The shark fin trade has long been a contentious issue in Hong Kong society.

In recent decades, restrictions and regulations have been implemented in an effort to curb the volume of shark fin passing through the region, but have failed to put an end to business completely. However, the implementation of new legislation elsewhere offers potential to reopen the debate. On June 29th, the United Kingdom promulgated the Shark Fins Act, prohibiting the import and export of detached shark fins and derivative products containing shark fin as an ingredient.

The practice of shark finning has been banned in UK waters since 2003 under the Shark Finning Regulation, but the scope of the present Act is much broader, extending to global commerce.

The Shark Fins Act originated as a Private Member’s Bill, brought before Parliament by Christina Rees and Baroness Jones of Whitchurch in mid-2022. The Bill’s progression was supported by several “shark and marine conservation charities [and organisations],”1 including the Shark Trust and World Wildlife Fund (WWF), and its formal assent has been welcomed by many. Animal Welfare Minister Lord Benyon sees the Act as “an important step in [the UK’s] commitment to champion the conservation and sustainable management of sharks wherever they are fished.”2

The dualistic role of this landmark legislation as a deterrent for domestic trade and a model of international influence has been heavily emphasised. Ali Hood, director of conservation at the Shark Trust elaborated that “the addition of a ban on the import and export of detached shark fins [...] enables the UK to hold other countries to the same standard to which we hold ourselves.”3

As a “vital hub,”4 accounting for almost 50% of the global shark fin trade,5 Hong Kong is likely one such jurisdiction Hood hopes will follow in the UK’s footsteps. The concerted efforts of activist organisations like the Society for the Prevention of Cruelty to Animals (SPCA HK) have produced commendable milestones; banishing the delicacy from restaurant menus in luxury hotels (The Peninsula, Shangri-La), and establishing a ‘No Shark Fin Carriage Policy’ on some airlines, including Hong Kong’s national carrier Cathay Pacific.6

Under current laws retailers are not required to label their product as legal, and in certain districts dried shark fin is proudly displayed. However, consumption appears limited to an extent by generational ties. One shopkeeper situated along Sheung Wan’s ‘Dried Seafood Street’ observed that their regular shark fin patrons were primarily elderly.7 But while domestic appetite for shark fin has lessened, Hong Kong’s airports and shipping ports continue to act as thoroughfares for the legal and illegal pedalling of fins to mainland China and Southeast Asia.

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) currently lists twelve endangered species under appendix II that are protected from poaching, with a proposal to add two more raised during a conference in 2022.8 As per section 9 of the Protection of Endangered Species of Animals and Plants Ordinance (Cap. 586), importing endangered shark fin without a permit is an offence punishable in Hong Kong by up to 10 years imprisonment and a HK$10 million fine. However, The Standard reports that so far only 5 prosecutions have been seen under the ordinance. Policing imports and exports is a mammoth task. Each fin must be laboriously DNA tested to determine its species of origin, meaning many illegal shipments slip through undetected.

The Shark Fins Act provided a solution to this problem in the UK, abolishing the need for DNA testing entirely by enacting a complete ban on the animal product. For now, it is unlikely such a move will be emulated in Hong Kong. If the practice of shark finning is to be truly halted, more work must be done at the ground level to diminish demand for shark fin across Asia, and punish those acting contrary to existing regulations to the full extent of the law.

Courtesy of: Saskia Sinha

References:

1. Shark Trust: https://www.sharktrust.org/news/uk-tightens-law-on-shark-fin-trade

2. UK Government website: https://www.gov.uk/government/news/government-introduces-law-banning-international-shark-fin-trade

3. Ibid.

4. The Standard HK: https://www.thestandard.com.hk/breaking-news/section/4/197269/Wildlife-summit-could-upend-Hong-Kong's-shark-fin-trade

5. Kadoorie Farm and Botanic Garden: https://www.kfbg.org/en/fauna-conservation/monitoring-the-shark-fin-trade-in-hong-kong

6. SPCA HK: https://www.spca.org.hk/en/animal-welfare/wildlife-trade/shark-fin

7. The Standard HK: https://www.thestandard.com.hk/breaking-news/section/4/197269/Wildlife-summit-could-upend-Hong-Kong's-shark-fin-trade

8. Hong Kong Free Press: https://hongkongfp.com/2022/11/18/hong-kong-urged-to-step-up-enforcement-against-illegal-shark-fin-trade-as-blue-sharks-to-be-given-protected-status/