‘Hasn’t AG obtained enjoining order against Chinese company?’

By Shamindra Ferdinando

Foreign Minister Prof. G.L. Peiris says the current dispute over a contaminated consignment of carbonic fertiliser from China is not a diplomatic issue and shouldn’t be considered a row between China and Sri Lanka.

The Minister said so when the media sought his views on Qingdao Seawin Biotech Group Co Ltd sending a letter of demand to Dr. W.A.R.T. Wickramaarachchi, the Additional Director of the Plant Quarantine Service over a report issued under his signature that declared a sample of solid organic fertiliser sent by the Chinese company is contaminated.

The media took up the issue at the weekly SLPP briefing at the party office in Battaramulla.

Prof. Peiris emphasised that legal action had been initiated by the company concerned, not the Chinese government. The Minister said that the government couldn’t interfere with the decision taken by the Chinese company to move the court.

Both Prof. Peiris, who is also the SLPP Chairman and SLPP General Secretary Sagara Kariyawasam emphasized that it was a commercial transaction between two private parties. Asked whether China resorting to legal measures against a government official undermined Sri Lanka, Attorney-at-Law Kariyawasam urged the media not to interpret the developments wrongly.

Samagi Jana Balavegaya (SJB) lawmaker Rohini Kaviratne said that the SLPP had quiet and conveniently forgotten the Attorney General on behalf of the government had moved the Colombo Commercial High Court not only against Qingdao Seawin Biotech Group Co Ltd but its local agent Chelinaa Capital Corporation Pvt Limited as well as the People’s Bank to prevent payment for the consignment.

The Matale District MP pointed out that following the court action initiated by the AG, China swiftly blacklisted the People’s Bank.

The situation remained quite problematic with the court extending the enjoining order issued to the People’s Bank and local shipping company preventing payment till Nov 19, MP Kaviratne said.

Responding to another query, the SJB MP said that the government owed an explanation as to why the services of a local agent was required as the government owned Ceylon Fertilizer Company could have dealt with the importation of carbonic fertilizer.  MP Kaviratne said that the government could have handled the matter in a transparent way.

“The Foreign Ministry seems to be unaware of what is going on,” the MP said, pointing out that Qingdao Seawin Biotech Group Co Ltd issued statements as regards developments through the Chinese Embassy in Colombo. The MP urged the government to examine the whole issue as quickly as possible to prevent further deterioration of relations with China.

She insisted Sri Lanka should never accept contaminated fertiliser. However, the government should prove its case against the Chinese company, the MP said. Noting that the original order placed with the Chinese company was for a staggering 99,000 metric tonnes of carbonic fertilizer, MP Kaviratne asked how the government intended to provide the required quantity. “We are well into the Maha season. Yet, farmers do not know whether they’ll receive fertilizer,” the MP said.

The SJB official said that both Chinese fertilizer and the import of liquid nano-nitrogen from India had been mired in controversy with Secretary to the President Dr. P.B. Jayasundera seeking the intervention of the Criminal Investigation Department (CID) over the reportage of very serious accusations made in Parliament by the JVP in respect of Indian fertilizer.

The SJB MP challenged the government to come clean on fertilizer imports.

MP Kaviratne asked whether the government would defend the state official faced with legal action. The lawyers representing the Chinese firm had asked for USD 8 mn in compensation, the MP pointed out, urging the government to acknowledge the seriousness of the situation.