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British-born certificate, a British passport in proper order, or something of a similar nature should be insisted on, in fact that the practice prevailing at the ports of Amoy, Canton, and Swatow, and not that in use at Shanghai, should be followed.
I am to recommend to you the adoption of the Canton test as to the bona fide desire of applicants to become British subjects, and of their willingness to abjure any attempt to profit by a dual nationality as a useful practice, but I am to leave it to your discretion to waive the test in specific cases. It is further desirable that you should apply to the colony of origin claimed by the applicant for verification of his statements whenever these appear to be open to suspicion.
As regards the question of extending British protection to such persone, Sir E. Grey states that he considers that it would be both expedient and logical to do so, and that he sees no objection to this step provided that the above-mentioned precautions are invariably taken before registration.
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as may
In connection with the case of such of the Hong Kong undesirables have succeeded in having themselves registered at Shanghai before those instructions come into force, I am directed by Sir E. Grey to inform you that, inasmuch as His Majesty's Government consider that it is open to them to withhold protection in a case where it is undesirable for any reason to afford it to any British subjects, you should use your discretion as to the granting or withholding of such protection to persons who have been deported as undesirable from that colony.
All other "undesirables," not having the Hong Kong British-born certificate, and consequently not being registered, will thus automatically lose all claim to protection, and Sir E. Grey expresses the opinion that British protection should in no circumstances be extended to unregistered Chinese. His Majesty's principal Secretary of State for Foreign Affairs proceeds to observe that the foregoing instructions would give a reasonably fair test of genuine British nationality, and that it does not appear to him to be desirable, or indeed fair to the Chinese Government, that the privileges and immunities accorded to British subjects should be extended to persons as to whose status the British authorities themselves are doubtful, and who might well, as in the case of the Hong Kong "undesirables," turn out to be persons expelled from a British colony for their own misdeeds while residing in it.
am, &c.
I
those who have been registered on the production of Hong Kong birth certificates only, or other evidence of British nationality, and those to whom the privilege has been accorded on the strength of their possessing the Hong Kong British-born certificate registered by Sir E. Satow's circular.
I should also be glad to know whether, in practice, you afforded protection to all Chinese-British subjects registered at your consulate-general (consulate) irrespective Cof the evidence adduced by them in support of their application, or whether you limit your protection in all or in special cases to the persons possessing Hong Kong British-born certificates.
I am, &c.
J. N. JORDAN.
Enclosure 2 in No. 1.
J. N. JORDAN.
Circular Letter.
Peking, September 25, 1914.
Sir,
HIS Majesty's Secretary of State for the Colonies has recently approved the provisions of a draft Bill drawn up by the Governor of Hong Kong amending the Deportation Ordinances of 1912-1913.
The amended ordinance will give the Government of Hong Kong powers to deport as undesirables, amongst other persons, British subjects who are born in Hong Kong of Chinese parents, not British. ubjects, and who do not possess certificates of British birth, .e., the so-called Hong Kong British-born certificates.
In connection with the issue of this amended ordinance, Sir F. H. May has raised the question of the registration of such persons by His Majesty's consular authorities in China as British subjects, and he states that cases have arisen when registration is effected merely on the production by the applicant of a Hong Kong birth certificate. The Governor goes on to say that these certificates are often fraudulent, and that, even if genuine, such a document would not necessarily procure the issue of a British-born certificate in the colony.
I should be obliged, therefore, if you would furnish ine with a report describing the practice followed in your consulate-general (consulate with respect to the registration of Chinese claiming to be British subjects, and stating whether registration is granted to persons born in the colony of Hong Kong of Chinese parents merely on the production of a Hong Kong birth certificate, or if the privilege is restricted in such cases to applicants who produce the certificate, of which a copy was enclosed in Sir E. Satow's Circular of the 22nd August, 1904, and which contains a statement to the effect that the holder has resided in the colony for three years immediately previous to the date of issue.
You should furnish me with a list of all persons born in Hong Kong of Chinese parents who are registered in your consulate-general (consulate), specifying, if possible,
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