22 on 38005/3A/35
Mr.Sidebotham:
Draft Treaty with China.
Note on Article 6.
If this Article can be construed as conferring upon Chinese nationals the right to acquire land in any part of Kenya, a position will arise similar to that in respect of Japan under Article 1 of the
Convention of St. Germain.
150
The difficulty is one which is likely to produce political reaction of the most extreme kind, in view of the attitude of white opinion in Kenya to the Indian question. In a memorandum to the Cabinet dated February, 1936, the then Secretary of State (Mr. Thomas), while taking the view that Indians had no rights under the Convention of St. Germain as against the Government of Kenya or H.M.G. in the U.K., pointed out that if any non-European state which was a party to the Convention claimed a right of access to the Highlands, the question of our attitude towards any consequent demand from the local Indians on the ground of equal treatment as between Asiatics, would have to be considered.
The answers to Parliamentary questions on 38005/3/39 show that this question has consistently been burked and so far as I know, there was never any case where a Japanese wanted to acquite land in the Highlands. Equally, under the proposed Treaty with China, there might be no trouble unless and until a Chinese national or Company wanted to buy land in the forbidden area. On the other hand, the conclusion and publication of this Treaty might give an opening to Indians, whether in Kenya itself or in India, for reviving the old policy of reservation for Europeans; which may incidentally be attacked any how if the principles of the Atlantic Charter are applied seriously to tropical Africa after the war.
The reservation policy in the Highlands is not inscribed in any Ordinance but is worked administrative ly. It is, however, a primary article of faith with the Europeans.
It may
Without writing a long minute at this stage, I suggest that this aspect of Article 6 should be carefully considered with the Legal Advisers before any reply is returned to the Foreign Office. be that it is germane to the further Treaty which is contemplated, dealing with commercial and economic matters, rather than to the draft now before us. One thing seems certain, however; that if a concrete case arose under Article 6 of a Chinese national wishing to acquire land in the Kenya Highlands, the Kenya Government would certainly not be "in a position to implement the provisions of this article" without a political crisis locally.
Show 10 Sis H. Paper who agrees generally with this exposition.
NB. The opening words "HD, having long accorded eli
The alove are somewhat humorous in refation
to Kenya, in crew of
M.
Grs.
3rd November, 1942.