Interdisciplinarity and Ivory

Policy

CHEN Yingwei (May)

PhD in Law, LLM in Law, LLB in Chinese Law

Qualified Lawyer in P.R.C.
Exploring the interdisciplinarities

1st Session: Background 2nd Session: Discussion

Understanding the ivory policy in HK
Introduction: Some enforcement issues
( Policy, Law, Criminology, Psychology)

A conservation policy  a specific piece 30-min small group discussion: What is

of law ( Ecology, Science, Policy, Law) next?
Implementing the law  conservation
goals ( Policy, Law, Regulation, Student Sharing
Sociology, Political Science)

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A warm-up quiz
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 Elephant faces a risk of
extinction.
Elephant poaching
40% of elephant deaths
(illegal killing & hunting)
(Monitoring the Illegal Killing of Elephants Database, 2021)

Increasing consumption
demand in Asia
(Underwood, et al., 2013)
Understanding the ivory policy in HK
• Video
• The Hard Truth – WWF (2018)
https://www.youtube.com/watch?v=Pk7FUMPQeHM
• CNN: Hong Kong’s illegal ivory trade (October 21, 2015)
https://edition.cnn.com/2015/10/21/asia/hong-kong-illegal-ivory-trade/index.html

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 Ivory Trade in Hong Kong
19th to 20th century HK ivory trade was booming.

1960s One of the world‘s largest ivory markets

International ivory trade ban, CITES Domestic license control: Ivory traders can apply for
The ban does not handle pre-convention ivory*.
1990
licenses to sell ivory locally.

A primary concern regarding the poaching of

2013 elephants and illegal ivory trade, CoP16, CITES.

2016 The Legislative Council discussed a proposed plan to

eliminate the local ivory trade.

* Pre-Convention ivory: ivory acquired before the 2018 The Protection of Endangered Species of Animals and
CITES provisions started to apply to elephants. Plants (Amendment) Ordinance 2018, Cap. 586
Asian elephant 1 July 1975
African elephant 26 February 1976
2021 Ban ivory trade (Except antique ivory)
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 Ivory Ban in HK (2018-2021)
Step 1: Ban the import and re-export of all elephant hunting trophies and
2018.05 those remaining post-Convention ivory; Aggravating the penalties

Step 2: Ban the import and re-export of pre-Convention ivory (Except antique

2018.08 ivory) Allow some licensed ivory traders (still within the licensed period) to apply to
continue local ivory sales.

2021.12.31 Step 3: Ban the possession for commercial purposes of all ivory
(Except antique ivory) All licences to possess ivory expired on or before December 30.

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Table 1. Penalties under the 2018 Amendment
Summary conviction 簡易程序罪行
Appendix I species a fine of $5,000,000 and imprisonment for
2 years
Appendix II & III species a fine of $500,000 and imprisonment for 1
year
Conviction on indictment 可公訴罪行
a fine of $10,000,000 and imprisonment
for 10 years
a fine of $1,000,000 and imprisonment
for 7 years

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Year 2015 2016 2017 2018 2019 2020
Ivory smuggles cases No. 105 41 64 55 23 2
Seizure Ivory weight (kg) 1600 530 7300 372 2058 0.07
Translated from HK01 News, data from AFCD (Agriculture, Fisheries and Conservation Department)

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 Understanding the ivory policy in HK
1. The conservation goals of the ban? ( conservation policy, law)
Strengthen the control of the ivory trade
Reduce illegal ivory trade
Support and dovetail with international efforts and practices to protect elephants
Elephant conservation

 Other policy goals? (e.g. International Public Relations )

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 Understanding the ivory policy in HK
2. Why do people follow the ban? ( sociology, criminology, psychology)
How law influences behaviour? What factors could affect people following the rules?
To avoid legal consequences and sanctions Legal sanctions influence behaviour.
Legal duty democratically decided; a social contract.
Moral responsibility Elephant Protection
Conservation values  Elephants are important ecosystem engineers and help
protect biodiversity.

 Why do people buy ivory? (e.g. Anthropology: customs; sociology: power

status and wealth)

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You have good goals, but how to make them real?
What are the challenges to achieving these goals?

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How scientists can use their research outcomes to influence policy?
Ecology & Conservation science, policy and law
Science-based policy

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Coristine, L. E., et al (2014). A conceptual framework for the emerging discipline of conservation physiology. Conservation Physiology, 2(1), cou033.
How scientists can use their research outcomes to influence policy?
Ecology & Conservation science, policy and law
Policy-making Process/
Law-making Process Review the
evidence
Translate
(new)
Monitor
evidence
progress
into (new)
policy

Implement Appraise
the chosen these
option options

Assess
Decide on
risks and
one
uncertainti
option
es
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Paul S. Monks (2013) Turning science into policy, https://www.envchemgroup.com/turning-science-into-policy.html
Conservation policy Legal Rules
Part I. Science  policy-/law-making
1. Who should be involved in the policy-/law-making?
( Public Policy: multi-stakeholder participation,
governance  )
Policy-/law-makers;
The Environment Bureau, AFCD;
Academia/Scientists;
NGOs, like WWF, Wildlife;
Ivory traders and manufacturers.

Legco Discussion Video: WWF The Hard Truth

https://www.youtube.com/watch?v=XvmIV_-fJOA
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Conservation policy Legal Rules
2. How biological conservation evidence
Review
supports policy-making? ( Ecology, the
evidence*
Science, Policy) * Translate
(new)
Monitor
evidence
progress*
into (new)
policy*

Implemen Appraise
t the these
chosen options*
option*

*Important to have scientists involve

**Vital to have scientists involve Assess
Decide
on one risks and
uncertain
option*
ties**
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Conservation policy Legal Rules
Part II. Does ivory policy/ regulation achieve its
conservation goals?
1. Samples of law enforcement actions ( Law and
Regulation)
Inspection
Stock check on registered antique ivory; monitoring the
trade of antique ivory
Interdepartmental collaboration (Customs and Excise
Department, Police Force)
Collaborative enforcement actions with overseas
enforcement agencies
Management of seizure ivory: Stock check, reporting the use 17
 Conservation policy Legal Rules
Part II. Does ivory policy/ regulation achieve its conservation goals?

2. What special enforcement skills/resources are required to implement the

ban?
Staff training to determine the age of ivories by radiocarbon dating
Sniff dog program to assist in detecting and preventing the smuggling of
ivory

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Conservation policy Legal Rules
3. Public Education for effective implementation
( Sociology: Public Participation; Political science: Civic education)
Informing the knowledge of the ivory ban
Signalling the government’s attitude against the ivory trade
Promoting public awareness of illicit ivory issues and elephant
protection
Reducing Consumer Demand for Ivory
Stimulating public support and participation in the achievement of
trade ban objectives and, ultimately, the conservation goals
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1st Session: Exploring the interdisciplinarities in ivory policy
The policy background ( Conservation Science and Policy, Law, Political Science)

The ivory policy The conservation goals? ( Conservation Policy, Law)

Why do people follow the ban? ( Sociology, Criminology, Psychology)

Science interacts with law Who should be involved in the decision-

Conservation science making? ( Public Policy)
impacting policy-making
How conservation evidence supports policy-
making? ( Ecology, Science and Policy)

The policy achieving Enforcement Actions? Special skills or

conservation goals resources? ( Law and Regulation)
Public education for effective implementation
( Sociology, Political Science)

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Growing Interdisciplinary knowledge and skills

Application,
Review,
Interdisciplinary Assessment,
study & practical Improvement
Think broadly
training 21
2nd Session: Discussion

Intro
Group Student
Enforcement
Discussion Sharing
Issues

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2nd Session: Discussing the future of the ivory ban
Imagining you are policy-makers or conservation policy researchers,
what will you propose to update the rules? Here are the two main
enforcement issues under the current HK ivory ban.

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After the ivory ban…

VCG—VCG via Getty Images PHOTOGRAPH BY ROBERT ALEXANDER, GETTY IMAGES

• Dealing with the unsold ivory • Woolly Mammoth Ivory Is Legal,

and That’s a Problem for Elephants
JANI HALL (2016) NATIONAL GEOGRAPHIC ‘
Woolly Mammoth Ivory Is Legal, and That’s a Problem for Elephants’
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2nd Session: Discussion

• The unsold ivory: 47.1 tons (declared) by 2021

Hong Kong Ivory Stock and Number of Possession Permits

Ivory Stock (metric tons)

Ivory Stock (metric tons)

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Source: AFCD
2nd Session: Discussion
• Mammoth ivory carving
• Wholly mammoth

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 2nd Session: Discussion

Covering illegal sales of elephant ivory Enforcement difficulties

e.g. Distinguishing methods

The active mammoth ivory market

No specific regulation
Light-handed Enforcement

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 2nd Session: Discussion
Choose one question to discuss with your classmates in the next 30 mins.
Q1: How to manage unsold ivory?
• Licensing control? Making laws to allow gift-giving? Free Exhibition? Or, should the
government buy the ivory (which seems easier)?
Q2: Should the sales of mammoth ivory be banned (a total ban) or legalized?
• The potential for mammoth ivory trade to ‘launder’ illegal ivory trade.
• A substitute for or stimulating the ivory trade?

Things to Consider:
Conservation impact
The enforcement feasibility (resources cost and time)
Compliance willingness among the affected stakeholders (such as previous ivory sellers,
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 We think:

Q1: How to manage unsold ivory?

• Such as, licensing control, making laws to allow gift-
giving and exhibition for free; or, the government
buying the ivory

Q2: Should the sales of ivory antique and mammoth

ivory be banned?
• The potential for ivory antique trade to ‘launder’
illegal ivory trade.
• The potential for the mammoth ivory trade to
substitute or stimulate the ivory trade.
https://www.menti.com/al34q1oh1hsq
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My experience with interdisciplinary methods
• A lawyer must engage in interdisciplinary work.

• Lawyering to academic research

• Problem-solving, service, people-person
• From a practical perspective, reflection

• Extending law research to an ivory policy research project

• Different academic culture: teamwork, sharing knowledge
• Translating legal terms, presenting figures, the key message, and concise
• Be ready for challenges; enjoy the excitement
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Thank
you

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