SHC issues notices on Chinese nationals’ plea against restrictions on movement

The Sindh High Court on Friday issued notices to the Sindh inspector general, the ministry of foreign affairs, Chinese embassy and others on a petition of Chinese nationals against unjustified restrictions on their movement in name of security issues.

Petitioners Xu Hui and others, Chinese nationals residing in Karachi for business purposes, submitted in the petition that they were facing extreme hardship in travelling, overseeing their investment and engaging in professional and personal activities due to restrictions by the police authorities.

They submitted that the China-Pakistan bilateral investment treaty aims at promoting and protecting Chinese investment in Pakistan and ensuring fair treatment and the treaty also grants the status of national treatment and most favoured nation to the Chinese investors. Besides, Pakistan has also entered into agreement on promotion and protection of investment aimed at the creation of a favourable investment climate.

They submitted that a lot of other Chinese nationals have been subjected to unjustified detainment within their residences on the pretext of security issues without any legal grounds or specific incidents that warrant such actions.

They said their inability to move freely and manage their business interest undermines the very purpose of their investments in Pakistan, creating a hostile environment that contradict the government promise of a safe and supportive investment climate resulting in heavy monetary losses and mental agony.

They feared that the ongoing restrictions may discourage further private Chinese investment in Pakistan and they reserve rights to claim monetary losses being incurred to them due to such travel and free movement restrictions.

The court was requested to declare that the restrictions on the movement of Chinese nationals are unlawful and direct the government to devise appropriate protective measures to ensure lawful movement and security of the Chinese nationals residing and investing in Pakistan in line with Pakistan’s commitment to investor protection and international obligations.

A high court division bench headed by Justice Mohammad Karim Khan Agha, after the preliminary hearing of the petition, issued notices to the federal and provincial law officers, the Sindh IGP, ministry of foreign affairs, Chinese embassy and consulate and others and called their comments on the next date of the hearing.