CO885-(18-19) — Page 516

PUBLIC RECORD OFFICE

C.O.885

Reference -

19 PUBLIC RECORD OFFICE, LONDON

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General Botha (page 535).

General

Rotha

(Page 537)"

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We suggest, therefore, that at the end of the clause the following words should be added—“ or on summary conviction to imprisonment with or without hard labour for any term not exceeding three months.”

In

(8) We have considerel again the provisions of Clause 26 which authorises His Majesty in Council to give Imperial effect to local certificates of naturalization. our preliminary observations we have dealt with the general principles involved in this procedure, and we think that some of the objections to the Clause might be removed if instead of providing as a condition of Imperial naturalization that the conditions to he fulfilled must be substantially the same as those of the Imperial Bill, provisions were made that the conditions should be not less stringent than those of the Imperial Bill.

It seems, however, desirable at this point to examine the suggestion for an alter- native procedure which was made by General Botha on behalf of the Transvaal. This suggestion was that provision should be made in the Bill that certain portions of it might he put into force in any portion of His Majesty's dominions by Proclamation of the Governor which would be issued on the advice of responsible Ministers; the Imperial Act would provide that the Proclamation should name the authority to issue certificates of naturalization and that certificates so issued'should have effect as if issued by the Imperial Secretary of State. We would observe that any eriticism levelled against Clause 26 in its present shape as involving interference with the powers of a self-governing Colony would seem to be equally applicable to the alternative suggestion. The Order in Council would, of course, not issue except after consultation with, and with the consent of, the Colonial Government, and it might be well to state expressly in the Bill that in the case of the self-governing Dominions the Order in Conneil would issue at the request of the Colonial Government.

(9) Under the English Common Law, which is reproduced in the first sub-section of Clause 28, nationality is determined by place of birth. Any person born in any part of the dominions of His Majesty is a natural-born British subject. We do not consider it practicable to make the exception proposed in General Botha's memorandum that the child of an alien indentured labourer of non-European descent should not be deemed to be a natural-born British subject. We understand that the exception is not at present maintainable in South Africa under the Roman Dutch Common Law, and, as we have already pointed out, we do not consider it possible to draw such a distinction under an Imperial Act.

(10) We have dealt above with the question of the continuance of local naturaliza- tion. It is possible that the self-governing Dominions may prefer to have this question specially safe-guarded in the Bill and, if so, the end could be obtained by a further saving in Clause 29. The alternative would be to express it in a separate clause of the Bill.

We

The above are the detailed amendments which we have to suggest in the Bill. think it proper to add certain observations arising mainly out of the amendment proposed in Clause 8. The Bill cannot be applied to any colony under Clause 26 unless it appears that under the law of that colony the conditions to be fulfilled by aliens with respect to naturalization are substantially the same as, or, as we suggest, not less stringent than, those required under the Bill. Whether this is or is not the case in any given instance is It is a matter which would require careful consideration when the occasion arises. -ufficient for our present purpose to note two main differences between the conditions provided by colonial naturalization laws and those provided in the draft Bill, viz. : (a) thar in some cases* there is an express bar to the naturalization of non-Europeans. () that in some cases the term of residence required as a condition of naturalization is Shorter.

As regards (4), it may be fairly held that the provision in Clause 8 that an applicant must have an adequate knowledge of the English language approximates in substance to the condition in the Australian and Natal laws as to European birth or descent.

The Australian Commonwealth Act 11 of 1903, excludes "aboriginal natives of Asia, Africa or the Jalands of the Pacific, excepting New Zealand"; the Natal Act 18 of 1905, specifies “ European birth or descent."

teg, in Australia two years, in Canada three years.

As regards (6), those Dominions where a shorter period of residence is required as a condition of naturalization will no doubt consider whether, in view of the advantages of a uniform scheme of Imperial naturalization, they can properly introduce any modification in the terms of their legislation. As has been already pointed out above, such modification would not necessarily involve a departure from the present standard of local naturalization. It will be remembered that in South Africa the five years' term is miversally accepted by law or practice.

We would add one remark about India. As far as we know very few persons are naturalized in India for the purposes of residing in any country other than India. India, therefore, has very little practical interest in this Bill. She is, of course, deeply interested in any legislation which affects those of her 230,000,000 natural-born subjects who may emigrate to or may be resident in other parts of His Majesty's dominions. But that is a matter entirely untouched by the present Bill, and any recommendations with respect to it are entirely outside the scope of the measure.

The Committee desire to express to their Secretary, Mr. W. A. Robinson, their best thanks for his valuable services.

W. A. ROBINSON, Secretary, 24th July, 1908.

M. D. CHALMERS,

H. W. JUST, -

WILLOUGHBY MAYCOCK,

S. G. SALE.

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