22
be made clear to the Chinese, and that the Foreign Office had perhaps missed an opportunity in not including it in their original draft.
Kr. Seel, Hr. Sidebotham, Sir Kenneth Poyser,
and Ir. Gent to see.
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4.11.42.
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5/11
As regards the Kenya Highlands question, Mr. Beckett's remarks show that he was looking at it from the particular Foreign Office aspect of what we could say to the Chinese. I am concerned with the other aspect, namely what would be the position in Kenya if the Chinese are given by Treaty full right to acquire title to land in any part of H.M.
t 8 possessions. My note of the 3rd of November above 3560 deals with this point.
the
There is no getting away from the fact that provision of this kind contains the seeds of awkwardness for us in Kenya. On the other hand, ban on purchase of land in the Highlands by Asiatics is not a matter of law, and I confess I do not see any means whereby the proposed Article 6 can be made to square with it.
It is, however, extremely unlikely that a case will arise of a Chinese national wishing to buy a farm in the Kenya Highlands, and if Article 6 is now to take the form indicated in No. 48, under which we shall be committed only to endeavouring to accord most favourable treatment, this is much less terrifying than the original wording and I think the best we can hope for is to try and get it adopted.
If there is a question of dealing with the right to acquire land in a separate exchange of notes, no doubt the East African Department will be allowed to see the draft of whatever is put forward.
Su AD
5th November, 1942.
Seen. I am quite sure the Kenya settlers would loudly protest if a Chinese national were permitted to acquire a farm in the Highlands, and I am not so sure that the Chinese Government would be satisfied with Mr. Beckett's suggested method of dealing with a claim by a Chinese nation the matter.
J.E.P.
5.11.42.