CO885-(13-15) — Page 318

5943.

No. 32.

(GENERAL.)

PUBLIC RECORD OFFICE

Reference :-

TIC.O. 885

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14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

:

MY LORD,

LAW OFFICERS to FOREIGN OFFICE.

Royal Courts of Justice, March 18, 1893.

We were honoured with your Lordship's commands signified in Sir T. V. Lister's letter of the 10th instant, stating that he was directed by your Lordship to transmit to us papers relating to the conclusion of a Convention relative to naturalization between Great Britain and Italy.

That in October of last year the Italian Ambassador at this Court had mentioned verbally the wish of his Government to conclude a Convention with Great Britain upon this subject on the lines of the existing Convention of 1870 between Great Britain and the United States.

That your Lordship, after having obtained the concurrence of Her Majesty's Secretary of State for the Home Department, expressed in a letter of the 27th October last, had informed the Italian Ambassador that Her Majesty's Government would be prepared to negotiate a Convention on the lines of the existing Convention between Great Britain and the United States of America, and that your Lordship, with this view, had caused a draft Convention to be prepared, which was on the 9th November referred to the Home, India, and Colonial Departments for consideration, previous to its submission to the Italian Government, as a basis of negotiation.

That Her Majesty's Secretary of State for the Home Department had made certain Buggestions for the amendment of the draft Convention, the nature of which suggestions would be gathered from the inclosed correspondence.

That the draft Convention contained the amendments agreed upon in the correspon- dence between the Home and Foreign Offices.

That Her Majesty's Secretary of State for India concurred in the draft Convention without observations.

That Her Majesty's Secretary of State for the Colonies, however, in the letter of the 23rd November last, raised the question, with reference to Article I. of the draft Convention, whether, in the present state of the law, Her Majesty could properly enter into an undertaking that an Italian subject naturalized in one part of the British dominions, should be held to be a British subject for all purposes in all other parts of the Empire.

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That it was pointed out in the Colonial Office letter that the Law Officers, in 1874, had reported that a certificate of naturalization granted in the United Kingdom had no effect in the Colonies, and that it was further observed that naturalization granted in a British Colony was (in view of section 16 of "The Naturalization Act, 1870") only applicable to that Colony.

That your Lordship had replied by pointing out that there were other Law Officers' Reports bearing on the same point, of which a list was given in the letter from the Foreign Ollice of the 19th January last, and had inquired whether, in view of these Reports, the Marquess of Ripon had any further observations to make.

That the letter from the Colonial Office of the 3rd March last contained the further observations requested.

That it would be noted that the question which was raised in this correspondence was one of great importance, and appeared to involve the consideration of the following points, upon which Sir T. V. Lister was especially to request our opinion :-

1. Was an alien naturalized in the United Kingdom under "The Naturalization. Act, 1870," entitled to the status of a British subject?

(a.) In Her Majesty's Colonies and foreign possessions?

(b) In foreign countries, excepting in his own country of origin, under the circumstances contemplated in the last part of the third paragraph of section 7 of the said Act of 1870 ?.

2. What was the proper construction to be placed in that respect upon the existing Convention between Great Britain and the United States of 1870?

3. Might the draft Convention, as concurred in by the Home Department, he properly submitted to the Italian Government, as a basis of negotiation in its present shape; or should

any,

and if so what, amendments or limitations be made in it? 74778.--15. 25.-4/93.

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