco exported 4 500 kilograms of captive European eel to Hong Kong in 2021, but the figure shown in Hong Kong’s import records was 4 750 kilograms, representing a discrepancy of 250 kilograms; given that Hong Kong has no eel farms, whether the authorities have a clear understanding of the flows and uses of these European eels;
(3) regarding the discrepancies between import and export data for the species involved in (1) and (2) above, whether the authorities will conduct a follow-up investigation to ascertain the reasons;
(4) given views that the data search function of the CITES Trade Database is not easy to use, whether the authorities will consider providing a platform or search engine that is simpler and easier to use than the CITES Trade Database for members of the public to access data on the trade flows of endangered species via Hong Kong;
(5) under sections 18 and 21 of the Protection of Endangered Species of Animals and Plants Ordinance (Cap. 586) (the Ordinance), a person may import or have in his possession or under his control a specimen of an Appendix II species if he can prove that the species is “not” a live animal or plant “of wild origin”; how the authorities define a live animal that is “not of wild origin” (for example, whether endangered wild species that have been taken from the wild and reared in captivity are included); whether the Government will consider amending the Ordinance to prevent lawbreakers from engaging in illegal trade while exploiting the “not of wild origin” provision to circumvent the Ordinance; and
(6) whether the authorities will consider amending the Ordinance to include species that are “not of wild origin” into the possession permit system and introduce unique identifiers (such as microchips or labels) to track the origins and flows of endangered species, thereby ensuring that Hong Kong fulfils its conservation obligations as a CITES contracting party?
Reply:
President,
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) establishes regulatory principles for international trade in endangered species. According to the degree of endangered status, CITES classifies and lists species in Appendices I, II and III. The Government has been implementing CITES through the Protection of Endangered Species of Animals and Plants Ordinance (Cap. 586) (the Ordinance). The Ordinance stipulates the requirements for Licence to Import and Licence to Possess administered by the Agriculture, Fisheries and Conservation Department (AFCD) to strengthen the regulation of trade in endangered species. In response to the questions raised by Hon Elizabeth Quat, we reply as follows.
(1), (2) and (3) The Yellow-spotted River Turtle (Podocnemis unifilis) and the European Eel (Anguilla anguilla) are Appendix II species listed to CITES. According to the Ordinance, their export must be accompanied by an export permit issued by the place of export, which should specify the source of the specimens. If the specimens are taken from the wild, a Licence to Import issued by the AFCD is also required for their import. In addition, any person who possesses such specimens for commercial purposes is required to hold a Licence to Possess issued by the AFCD. According to records of the AFCD, there were approximately 2.88 million Yellow-spotted River Turtles imported into Hong Kong between 2015 and 2023, and about 85 000 individuals re-exported during the same period. In 2021, Hong Kong imported a total of 4 750 kilograms of European Eels from Morocco. All the specimens mentioned above were captive animals as indicated on the export permits, and thus no Licence to Import or Licence to Possess issued by the AFCD was required. Nevertheless, AFCD officers conduct inspections of these imported Yellow-spotted River Turtles and European Eels to ensure that they were consistent with the information stated in the export permits (such as quantities and species) issued by the place of export before allowing their legal import and re-export.
The above-mentioned Yellow-spotted River Turtles and European Eels were all legally imported into Hong Kong. Concerning legally imported CITES specimens, CITES does not require tracking of their subsequent movement. Since the above imported specimens were all captive animals, the importers were not required to obtain Licence to Import or Licence to Possess issued by the AFCD, and thus the AFCD does not keep records on their subsequent movement. Notwithstanding this, the AFCD and the Hong Kong Customs and Excise Department maintain high vigilance and work closely together, conducting joint operations at various control points to strengthen cargo inspections, including using technology, to combat the smuggling of endangered species. Regarding the discrepancies of trade data on European Eels recorded in the CITES Trade Database, the AFCD had consulted the CITES Management Authority of Morocco and the CITES Secretariat, and was informed that Morocco had submitted erroneous trade records. The CITES Secretariat has then rectified the relevant record.
(4) The CITES Trade Database is the most comprehensive global repository of data on international trade in flora and fauna species. Established in 1975, the database contains official trade records submitted by the Parties in their annual reports made in accordance with the requirements of the CITES. It fully provides an overview of international trade in species conducted within the framework of CITES. The CITES Trade Database also provides detailed user guidelines for users’ reference, which are available at trade.cites.org/cites_trade_guidelines/en-CITES_Trade_Database_Guide.pdf. Currently, the Government has no plan to develop another platform or search engine for trade data of endangered species outside the CITES Trade Database. Members of the public who wish to obtain trade data on the import and export of endangered species in Hong Kong may contact the AFCD directly for information.
(5) The Ordinance only requires Licence to Import or Licence to Possess issued by the AFCD for all Appendix I species (regardless of whether they are taken from wild or captive), and for wild specimens of Appendix II species (excluding those captive) for commercial purposes. That said, sections 18 and 21 of the Ordinance also stipulate that any person who imports or possesses live specimens of Appendix II species, even if claimed to be captive, must provide documentary proof, such as an export permit issued by the place of export, to substantiate that the specimens are not taken from the wild, hence exempted from the requirements for obtaining Licence to Import or Licence to Possess issued by the AFCD. Otherwise, the person concerned would commit an offence. In this regard, the AFCD conducts inspections and requests those persons possessing captive Appendix II specimens to provide proof. There were successful prosecutions against offenders in the past. Therefore, unscrupulous traders cannot evade regulation by falsely claiming wild-caught specimens as captive ones under the existing control regime.
(6) Under the Ordinance, any person who possesses live specimens of Appendix I species or Appendix II species of wild origin for commercial purposes must obtain a Licence to Possess issued by the AFCD. The existing licensing requirement under the Ordinance strikes a balance between species conservation and operational needs of the trade. The Government has no plan to extend the licensing requirement to other live animal or plant species at this stage. As regards the implantation of unique identification tagging in live animals, it is generally required to be carried out during the captive-breeding process in the place of export in order to enable effective traceability of origin. For instance, CITES stipulated that specimens of Appendix I species bred in registered captive-breeding facilities must bear unique identifiers before they can be traded internationally. The AFCD has been strictly enforcing the relevant provisions of CITES. All Appendix I animals imported into Hong Kong (for example Asian Arowanas and Radiated Tortoises) must be implanted with tagging in their place of export, and all tag numbers must be submitted to the AFCD when applying for Licence to Import and Licence to Possess. AFCD officers will scrutinize the tags upon importation to verify the origin of the animals.