+
" "wist-pāja" "hasD95, OF
303
to such persons if they had resided continuously in the Colony and could give proof of animus manendi either in I think this is the King's dominions or a Treaty port.
reasonable but the whole business being one of negotiation with China there is no need to give any part of our
present claims away.
(vi) Chinese residents in Hong Kong and Kowloon at time
of cassion.
No doubt, as Mr. Hurst and Sir F.Lugard hold, these persons are, in ordinary international law, British subjects only, but the practical difficulty is that Chinese law up to the new Nationality Law, regards Chinese nationality as indelible. The class is hoursso
negligible
(vi) Children of the above.
protected.
These must be British subjects and should be
(viii)Residents in the New Territories and their
children.
The residents in the New Territories are a difficult class: the Law Officers advised that they are British subjects: the Chinese regard them as Chinese subjects, and China has never been "sked to agree to the Law ·
Officers' view.
I think that we must maintain our position, which
is that they are entitled to protection in China. (As to Liang To this is the first that we have heard (a) that he was executed or (b) that he was claimed for
trial before the BritishConsul. The papers in the case spoke of asking for his extradition to Hong Kong.)
(ix)
(ix) Married women probably do not afford any practical cause of difficulty
question is concerned.
8.
so, far as this
in paragraph 6 Sir F. Lugard proposes to issue no certificates "except in cases where the applicant is undeniably a British subject unless proof is afford- ed .. of intention to reside in the Colony or
a Treaty Port".
He also proposes to send the certificate to the Consul and let the applicant get it from that officer.
I am afraid I do not know quite what Sir F. Lugard means by "undeniably a British subject". From
his previous remarks I should imagine that the only persons who come in this class are people who have been born in His Majesty's dominions of parents who were British subjects and who have in addition divested themselves of Chinese nationality.
But most of the people mentioned in the despatch are undeniably British subjects, though by Chinese law they are also Chinese subjects. I think it would be desir-
able to find out what Sir F.Lugard means exactly i.e.
ask him to name the classes of persons to whom he
would issue certificates.
The proposal to send the certificate to the Consul which was suggested by Er. Brewin in enclosure
B. is good and should be adopted.
?Send a copy of this despatch to F.0. with the despatch on 41104 writing generally in the sense
of this minute.
PAsk Governor exactly what he means as to
future issues of certificates.
?Copy correspondence to Straits for any observations Governor may like to make.