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עב/פורווררי.
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18 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
Fourteenth Day.
9 May 1907.
NATURALIZATION. (General Botha.)
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his discretion so as to avoid, as far as possible, undesirable aliens from being naturalised.
"(c) Under the Draft Bill an absolute discretion to issue certificates of
naturalization is given to the Secretary of State.
It ought, however, to be made imperative that a certificate shall not be issue to a person who has been convicted of an offence for which a sentence of imprisonment has been passed without the option of a fine until he has received a free pardon, or until a period of five years has elapsed between the date of such conviction and the application for a certificate of naturalization. Provision is made in the draft Bill for cancelling certificates of naturalization obtained by false representation or fraud. If an applicant, therefore, who has been convicted of any such offence as aforesaid, conceals such conviction in making his application for a certificate of naturalization, he runs the risk of having that certificate cancelled.
"(p) The draft Bill further provides that an applicant who applies for Letters of Naturalization must intend when naturalized to reside in His Majesty's Dominions. It would be better, if such intention is to be of any value at all, to limit future residence to the portion of His Majesty's Dominions in which the application is made. There may be evidence available to show that a person applying for a certificate of naturalization in New Zealand, say, does not intend to reside there; it would be hopeless to expect to get evidence that he does not intend to reside in some portion or other of His Majesty's Dominions.
*(E) Clause 28 (A) of the Draft Bill provides that any person born in His Majesty's Dominions shall be deemed to be a natural born British subject. It is suggested that an exception should be made in the case of a person born in His Majesty's Dominions, but whose father was at the date of his birth an alien indentured labourer of non-European (lescent."
Mr. GLADSTONE: Lord Elgin and gentlemen, may I observe that the memorandum which has just been read raises a number of points, but I think that a good many of them are dealt with in the statement which I made on the last occasion when this subject was under discussion. For example, with regard to criminals, I pointed out the practice which we adopt in this country with regard to the granting of certificates, and said that it would be quite easy to put into a Bill what, in effect, is our practice at the present time. On that point, I think it would entirely meet the case put forward under (c). I am not going through all the many points raised, but there is some misapprehension in parts of the memorandum as to the intention and meaning of the Bill. For instance, under (D) in the memorandum which has just been read, there is this: "if such intention is to be of any value at all, to limit future residence to the portion of His Majesty's Dominions in which the application is made." But that would defeat the very object of the proposal, because if a person in England, meaning to go to one of the Colonies, and perhaps not able to go for a month or a year, desires to have a certificate of naturalization, of course he cannot under the present law get that certificate of naturalization because he does not intend to reside in the United Kingdom. That is the condition of the law under which he would get his certificate. We desire to remove that restriction. We think the fact that a man who is in England now, not having a certificate, who desires to go to a Colony ought not to be debarred from getting a certificate by the mere reason that he desires to go to a Colony rather than
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stay for the necessary five years in this country. Those are details which, I Fourteenth Day. suggest, could best be dealt with in the subsequent inquiry which is proposed 9 May 1907. in the resolution read by Lord Elgin.
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In paragraph (4), which has been read, it is stated: "It has been NATURALIZATION. suggested that the Imperial Act relating to the naturalization of aliens should (Mr. Gladstone). be so amended as to apply to every portion of His Majesty's Dominions
"The objection to this suggestion is that it is not desirable that legislation should be imposed on a self-governing Colony except by the Parliament of "such Colony." Our object is to have a general law for the whole Empire as far as is possible.. May I remind the Conference that a phrase I used in making my statement runs thus, showing at any rate what is our wish and intention: "Our chief desire is to make the Imperial law as comprehensive " and acceptable to the Empire as possible, and we seek in short, willing agreement on a basis which will not interfere with local interests, and legitimate desires of all the individual Colonial Governments which are "concerned in this question." In another place I said we desired the Bill to include as much common ground as possible to meet the general convenience of all parts of the Empire. This suggestion now made is rather an argument against any Bill at all. If that is so, we should be rather wasting time in this Conference. But I suggest that though this is a very important matter, it is in the nature of a detail, though a very important detail, on which, perhaps, the whole Bill would depend, and I think it could be met by discussion so that the view which I expressed and have quoted could be carried into effect-that the local interests of a particular Colony could be considered and regarded in any Bill which was passed.
Sir WILLIAM LYNE: Was not there a suggestion that only certain parts should be applied to the Colony by proclamation?
Mr. GLADSTONE: By Order in Council.
Sir WILLIAM LYNE: That would do away with any trouble with rogard to a general Bill.
Mr. GLADSTONE: Of course, conditions could be attached to an Order in Council so far as to meet General Botha's Memorandum.
General BOTHA: If you will read No. 5 you will find No. 5 provides how to overcome the difficulty in No. 4.
Sir JOSEPH WARD: May I be allowed to put the position of New Zealand so that Mr. Gladstone may have the situation in view all round. As far as New Zealand is concerned I want to make it clear, without offence to any other race in any respect whatever, that New Zealand is a white man's country, and intends to remain a white man's country; we intend to keep our country for white men by every effort in our power. If there is anything in this proposal and I am just afraid there is, that would bring about a position that in years to come soiue members of an alien coloured race who had resided in England for a period of upwards of five years, and had obtained a naturali- zation certificate would be entitled, if this Bill became of general application to the Colonies, to letters of naturalization of the Empire, which would entitle them to come into our Colony as naturalized subjects. Speaking for New Zealand we would strongly oppose it on national grounds peculiar to our local circumstances.
Mr. GLADSTONE: Could not you meet it with the immigration law?