40
- 2 -
Anglo-Chinese of the first generation, that is, persons
of Chinese origin born in the Colony of parents settled
there."
2. Before proceeding with the consideration of the
matter, it seems necessary, in order that a clear concep-
tion may be obtained of the British law of nationality and
the meaning of national character, to quote the salient
provisions of the British Nationality and Status of Aliens
Act 1914, as well as certain passages from Wheaton's
"International Law" and Westlake's "Private International
Law". The British Nationality and Status of Aliens Act
1914 provides, inter alia, as follows:-
-
1 (1) The following persons shall be deemed to be
natural-born British subjects, namely:-
3.
(a) Any persons born within His Majesty's
dominions and allegiance; and
(b) Any person born out of His Majesty's
dominions, whose father was a British subject at the time of that person's birth and either was born within His Majesty's allegiance or was a person to whom a certi- cate of naturalization had been granted; and (c) Any person born on board a British ship
whether in foreign territorial waters ör not.
According to Dicey's "Conflict of Laws" (page 166)
the enactment Contained in Section 1 1(a) constitutes
-
the leading principle of English law on the subject of British nationality.
4.
The word "allegiance" used in the above section is explained in Wheaton's "International Law" (page 242) thus: "Allegiance is a term synonymous with national character.
By it is understood the obligations of fidelity and obedience which an individual owes to the State whose national
character he bears."
5.
The same authority explains "national character"
in the
Page 40Page 41