On 18th August 2021, the Hong Kong Legislative Council voted in favour of a Members Bill to include wildlife crime offences into the Organised and Serious Crimes Ordinance (Cap. 455) (“OSCO”). As a known hub for wildlife trade, Hong Kong was in desperate need of stronger legal measures - both investigatory and punitive - to play its part in combating global wildlife trade. But just as Rome was not built in a day, the amendment to OSCO took many years and the collaborative efforts of many different people. 

In this instalment of Tell Me More, HKALPO interviews two of the many contributors to this legislative feat: 

• Amanda S. Whitfort - a practicing barrister and Associate Professor of Law at the University of Hong Kong. Amanda is also a project advisor for HKALPO; 

• Sophie Le Clue from ADM Capital Foundation - a philanthropic foundation contributing to climate action and biodiversity protection. 

What was your role in bringing the amendments to life? 

Amanda Whitfort: I have worked for over 7 years to bring about this amendment. I assisted the Wildlife Trade Working Group (a group of academics and NGOS convened by ADM Capital Foundation) in their advocacy, provided research on illegal trade to government and co-authored the White Paper published by ADM Capital Foundation on Enhanced Enforcement Strategies to protect Endangered Species that led Elizabeth Quat to propose the OSCO amendment as a private members bill in 2020. I then assisted Quat's office by providing a draft for her bill. 

How did these amendments come to life? (e.g. background to Enhanced Enforcement Strategy)

ADMCF: The Enhanced Enforcement Strategy was developed by ex-Hong Kong Police Officer Rod Diaz and Amanda Whitfort. It was supported by ADMCF and Wildaid , who then engaged with policy makers and the government to familarise them with the proposals and provide an opportunity for their views and to garner support where possible.

What preparatory work was done before the proposals were brought to life? 

ADMCF: We undertook extensive research into the scale and nature of wildlife seizures in Hong Kong and established a court monitoring programme that involved observing all wildlife crime cases we could in court.  Since 2017 we have observed 175 cases comprising over 400 hearings. All data and research was used to inform  law makers, government and local experts of the issues related to wildlife trafficking in Hong Kong and enforcement of the relevant laws. The research was used to make a case for the OSCO  amendment proposal. We engaged with legal experts including practicing barristers, academics  to provide input, we jointly hosted a seminar with a local barrister’s chambers bringing together the following stakeholders:  government  , lawmaker, UNODC, criminal investigator, academics as well as a QC from the UK -  to discuss  and generally raise awareness. The visiting QC was also able to provide talks to the Department of Justice and AFCD/customs colleagues. We also ran a public awareness campaign – “Break the Chain’ to garner public support for the Bill.

What was the significance of Hon Elizabeth Quat’s support? How was she brought on board? 

ADMCF:  Her support was critical.  She provided advice and guidance on the law making process and feasibility of such an amendment. She convened meetings with government to discuss the strategy and gained support of lawmakers using data and research provide. She also asked questions in legco, the responses to which informed the discussion.

What were some of the biggest challenges you faced? 

ADMCF: The biggest challenge was an initial lack of acknowledgment by the government that Hong Kong is wildlife trafficking hub and that the crimes are in many instances Organised and Serious.

Some animal-related laws face enforcement issues. How does this amendment enable the law to be enforced? What needs to happen to ensure that the law is properly enforced?

Amanda Whitfort: This amendment will allow authorities to enforce the criminal law more effectively against the syndicates and kingpins behind the international trade in endangered species. Over the past 2 years over 900 tonnes of of wildlife was seized in Hong Kong. These seizures continue a decade-long upward trend that has seen the decimation of rhino, elephant and pangolin populations, globally, while the criminals funding the slaughter grow rich. The enhanced investigative and punitive powers that will now be accessible to law enforcement authorities tasked with combatting wildlife crime are a potential game changer, not just for Hong Kong, but regionally. If applied proactively, the OSCO amendment will result in critical deterrence of criminals seeking to exploit Hong Kong's porous borders to smuggle endangered species. 

What legislation will you tackle next? 

ADMCF: ADMCF is looking at the sufficiency of the trading laws governing the exotic pet trade in Hong Kong , regarding the protection of animal health, animal welfare and public health  as well as biodiversity – specifically Public Health (Animals and Birds) Ordinance (Cap. 139) as well as Protection of Endangered Species of Animals and Plants Ordinance (Cap. 586). 

Were there aspects of the OSCO amendments that you can apply to your next project?

ADMCF: in terms of process – research to provide evidence of the need for policy change, legal experts to advise on the change that’s needed, development of policy papers, need for and garnering of interest and where possible support from policy maker (s), NGOs and also the public.  

The recognition that wildlife crime is organised and serious enables law enforcement to target ‘masterminds’ behind the crimes through enhanced investigatory, prosecutorial, confiscation and sentencing powers. We end with a few quotes extracted from a press release by ADMCF:

Amanda Whitfort:

“The enhanced investigative and punitive powers that will now be accessible to those local enforcement authorities tasked with combatting wildlife crime is a potential game changer not just for Hong Kong, but regionally. It should, if applied, result in much needed deterrence.” 

Lisa Genasci, CEO of ADMCF: 

“The fight against wildlife crime is an immense challenge and by taking this bold move to amend its laws, Hong Kong is not only showing global leadership, but is signaling that we can no longer stand by and let wildlife traffickers continue to exploit our city, devastate wildlife populations and steal local natural resources that impact local communities and national economies worldwide.”

Hon Elizabeth Quat 

“The nature of illegal wildlife trade in itself is a clear expression of pre-meditated acts, carefully orchestrated operations carried out by global seasoned organized syndicates … they should be treated as such by the Government and the justice system. Through proposing this member’s bill, I hope the government can demonstrate to the international community Hong Kong’s commitment to stem out such crimes by seriously combating wildlife crimes and eventually become one of the global leaders in the fight against illegal wildlife trade.”