exercises the right to protect persons who, though British subjects were also by Chinese law subjects of China. In fact, up to the promulgation of the Nationality Law, which permits the abandonment of Chinese nationality, every Bri tish subject of Chinese race was necessarily possessed
of dual nationality when in China. This, as pointed out
above, has not prevented such persons from being pro-
tected in China; there is therefore apparently no reason
why His Majesty's Government should not "recognise" the
Nationality Law, so long as British subjects are pro-
tected in China. Of course, protection is much simplified
in cases where a Chinese British subject has availed
himself of the provisions of the Nationality Law to divest
himself of Chinese Nationality.
4. So far as Hong Kong Chinese are concerned,
it would appear from (a) that not many are likely
to take advantage of the Law and that most of them, not
unnaturally, desire to make the best of both nationali-
ties. It seems therefore probable that in order to
arrive at any practical solution of the whole question
es it affects Chinese British subjects both in Hong Kong and elsewhere Sir F. Ingard's suggestion in (d) must be
followed; i.e. residence in a colony, and the animus manendi must be the determining factors in any scheme for regulating protection of British subjects in China.
D. The two points which have to be settled are:-
(1) A definite arrangement with the Chinese Govern- mont as to the classes of persons possessing British nationality but also regarded, theoretically at least, as Chinese subjects, who should be entitled to protection as British subjects in China.
(2)
7.0./11360/10]. P.0./30343/11.
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(2)
Whether the Chinese Government will agree to recognise a stage in descent of Chinese british subjects. at which theoretical Chinese nationality will disappear, and such persons will be simply British subjects in China and elsewhere.
6. It has been proposed that, if the Chinese consent, negotiations shall be conducted by a commission of six, three Chinese, and three British officers, (from the bogation staff, Hong Kong, and the Straits respective- ly) who should draw up recommendations on both points for submission to the two Governments.
If the Commission meets, Sir F. Lugard's
views as to
the position of the different classes of persons affected will no doubt be stated by the Hong Kong officer. In
the meantime however it seems necessary to examine his
classification and his proposals, since he deals with
persons other than Hong Kong Chinese.
7.The classes mentioned in para.5 of the despatch are (1). Chinese naturalized in Hong Kong,
These have never been protected since Hong
Kong naturalization gives no rights beyond the limits
of the Colony. Mr. Alabaster appears to be wrong or inaccurate in describing them as having dual nationality. In China their Hong Kong naturalization carries no claim, to be British subjects. What the position would be if a naturalized subject had divested himself of Chinese nationality in accordance with the Law is a difficult question. He could not claim British nationality out- side of Hong Kong and he would not be a Chinese subject. (ii) Children born in Hong Kong of naturalized
subjects.
Sir F. Lugard would regard them as British subjects in China provided (a) that they have not re- sided in China for any considerable period, (b) that
they
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