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22047

No. 35.

(WESTERN PACIFIC.)

LAW OFFICERS to COLONIAL OFFICE.

[Question whether a certain Tongan woman married to, and divorced from, a British subject, remains a British subject subsequent to her divorce.]

MY LORD,

Royal Courts of Justice,

London, W.C., June 19, 1906. WE were honoured by your Lordship's commands signified to us by Mr. Bertram Cox in his letter of the 29th of May last, stating that he was directed by your Lordship to transmit to us a despatch from the High Commissioner for the Western Pacific raising the question whether a certain woman of Tongan race, formerly married to a British subject but afterwards divorced from him, remains a British subject subsequent to her divorce.

That Tonga was a group of islands in the Western Pacific Ocean, under the protection of His Majesty, but not part of the British dominions, and retaining its own domestic laws and Constitution.

That he was to request that we would take the matter into our consideration, and report whether we agree with the opinion of the Chief Judicial Commissioner, who advised that the woman in question remained a British subject, and also that we would favour your Lordship with any observations that we might see fit to make upon the conjectured rule suggested by Professor A. V. Dicey as an inference from the Naturalization Act, 1870, Section 10 (1) and (2), upon which the Chief Judicial Commissioner's opinion appeared to have been based.

We have taken the matter into our consideration and, in obedience to your Lordship's commands, have the honour to

Report-

That, in our opinion, the woman in question who became a British subject on her marriage, does not cease to be a British subject by reason of her divorce, There is no authority on the point, but we think Professor Dicey's suggested rule is in accordance with sound principle.

We have, &c.,

JOHN L. WALTON. W. S. ROBSON.

The Right Honourable

The Earl of Elgin, K.G.,

&c..

&c.,

&c.

96

Wt 1649

7/06 D & S &

25219

PUBLIC RECORD OFFICE

C.O.8

Reference :-

.885

16 PUBLIC RECORD OFFICE, LONDON

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

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