China still allowing use of pangolin scales in TCM.

The shy and harmless pangolin is becoming increasingly well known for one reason - it is the world’s most trafficked non-human animal. Hundreds of thousands of pangolins are poached annually, killed for a variety of reasons. Despite promises to crack down on a trade that has seen the pangolin populations drop significantly worldwide, the Chinese Government continues to allow the use of pangolin scales for traditional Chinese medicine (“TCM”).

Pangolins are exploited for their meat, which is served as a delicacy or novelty dish in upscale restaurants in countries like China and Vietnam. Their scales are used in Chinese traditional medicines despite there being no evidence of curative effects. This unyielding demand has unfortunately driven the pangolins to threat of extinction. Since 2014, all eight pangolin species have been classified as threatened with extinction on The IUCN Red List of Threatened Species [1] [2], and all eight species are also protected under Appendix I of Convention on International Trade in Endangered Species(“CITES”). [3]

Earlier in June of this year, pangolin scales were officially removed as a medicinal ingredient from the 2020 Chinese Pharmacopoeia, a reference book for TCM practitioner [4]. This comes after China’s State Forestry and Grassland Administration (SFGA) up-listed the protection status of Pangolins to the highest level. However, new investigations [5] conducted by the Environmental Investigation Agency (“EIA”) have revealed the Government’s role in the trade’s deception.

The researchers behind the Smoke and Mirrors report [6] found 221 companies had been licensed to sell items containing pangolin scales, of which 56 of these companies actively advertising medicinal products claiming to contain pangolin online. Furthermore, 64 products listing pangolin as an ingredient were advertised on manufacturer websites. Some of the e-commerce platforms used are the world's largest, such as ebay and Taobao.[7]

There are also concerns arising from the government-held stockpile which are legally accessible to over 700 hospitals and pharmaceutical companies and used in over 70 patented medicines, according to the report. The lack of regulation, traceability and transparency on the exact number of scales in this stockpile could mean that pangolin scales could still easily find its way into the black market, shrouded in a veil of secrecy.

Chris Hamley, a senior pangolin campaigner at the EIA commented: -

“China has taken some half measures but not gone the full way in banning the use of pangolin scales in medicine…Given the massive illegal trade and weak regulation internally, it is very likely that pharmaceutical companies are using illegal scales. Our report found a whole bunch of those.”

He called on the National People’s Congress to close the loopholes when it reviews China’s wildlife protection law. Companies and their European investors could also make declarations not to use pangolin scales, which can be replaced by other herbal products. The international community could also use the CITES to encourage nations to take tougher action to regulate domestic markets.

Data collated by #WildEye Asia exposed the lenient sentences imposed on pangolin-related crimes offenders in China [8]. Environmental activists expressed that these slap on the wrist punishments did not serve as an effective deterrent to the illegal wildlife trade. According to the data, of the 34 criminals convicted of pangolin-related crimes since late 2019, close to half were given suspended sentences of less than a year. This meant they did not serve a prison term, and only received a fine [9].

The position in China

In September 2020, TRAFFIC (a wildlife trade monitoring network) published a report and highlighted the largest seizure of pangolin related products by far took place as recently in October 2019, where the Wenzhou Custom Authorities seized a shipment containing 23,000kg of Pangolin scales shipped via Busan from Nigeria. A total of 18 suspects were arrested in relation to this offending.[10]

Article 27 Law of the People's Republic of China on the Protection of Wildlife (adopted on November 8, 1988) stipulates: -

“Anyone engaged in the utilization of wildlife or the products thereof shall pay a fee for the protection and administration of wildlife resources. The schedule of the fee and the procedure for collecting it shall be formulated by the department of wildlife administration under the State Council jointly with the financial and pricing authorities and shall enter into force after being submitted to and approved by the State Council”.[11]

 Section 6 Crimes of Undermining Protection of Environmental Resources Article 341 of Criminal Law of the People's Republic of China stipulates: -

“Whoever illegally catches or kills the species of wildlife under special state protection which are rare or near extinction, or illegally purchases, transports or sells the species of wildlife under special state protection which are rare or near extinction and their products shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and concurrently be sentenced to a fine; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and concurrently be sentenced to a fine; if the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years and concurrently be sentenced to a fine or confiscation of property.

Whoever, in violation of game laws or regulations, hunts in a game reserve, during a period when hunting is prohibited or using implements or methods that are prohibited, thereby damaging wildlife resources shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.""

The position in Hong Kong

C4ADS’ Wildlife Seizure Database revealed Hong Kong tops the chart for the highest seizure rate of pangolin scales coming out of Nigeria.[12]

In July of 2019, two men were intercepted at the Hong Kong airport were subsequently found in possession of about 50 kilograms of pangolin scales, They were handed a 27 and 21 months' jail sentence respectively. [13] More recently in late September 2020, Hong Kong customs seized a tonne of pangolin scales, estimated at a street value of HK$6million and is by far the largest pangolin scales seizure of 2020. [14] One pangolin produces roughly 500g of scales [15], which sadly means an approximate 2000 pangolins were killed to produce one tonne of scales.

The Agriculture, Fisheries and Conservation Department (“AFCD”) [16], have formulated a species action plan (SAP) targeting the conservation and regional protection of the Chinese Pangolins (a protected species under the Wild Animals Protection Ordinance Cap 170 in Hong Kong). The Chinese Pangolin Species Action Plan is expected to be carried out over 5 years from 2019 to 2024.

Under the Protection of Endangered Species of Animals and Plants Ordinance, the maximum penalty for importing or exporting an endangered species without a licence is 10 years in jail and a HK$10 million fine.

Courtesy of Amelia Wang. 

References

[1] "IUCN Red List." https://www.iucnredlist.org/.

[2] "What does the new trade ban mean for pangolin conservation ...." 14 Oct. 2016, https://www.iucn.org/news/secretariat/201610/what-does-new-trade-ban-mean-pangolin-conservation. Accessed 28 Oct. 2020.

[3] "Pangolins at CITES CoP18 — Save Pangolins." 5 Oct. 2019, https://www.savepangolins.org/news/2019/10/5/pangolins-at-cites-cop18..

[4] "不再入药！穿山甲终于从药典“除名”-观察者网 - 科技." 9 Jun. 2020, http://www.guancha.cn/politics/2020_06_09_553433.shtml.

[5] "New EIA investigation exposes the Chinese Government's ...." 13 Oct. 2020, https://eia-international.org/news/new-eia-investigation-exposes-the-chinese-governments-pangolin-trade-deception/.

[6] "Smoke and Mirrors - Environmental Investigation Agency." https://eia-international.org/wp-content/uploads/EIA-Smoke-and-Mirrors-2020-FINAL.pdf.

[7] "Smoke and Mirrors - Environmental Investigation Agency." https://eia-international.org/wp-content/uploads/EIA-Smoke-and-Mirrors-2020-FINAL.pdf. (page 27)

[8] "Chinese courts treat pangolin offenders lightly - Oxpeckers." 5 May. 2020, https://oxpeckers.org/2020/05/chinese-court-cases/.

[9] "Chinese courts treat pangolin offenders lightly - Oxpeckers." 5 May. 2020, https://oxpeckers.org/2020/05/chinese-court-cases/.

[10] "CWT Digest III_Sep 3 2020 - Traffic.org." https://www.traffic.org/site/assets/files/13112/uwa-traffic-cwt-2019-digest.pdf.

[11] "Law of the People's Republic of China on the ... - China.org." 8 Nov. 1988, http://www.china.org.cn/english/environment/34349.htm.

[12] "Tipping the Scales — C4ADS." 17 Sep. 2020, https://www.c4reports.org/tipping-the-scales.

[13] "Hong Kong hands down its stiffest sentence yet for pangolin ...." 13 May. 2020, https://www.scmp.com/news/hong-kong/law-and-crime/article/3084245/hong-kong-hands-down-its-stiffest-sentence-yet. Accessed 29 Oct. 2020.

[14] "Hong Kong customs seizes a tonne of pangolin scales in ...." 24 Sep. 2020, https://sg.news.yahoo.com/hong-kong-customs-seizes-tonne-073424005.html.

[15] "[Allometry of scales in Chinese pangolins (Manis pentadactyla ...." https://pubmed.ncbi.nlm.nih.gov/22653854/..

[16] "Agriculture, Fisheries and Conservation ...." https://www.afcd.gov.hk/.