30. Attempt to open negotiations abandoned.
81. Difficulties over protection of British Indian subjects in Sinkiang amicably settled. $2, Reasons for failure of British policy.
38. Evils resulting from protection of Anglo-Chinese,
84. Chinese and British Laws of Nationality.
35. Attempts to remedy admitted grievance of Chinese Government all found ineffective.
36. Claim to protection should be abandoned except in case of those already registered.
37. Views of Hong Kong and Singapore.
38, Nationality of Chinese domiciled in Hong Kong at time of cession; danger that Chinese may still
obtain British protection through operation of Company Law.
Appendix I-Particulars of cases reported to the Foreign Office.
Appendix II.-Chinese Nationality Law,
1909-14.
Appendix III.--Dutch modus vivendi, 1911.
Appendix IV. Nationality of Chinese domiciled in Hong Kong, &c., at time of cession to the
British Crown.
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Memorandum.
THE PROTECTION OF ANGLO-CHINESE IN CHINA.
1. THE expression Anglo-Chinese is used to denote British subjects of Chinese descent. All such individuals are by Chinese law Chinese subjects in China, but, as will hereafter be seen, most of the difficulties that this question has caused have arisen from the claim to protect Anglo- Chinese of the first generation, that is, the children born in British territory of parents who were Chinese subjects.
The present practice in regard to registration and protection in China Sir E. Satov, of Anglo-Chinese dates from instructions issued by Sir E. Satow to His August 22, 1904. Majesty's consuls in China on the 22nd August, 1904. This circular (Confidential extended British protection to Anglo-Chinese of the first generation, subject No. 27.) to certain conditions as follows:-
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With regard to persons born in the Colony of Hong Kong of Chinese parents, subjects of the Emperor of China, it has been decided to extend protection to them if they have resided in the Colony for three continuous years immediately previous to the issue of a certificate of British nationality. But to the enjoyment of this privilege the condition is annexed that the bearer must have registered his name at the nearest British consulate, and also the proviso that protection will be limited to events subsequent to such registration."
The Costume Regulation of 1868 (see paragraph 6) and various previous circular instructions were at the same time cancelled. The effect of these instructions is summarised in Major's Compendium of Instructions to Consular Officers in China." at p. 21-
L
" British Subjects of Chinese Extraction.
May be registered as British subjects, if they are provided with certificates to the effect that they are British subjects, having
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(a) been born in the Colony of Hong Kong or in the Straits Settlements, the father having been previously naturalised; (b) been born in the Colony of Hong Kong or in the Straits Settlements, of parents of Chinese origin, who were them- selves British subjects, having been likewise born there: "(c) been born in the Colony of Hong Kong or in the Straits Settlements, of Chinese parents, who were resident there at the time of their cession to the British Government; (d) been born in the Colony of Hong Kong or in the Straits Settlements, of Chinese parents, and having resided there for the three years immediately preceding (the issue of the certificate);
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(e) been resident in the new territories of Hong Kong at the time
of their cession to Great Britain; or
(f) continuously resided in Siam for three years immediately previous to the date of the certificate, and having been registered as a British subject at one of His Majesty's consulates in Siam.
Such persons are not entitled to British protection unless and until they have been registered at one of His Majesty's consulates in China, and protection will be limited to events subsequent to such registration.
Certain cases not covered by the above summary have been dealt with by subsequent rulings, as follows:-
(A.)-Anglo-Chinese Naturalised as British Subjects.
From 1867 to 1904 the rule had been clearly laid down in the instructions of Chief Justice Sir E. Hornby (see paragraph 5), and consistently acted on by His Majesty's consuls, that Chinese naturalised in a British possession could not be protected, as the moment they entered China their allegiance to the sovereign of China revived. When fresh instructions were issued by Sir E. Satow in 1904. Sir E. Hornby's
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