Strengthening the combat against the crime of wildlife smuggling  （2015/12/03）

President, the Chinese character for "elephant" (象) is a pictograph, created in the shape of an elephant, it first appeared in oracle bone script. At present, Yunnan is the only place on the Mainland where elephants can be seen. But according to archaeologists, a few thousand years ago, the home range of elephants in China was very extensive, with most of them inhabiting the area of Henan on the central plains of the Yellow River basin. The one-character abbreviation of Henan Province is "豫", the original meaning of which is also related to elephants.

Rhinos were not a rare or exotic species in ancient China. In the Shang Dynasty over 3 000 years ago, it was very common to see rhinos in the wild, which were as common as rabbits in the field. However, due to climate change and increasing human demand for ivory and rhino horns, and after mass and unrestrained killings, the numbers of elephants and rhinos have been dwindling, and the last rhino in China was even slain in 1957. From this we can see that if the situation remains unchecked, it will probably not be long before some other wild animals become extinct.

The Chinese people's penchant for animal items such as ivory, rhino horns and bear gall bladders dates from ancient times. Ivory can be carved into works of art, and rhino horns and bear gall bladders can be used as medicines. That is why they have been highly desired by royalty, aristocrats and very wealthy people since time immemorial, and are still in great demand on the market today. Even though some species have been wiped out locally, the users have not reflected on what they have done, but have made things worse by trying to jack up the prices of such animal items to reap profits, and switching to importation from overseas to increase supply.

In recent years, on the back of a booming Chinese economy, there has been huge demand for wild animal items such as ivory, rhino horns, fish maws, bear gall bladders and animal hides among bigwigs and even middle-class Chinese people, including overseas Chinese, indirectly fuelling illegal poaching activities in the places of origin of these animals. If this is not stopped, even though wild animals are still seen everywhere in their places of origin today, they will end up like Chinese rhinos one day, failing to escape the fate of extinction. African elephants are a good example. Surging demand has led to rampant poaching over the past few years. I am grateful to Dr Elizabeth QUAT for moving this motion, as it is indeed necessary to protect endangered wildlife.

Under the laws of Hong Kong, it is legal for ivory products from the stockpile registered with the Hong Kong Government before 1990 to be used domestically and sold, but they may not be re-exported for trading purposes. Ivory carving is an ancient Chinese traditional art, and exquisite ivory carvings are very popular among collectors. Given that many ivory handicrafts regarded as antiques are in circulation, and those intended as home decorations also have a niche market, a total ban on the trading of ivory products across the board would affect the industry and the livelihood of its workers. The current system for the legal sale of registered ivory is a reasonable arrangement.

Hong Kong's ivory trade is being criticized and questioned because of the illegal sale of ivory products by unscrupulous traders. A survey by an animal concern group finds that trading in ivory products in Hong Kong is very active. But according to the statistics on ivory registered with the Agriculture, Fisheries and Conservation Department, the current ivory stockpile has a size of about 111.3 tonnes, which has seen no significant decrease over the past four years. So it cannot be ruled out that ivory has been brought into Hong Kong via illegal channels, and such new ivory has been laundered and passed off as old ivory by unscrupulous traders before being smuggled into the Mainland for sale.

A recent report points out that Hong Kong has become the third largest ivory smuggling hub after Kenya and Tanzania. As Hong Kong is a renowned international city, if the contents of the report are true, Hong Kong's reputation will be greatly damaged. At a time when different countries are joining hands to protect endangered animals, Hong Kong must not sit on its hands. We should endeavour to identify loopholes, and we cannot continue allowing Hong Kong to degenerate into a smugglers' paradise.

In view of the aforesaid situation, I propose that the Government should first commence a serious investigation, conduct a detailed study on the size of the registered ivory stockpile, and trace the flow of ivory to ascertain whether it has really been laundered. Now, the authorities have adopted radiocarbon dating and DNA testing technologies to determine the age of ivory. The authorities should make more use of these technologies in conducting spot checks to step up testing, with a view to cracking down on the trading of new ivory. It seems that the current efforts are still unsatisfactory.

Secondly, the authorities should review the existing penalties to increase the deterrent effect. At present, for the crime of smuggling endangered species of animals and plants for illegal trading, the maximum penalty in China is life imprisonment, whereas in 2013, the relevant penalty in Japan was raised from imprisonment for one year to imprisonment for five years. Yet, under the laws of Hong Kong, the maximum penalties for anyone convicted of illegal import, export or possession of ivory are only a fine of $5 million and imprisonment for two years. By comparison, the penalties in Hong Kong are too light. Since the sentences imposed in the past were usually only fines ranging from $20,000 to $60,000 and imprisonment for 10 months, the deterrent effect was limited. The authorities should further increase the penalties.

President, as Hong Kong is directly contiguous with the Mainland, where demand for wildlife products is huge, and given the border-crossing convenience and the many smuggling channels between the two places, it is not enough to rely solely on local enforcement. The Hong Kong Government should enhance its communication with the Mainland authorities in this regard, so as to combat the crime of smuggling.

Thank you, President.