§ 11. Mr. A. J. Irvineasked the Secretary of State for Foreign Affairs what provision of the Charter of the United Nations is regarded by Her Majesty's Government as making it impossible to declare the Chinese seat on the Security Council vacant.
§ Mr. NuttingArticles 23 (i) and 28 (i) of the United Nations Charter and Rules 16 and 17 of the Rules of Procedure of the Security Council.
§ Mr. IrvineIs it not desirable that if permanent members of the Security Council recognise a different Government in another member State, the place of that State should be declared vacant, and if the Minister's interpretation of the Charter is correct, will the Government consider taking steps under Articles 108 and 109 of the Charter to amend the Charter accordingly?
§ Mr. NuttingNo, Sir, we do not consider it to be necessary or desirable. So far as the existing Charter is concerned, I would remind the hon. Gentleman that Article 23 (i) provides that the Republic of China shall be a permanent member of the Security Council and Article 28 (i) provides that the Security Council shall function continuously and that each member shall be represented at all times at the seat of the United Nations. Having regard to those limiting factors, I see no opportunity, still less desirability, of raising this matter in the manner suggested by the hon. Gentleman.
§ Mr. DonnellyIs it not implied in my hon. Friend's question that this whole matter was not considered when the United Nations Charter was drafted, and does it not show that there was some oversight in the drafting of the Charter? Is there not, therefore, some reason for amending the Charter?
§ Mr. NuttingNo, Sir. I have already said that the Government do not consider it practicable, possible or desirable.
§ Mr. YoungerSince numerous bodies of the United Nations have, in the past, rejected the claim of the Chinese Communist Government to be the correct representatives of China in the United Nations, must it not follow that it is 816 legally competent for them also to reject the credentials of any other applicant who claims to represent the Republic of China, and might that not conceivably, on the facts, legally cover an application by the Nationalists?
§ Mr. NuttingThat might be so, but I would make two points in answer to the right hon. Gentleman. In the first place, nobody, so far as I am aware, has moved that the representative of the Nationalist Government should not sit on the Security Council, and in the second place we are bound by Articles 23 (i) and 28 (i) which provide that China shall be a permanent member of the Security Council. In those circumstances, I see no possibility of amending the Charter.