Council of Hongkong Indian Associations
Contd. 2
(2)
(3)
On two occasions (i) at a luncheon on 1st March, and (ii) at a cocktail party on 20th March, Mr. Xu Jiatun, head of the Xinhua News Agency in Hong Kong, re-emphasised that it was the Chinese view that responsibility for the ethnic minorities lay with HMG. The PRC was to look after its own, the ethnic Chinese: HMG should likewise look after the other British nationals. (see letter 17th February para 3; and our letter of 3rd March 1986)
By letter to Mr. Vivian Bendall MP dated 6th March 1986, Mr. David Waddington, Minister of State at your Department, conceded that non-ethnic Chinese "will not be regarded by the Chinese as their nationals". There is still no evidence that HMG have procured any commitments from the PRC to exercise any discretion as to the grant of nationality in favour of the non-ethnic Chinese. (see letter 17th February para 2)
While we do not intend to rehearse again the ways in which we are advised that implementation of the present proposals in unamended form will or may violate the international law obligations of HMG, we should inform you, as a matter of courtesy, that we are exploring with specialist leading Counsel the further possibility of making any necessary application at the appropriate time before the European Commission of Human Rights. We remind you respectfully of the report of that body in the case of the East African Asians, where HMG also sought to avoid their responsibilities to a group of British nationals in a former colony.
We trust, as always, that our arguments will receive full consideration because we consider our case compelling on its merits, and have been advised as to its substance in international law. We believe that, given the political will, HMG can find before it is too late the legal means to satisfy our just claims.
Yours sincerely,
M. fitus
K. Sital Vice-President