1
LAL.
17
can be reckoned as periods of service within His Majesty's
dominions. It appears to the Government of India that such
periods cannot be so reckoned. Section 1 of the Act
distinguishes between persons born within His Majesty's
dominions and allegiance (vide section 1(1) (a)) and
those born on board a British ship (vide section 1(1)(c))
and the Government of India are of the opinion that a
British ship is not British territory for the purposes of
the Act. They consider therefore that Mr. Rode's application
cannot be granted. Even if it were held that Mr.Rode's
periods of service on British ships could be construed as
residence in His Majesty's dominions, it appears to the
Government of India that he could not be held to have
resided in British India so as to permit of the grant of a
certificate of naturalization by the Government of India
under section 8 read with section 2 of the Act, since
on the assumption which may safely be made that theBritish
ships on which Mr.Rode has served were registered in the
United Kingdom, those ships, if deemed to constitute a part
of His Majesty's dominions must be deemed to constitute a
part of the United Kingdom and not of British India with
the result that if Mr. Rode's application is sustainable
at all it should be disposed of by the Secretary of State
under section 2 of the Act.
I have the honour to be, etc.,
(Sgd.) J.A. SHILLIDAY.
Offg. Joint Secretary to the Government of
India.