Press Release - February 27, 2002

The following is issued by the Agriculture, Fisheries and Conservation Department of the Hong Kong Special Administrative Region Government:


The Animals and Plants (Protection of Endangered Species) Ordinance is the Hong Kong legislation that gives effect to the Convention on International Trade in Endangered Species of Wild fauna and Flora (CITES). Under the Ordinance, import, export or possession of any scheduled species (i.e. CITES-listed species) requires a licence. Failure of complying with the legislation is an offence and the offender may be prosecuted. In the case of cultivated American ginseng, the maximum penalty upon conviction is HK$50,000 fine and six months imprisonment.

Before November 2000, CITES-listed plants of artificially propagated origin are excluded from the Schedules to the Ordinance. The import and export of artificially propagated CITES-listed plants into and out of Hong Kong are not therefore under any control. However, CITES-listed plants of wild origin are controlled under the Ordinance. Apart from a CITES export permit issued by the exporting country, an import licence is also required for the import of such specimens into Hong Kong.

Taking American ginseng from Canada as an example. Before November 2000, import of wild American ginseng into Hong Kong from Canada must first obtain a Hong Kong import licence and the shipment must be accompanied with a Canadian CITES export permit. However, if the shipment was of cultivated American ginseng, then there was no control at all in Hong Kong, without requiring any import or export document.

The Ordinance was amended in 2000 and starting from November of that year, import and export of all artificially propagated CITES-listed plants then required an export permit from the country of export. However, the requirement of an import licence has been exempted. In the case of wild American ginseng, the control measure remains unchanged, that is, both import and export documents are required.

Again, taking American ginseng from Canada as an example. If a person wants to import into Hong Kong wild American ginseng from Canada, he has to obtain a Hong Kong import licence and a Canadian CITES export permit. If the specimen is cultivated American ginseng, then he only needs a Canadian CITES export permit and no Hong Kong import licence is required. The same control procedures apply in the case of tourist items.

Canada is a party to CITES. As far as we know, for the export of cultivated American ginseng from Canada, an exporter is required to obtain an export permit from its CITES Management Authority. The requirement applies to both commercial and personal use shipments. We also understand that apart from CITES export permit, the Authority issues phytosanitary certificate for the export of cultivated American ginseng. Both CITES export permit (a multi-use permit) or phytosanitary certificate issued by the Canadian Management Authority are acceptable documents for the import into Hong Kong of cultivated American ginseng from Canada.

As said above, the control on artificially propagated CITES-listed plants was imposed since November 2000. Our recent amendment to the Ordinance, which took effect on 18 February 2002, therefore has no connection with the control on artificially propagated plants.

For enquiries, please contact the Endangered Species Protection Division of the Agriculture, Fisheries and Conservation Department of the Hong Kong Special Administrative Region Government at 5/F., Cheung Sha Wan Government Offices, 303 Cheung Sha Wan Road, Kowloon, Hong Kong. Tel: (852) 2150 6999; Fax: (852) 2376 3749; and E-mail: [email protected].