CO885-(13-15) — Page 319

PUBLIC RECORD OFFICE

Reference :-

C.O.885

14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

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That Sir T. V. Lister was also to request that we would favour your Lordship with any general observations we might wish to offer in connection with the papers.

In obedience to your Lordship's commands, we have taken the matter into our consideration, and have the honour to-

Report-

We are unable to suggest any construction of Clause 7 of "The Naturalization Act, 1870," which will reconcile the earlier operative part of the section with the qualification

at the end.

It is to be observed that the first part of the section deals affirmatively with the right of a naturalized alien within the United Kingdom, not denying him rights out of the United Kingdom, which appear to be conferrod by necessary implication in the qualifying Clause. On the whole, then, while recognising the great difficulty of the question, we are of opinion that the better construction is that :—-

1. An alien naturalized in the United Kingdom under the Act of 1870, is entitled to the status of a British subject.

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

b.) In foreign countries, except that in the country of which he was a subject before naturalization, he must satisfy the terms of the qualification.

2. We are further of opinion that this construction is involved in the terms of the Convention with the United States.

3. That the Convention concurred in by the Home Office cannot, without full explanation, properly be submitted to the Italian Government in its present shape as the basis of negotiation, but that it is not desirable that any substantial limitation should be made. Tho draft should be submitted with a full explanation of the difficulty, pointing out that, in practice, no difficulty has hitherto arisen with regard to the United States' Convention.

may

That having regard to the extreme difficulty of construing the existing Act, and our obligations to the United States, it is highly desirable that an attempt should be made by further legislation to set the matter on a clearer basis, though there difficulty in bringing about a complete remedy for the existing state of things which be great would require that naturalization in any Colony should be naturalization throughout Her Majesty's dominious.

List of Papers.

We have, &c. (Signed)

(A.) Convention between Great Britain and the United

C. RUSSELL. JOHN RIGBY.

November 17, 1892.

States

May 13, 1870.

(B.) Home Office

October 27, 1892.

(C.) Ditto

-

(D.) To ditto

November 19,

(E.) Home Office

+

November 21,

(F.) Draft Convention with Italy.

(G.) India Office

December 5,

(H.) Colonial Office

"

-

November 23,

(I.) To ditto

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(J.) Colonial Office

January 19, 1893. March 3,

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ANNEX.

Draft Convention.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the King of Italy, being desirous to regulate certain questions connected with the naturalization of subjects of either High Con- tracting Party within the dominions of the other, have resolved to conclude a Convention for that purpose, and havo named as their Plenipotentiaries, that is to say:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India,

And His Majesty the King of Italy.

Who, having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles :-

ARTICLE I.

British subjects who have become, or shall become, and are naturalized voluntarily according to law within the dominions of His Majesty the King of Italy as Italian subjects, shall be held by Great Britain to be in all respects and for all subjects, and shall be treated as such by Great Britain, and shall cease to be British purposes Italian subjects.

Reciprocally, Italian subjects who have become, or shall become, and are naturalized voluntarily according to law within the dominions of Her Britannic Majesty, shall be beld by Italy to be in all respects and for all purposes British subjects, and shall be treated as such by Italy, and shall cease to be Italian subjects.

ARTICLE II.

If any such British subject as aforesaid, naturalized within the dominions of His Majesty the King of Italy, should renew his residence within the dominions of Her Britannic Majesty, Her Majesty's Government may, on his own application, and on such conditions as that Government may think fit to impose, readmit him to the character and privileges of a British subject, and Italy shall not in that case claim him as an Italian subject on account of his former naturalization.

In the same manner, if any such Italian subject as aforesaid, naturalized within the dominions of Her Britannic Majesty, should renew his residence within the dominions of His Majesty the King of Italy, the Italian Government may, on his own application, and on such conditions as that Government may think fit to impose, readmit him to the character and privileges of an Italian subject, and Great Britain shall not in that case claim him as a British subject on account of his former naturalization.

ARTICLE III.

The present Convention shall be ratified, and the ratifications shall be exchanged at as soon as possible. It shall come into operation upon the exchange of ratifications, and shall remain in force for a period of ten years, and thereafter until terminated by either party on twelve months notice.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at