12. Air-Commodore Harveyasked the Secretary of State for the Colonies in what circumstances the aircraft that belonged to China National Aircraft Corporation, based at Hong Kong, have been released to the People's Government of China; and if he will make a statement.
§ Mr. J. DugdaleAs the statement is rather long, I will, with the hon. and gallant Member's permission, circulate it in the OFFICIAL REPORT.
Air-Commodore HarveyThat reply is not very satisfactory, but I will put a supplementary question if I may. Is the hon. Gentleman aware that since this decision was taken the Communists have already taken away stores and equipment by junks and other boats, and also that the anti-aircraft defences have been standing to ever since the decision was made? Will he consider sending out a commission of inquiry to go into this whole matter, rather than leave it in the hands of the local courts in Hong Kong.
§ Mr. DugdaleNo, Sir, I have every confidence in the local courts in Hong Kong, and I do not think that it is necessary to send out a commission of inquiry. The hon. and gallant Gentleman says that my first reply was not satisfactory, and if he, or the House, wish me to read out the reply, I will do so, but it is rather long.
Air-Commodore HarveyI have a very good idea of what the hon. Gentleman was going to say, and I beg to give notice that I will raise the matter on the Adjournment.
§ Following is the statement:
§ Some months ago, the Government of Hong Kong permitted the China National Aircraft Corporation to bring to Hong Kong a number of aircraft which had formerly been based at Shanghai. In November last litigation began in the courts of Hong Kong with regard to the aircraft, between persons who may be regarded broadly as supporting the interests of the Central People's Government on the one hand, and persons supporting the interests of the Chinese Nationalists and later of American companies on the other. The object of both- 1064 sides was to establish a right to the aircraft and to remove them from Hong Kong.
§ On 23rd February last, judgment was delivered by the Chief Justice of Hong Kong but it merely decided that the aircraft, being in the physical control of employees who now accepted orders of the Central People's Government, were in the de facto possession and control of that Government, and, therefore, that it would be a violation of the immunity of a foreign sovereign Government for the court to grant an application which had been made that the aircraft should be delivered to a receiver appointed by the court.
§ On the same date, injunctions which had hitherto restrained both sides from removing the aircraft were terminated on an application made by supporters of the Central People's Government without opposition from the supporters of the other side. I have now been informed that an appeal from the judgment given on 23rd February has been lodged, but that no fresh injunctions have yet been applied for. The aircraft are still in Hong Kong.