This Document is the Property of His Britannic Majesty's Government.]
CHINA.
CONFIDENTIAL.
October 4, 1928.
49
SECTION 1.
Fee No. 16
[F 5348/112/10]
No. 1.
Sir M. Lampson to Sir Austen Chamberlain. (Received October 4.)
(No. 879. Confidential.) Sir,
Peking, August 1, 1928. THE memorandum enclosed in your despatch No. 134 of the 18th February last has been the subject of careful consideration in His Majesty's Legation, and I now have the honour to submit to you the following observations regarding the protection of Anglo-Chinese in China.
2. The principle underlying the proposals put forward in paragraph 36 of Mr. Pratt's memorandum is that our object should be to apply in China the ordinary rule applied to other parts of the world, that British subjects of dual nationality, when in the country of their second nationality, shall not enjoy British protection against its authorities or be exempt from the obligations attaching to them as nationals of that second country. Such an aim would be in accordance with our general policy of modernising our relations with China; it follows naturally from our January offer to recognise the validity of a reasonable Chinese Nationality Law, and if additional justification were required it would be provided by Mr. Pratt's memorandum, which clearly shows that it was the original intention of His Majesty's Government to apply the ordinary rule in China, and that the present anomalous practice of according British protection in China to Anglo-Chinese has grown up largely by chance.
3. Mr. Pratt's proposals were of course, however, made without knowledge of two later developments which change the situation and alter the nature of the problem. On the 24th November, 1927, Mr. Brenan was authorised to discuss with the Canton authorities the question of some provisional arrangement on the Sino- Dutch model, or, alternatively, some procedure under which British subjects of Chinese race could obtain Chinese certificates of denationalisation in accordance with the Chinese Nationality Law. It was along the latter lines that the discussions developed, and during my visit to Canton in February last I discussed the issue of denationalisation certificates with Marshal Li Chai-sum (see my unnumbered despatch from Hong Kong of the 29th February, and Mr. Brenan's despatch No. 27 of the 3rd March, copy of which was sent direct to you). An understanding was reached that the Canton Government would forthwith set up machinery for the issue of denationalisation certificates, and that persons so denationalised would then have to be treated as British subjects, ceasing to exercise any rights or privileges denied to foreigners and, in particular, the right to own property in the interior. It was further agreed that the proposed certificates would, for the present, only be effective in practice in Kwangtung and Kwangsi Provinces, but it was realised that the success of the procedure in those provinces would no doubt lead to its spread elsewhere.
4. You will have learnt from Mr. Brenan's despatch No. 50 of the 12th April, copy of which was sent direct to you, that Marshal Li lost no time in implementing the arrangement. Provisional regulations for the issue of denationalisation certificates were passed by the Canton Branch Political Council and communicated by the Commissioner for Foreign Affairs to Mr. Brenan on the 19th March, and the latter thereupon issued a circular letter to British subjects of Chinese race (number- ing in all about thirty persons) registered at His Majesty's consulate-general at Canton, in which he advised them that if they desired to have their British nationality recognised by the authorities of Kwangtung and Kwangsi Provinces they must apply without delay for a certificate of denationalisation, and at the same time warned them that failure to do so might result in their registration and protection as British subjects whilst in China being refused by the British as well as the Chinese authorities. Copy of this circular letter was enclosed in Mr. Brenan's despatch No. 70 of the 12th May, copy of which was sent direct to you, but for convenience of reference copies of his two despatches are enclosed herewith.* As regards new
* Not printed.
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[594 d-1]
Should be 68 of 8th May (F.0. aque)
B