CO885-(18-19) — Page 515

PUBLIC RECORD OFFICE

Reference :-

C.O.885

19 PUBLIC RECORD OFFICE, LONDON

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(General Botha,

page 535.)

(Mr. Brodenr, page 5343

(General Botha, page 536.

(General Botha,

page 587.

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As regards (1) the Bill as drafted profiles that the method of bringing it into operation throughout the Dominious of the Crown beyond the seas should be by Order in Council. The question was raised at the Conference whether this involved interference with the legislative powers of self-governing Dominions, either generally, or in regard to the specific question of naturalization.

We would observe that the adoption of the Bill will involve no change as regards the question of local naturalization: that is to say a certificate of naturalization in any colony or dependency to which the provisions of Clause 26 (1) are not applied by Örder in Commeil will only have effect within the territorial limits of that colony or dependency, although the holder of such a certificate will be entitled to a British passport ensuring to him the good offices of His Majesty's diplomatic and consular representatives if he goes into a foreign country. We would also add that local naturalization will continue to constitute the basis for a decision whether it is possible for an Order in Council to issue applying the Draft Bill to any dominion or colony. It will of course be competent to a colony to have two standards of naturalization, one which would quality for leal naturalization only, while the other, being not less stringent than that of the Imperial Act, might qualify for Imperial recognition.

On the question of interference with the legislative powers of the self-governing Dominious we would observe that if a certificate of naturalization is to have effect through- out the dominions of the King, this can only be effected by the intervention of the Imperial Parliament. A colonial legislature can only legislate for its own territory, and the operation of any colonial law is necessarily restricted to the boundaries of that colony. If naturalization which is to run throughout His Majesty's dominions is desired (and we see no indication to the opposite in the proceedings of the Conference) it can only be effected through the agency of the Imperial Parliament. The object of the Bill in its application to the Dominions beyond the seas is to give extra-territorial effect to the laws passed by local legislatures,

With these preliminary observations we provved to submit for consideration the following suggested amendments of the Bill.

We have assumed that His Majesty's Government still approve the recommendations of the Interdepartmental Committee of 1901, and the reasons on which they are founded. The suggestions we make are by way of concessions to Colonial criticisms and to render the Bill more acceptable to the great self-governing dependencies,

(1) We think that the long title of the Bill should be altered.

It is scarcely correct since the passing of the Aliens Act, 1905, which it is not proposed to consolidate. We think the title should be “A Bill to consolidate and amend the enactments relating to Naturalization, British Nationality, and the status of Aliens.”

(2) Clause 7 proposes that five years' residence in any part of His Majesty's dominions should quality for naturalization, either in that part or in any o

The other part. object of this provision is to enable past residence and future residence in the Colonies to be reckoned towards qualification for a certificate granted by the Secretary of State.

We think this Clause should be qualified by providing that if the applicant has during the qualifying period resided in different portions of His Majesty's dominions he must, immediately before his application, have resided for not less than twelve months in that part of His Majesty's dominions in which he socks to be naturalized.

If some such condition be not inserted enquiry into the character and antecedents of the applicant. would be a matter of great difficulty. If the condition suggested be thought too stringent. it might be sufficient that the period of twelve months' residence should be within the two years immediately preceding the application,

The suggestion that an applicant for naturalization should be required to specify his intention to reside in the place where he is naturalized would be a reversion to the existing law which it is one of the main objects of this Bill to alter, and which has operated with great hardship in the past, to the exclusion of men of high standing from full British citizenship.

(3) Clause 8 as it stands only requires the applicant to produce evidence of his past residence and his intention to reside for the future in British dominions, though it leaves an absolute discretion to the Secretary of State to exclude any applicant without giving reasons.

We think that many of the Colonial objections would be met if the main conditions at present insisted on by the Secretary of State, in the exercise of this discretion, were embodied in the Bill itself, and we suggest the addition of words to make it clear that the applicant must produce—

(a) evidence of good character; and

(b) evidence that he has an adequate knowledge of the English language. As regards (a) it is the practice of the Home Office that in each case there should he u police report on the applicant's character, which further has to be vouched for by four referees. It is not merely the person who has been convicted of serious crimes that has to be guarded against, but the person who would be an undesirable citizen and who would be liable to expulsion under the Aliens Act if convicted of any offence punishable by imprisonment, e.g., keepers of gaming houses and brothels, souteneurs, and fraudulent bankrupts.

As regards (6) the condition at present imposed by the Home Office thai a person seeking naturalization must be able to speak and read English would automatically exclude the vast majority of the members of the coloured races, who would he likely to seek admission in any self-governing dominion. It is also worthy of adoption in the Bill on its merits. By naturalization under the Bill a man acquires a right to enter the public service, to vote for Parliament and for Municipal Elections in the United Kingdom, and to be elected a member of the British Parliament. Obviously he is unfit to have these privileges unless he has such knowledge of the English language as would enable him to understand and take part in the controversies of the day. He ought to be able to speak, read, and write English with reasonable facility.

as natural (page 536).

(4) We propose no Amendment to Clause 9. That clause merely removes doubt General by affirming the principle that naturalization by a Secretary of State operates throughout Botha, the dominions of the Crown and puts naturalized persons on the same footing born British subjects. We agree with the Committee of 1901, who say "It is impossible to ask a foreign country to deprive its subjects of their nationality, unless this country is in a position to offer in return the status of a British subject, recognised everywhere, both within and without His Majesty's dominions." We have already pointed out that any Colonial law which applies to Asiaties or Afriems who are natural-born British subjects would equally apply to naturalized subjects.

page 97 of

(5) Clause 12 introduces for the first time a power to revoke certificates of (Cape naruralization on the ground that they have been obtained by false representation or fraud, Ministers. and is admittedly a desirable addition to the law.

ii. 3524.) It was suggested that the discretion of the Secretary of State to revoké should be (Mr. unqualified, just as his discretion to admit to naturalization is unqualified. We see strong Deakin, objections to this suggestion. Naturalization alters the status not only of the person page 535.) naturalized, but of his wife and children, and it involves the loss of his former nationality. We think, therefore, that revocation should be confined to the case of naturalization obtained by frand or false representation.

(6) In Clause 17 (5), which deals with the naturalization of minors, we prefer the wider terms of the alternative sub-section, but we suggest that instead of the words "the conditions described in Section 8" there should be substituted the words or any of the conditions described in Section 8."

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It would be absurd to require that an infant in arms residing with it- mother should have to produce evidence of good character and an adequate knowledge of the English language, but those conditions might very well be enforced with reference to a lad of 18 or 20 years of age. On the other hand, the naturalization of a minor ought to be an exceptional matter, justified only by exceptional reasons.

(7) Clause 24 provides for the punishment of persons making false declarations under the Act, but the only machinery it provides is the cambris and complicated method of prosecution on indictment. We think that the provisions of the Act would be much more effective if false declarations, at any rate în minog cases, could be dealt with summarily by proceedings before a magistrate. Prosecution by indictment should be reserved for cases of special aggravation. A small punishment quickly inflicted is often more effective than a severer puni-hment which involves a long and cumbersome procedure.

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