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by the legislative enactments of Parliament, but by international comity, and, in extra-territorial jurisdiction, by the terms of the Treaty or Capitulation under which that jurisdiction is exercised.
Where the children of a British subject are legitimated per subsequens matri- monium and are not claimed as subjects of the local Sovereign, Sir E. Grey sees no reason why British protection should not be accorded to them, and their names inserted in the register, if this can legally be done.
The second case (Papers D, E, F, G) is an application transmitted through the Consul-General at Constantinople for the registration in the register of British subjects (which includes British-protected persons) of the children of the late Vincenzo Grech, a British subject of Maltese origin, who were born out of wedlock, - but who were legitimated, in contemplation of the law of Malta, the parental domicil, by the subsequent marriage of the parents. They are not claimed as Ottoman subjects.
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The Capitulations (Paper H) under which British jurisdiction is exercised in or the English": Turkey are dated 1675, and use only the terms " Englishman their language does not in any way limit the privileges conferred to those who are British subjects in the technical sense.
The question whether these persons should be registered raises the same con- siderations as the case of Thom above.
into
I have the honour to request you to take the papers your consideration, and favour Sir E, Grey with your opinion
*
(1) Whether the births of the children of Mr. Thom should be entered in the
register of births of British subjects abroad;
(2) Whether there is anything in the Treaty of Tien-tsin or in the municipal law of this country to prevent the Secretary of State from placing the children of Mr. Thon under British protection and jurisdiction in China, and from causing their names to be inserted as British- protected persons in the register of British subjects;
(3) Whether there is anything in the Capitulations or in the municipal law of this country to prevent the Secretary of State from placing the sons
of the late Vincenzo Grech under British protection and jurisdiction
in the Ottoman Empire, and from causing their names to be inserted as British-protected persons in the register of British subjects?
The Secretary of State would also be glad to be favoured with any observations of a general character which you may be good enough to offer.
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law of this country to prevent the Secretary of State from placing the children of Mr. Thom (other than Jessie) under British protection and jurisdiction in China, and from causing their names to be inserted as British-protected persons in the register of British subjects. We may observe, however, that William, who was born at Macao, might be claimed as a Portuguese subject, and James Alexander and Georgina, who were born in China, might be claimed as Chinese subjects, and that the question whether such children should be treated as British-protected persons seems to be one of policy rather than of law.
3. We think that there is nothing in the Capitulations or in the municipal law of this country to prevent the Secretary of State from placing the sons of the late Vincenzo Grech under British protection and jurisdiction in the Ottoman Empire, and from causing their names to be inserted as British-protected persons in the register of British subjects. We observe, however, that it is suggested in the despatch of Mr. Consul-General Eyre, dated the 11th January, 1906, in a statement of considerable obscurity, that the marriage of the late Vincenzo Grech would not have, under the circumstances, the operation in Maltese law of legitimizing his sons. We do not advise that effect should be given to this suggestion.
Law Officers' Department,
February 14, 1907.
JOHN L. WALTON. W. S. ROBSON.
I have, &c.,
ERIC BARRINGTON.
List of Papers.
*(A.) Consul Brady, No. 6, March 26, 1906.
(B.) Treaty of Tien-tsin (Library No. 448), June 26, 1858.
(C.)
"China and Corea Order in Council, 1904." (Conf. No. 8518*),
October 24, 1904.
(D.) Sir N. O'Conor, No. 57, Consular, June 6, 1904.
(E.) Sir N. O'Conor, No. 22, Treaty, July 5, 1904.
(F.) To Sir N. O'Conor, No. 31, Treaty, September 24, 1904.
(G.) Sir N. O'Conor, No. 2, Treaty, February 26, 1906.
(H.) Turkish Capitulations (Confidential, No. 86), 1675.
Report.
In our opinion the children of Mr. Thom (other than Jessie, who is a British subject by reason of her birth in British territory) are not British subjects, and that therefore their births should not be entered in the register of births of British subjects abroad.
(2) We think that there is nothing in the Treaty of Tien-tsin (on the construction which it is stated in Sir Eric Barrington's letter to have received) or in the municipal
• With printed Minutes attached.
PUBLIC RECORD OFFICE
Reference :--
C.O.885
16 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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