Enclosure 3.
422
0.0.
22256
Rece
Minute by the Acting Attorney General.
COPY.
Honourable Colonial Secretary.
In the case of a cession of territory the population of such territory is subjected (unless otherwise stipulated by treaty) to the sovereignty of the state by which such territory is acquired (see Hall on International Law 2nd Edition page 527).
In the present case however the new territory has not been ceded to us but has only been leased to us for ninety-nine years, and I am, therefore, of opinion that Cheung Ting Shung cannot be regarded as a British subject.
In view, however, of the great importance of this question, and of the doubt of direct legal authority upon this subject, I would suggest that it would be proper to request the Secretary of State to take the opinion of the English Law Officers of the Crown upon this question of nationality.
It is most desirable that such a question should be definitely settled by high authority, as it may become of considerable moment in the administration of justice and in other matters.
(Signed) H. E. Pollock, Acting Attorney General.
8/7/99.
فال
Enclosure 3.
422
0.0.
22256
Rece
Minute by the doty Attorneypedal.
dery
COPY.
Honourable Colonial Secretary.
In the case of a cession of territory the population
of such territory is subjected ( unless otherwise stipulated
by treaty ) to the soverlengty of the state by which such ter-
Internahmal
ritory is acquired (see Hall on substantial law 2nd. Edition page
527').
In the present case however the new territory has
not been ceded to us but has only been leased to us for ninety
nine years, and I am, therefore, of opinion that Cheung Ting
Shung cannot be regarded as a British subject.
In view, however, of the great importance of this
question, and of the doubt of direct legal authority upon this
subject, I would suggest that it would be proper to request the
Secretary of State to take the opinion of the English Law Officers
of the Crown upon this question of nationality.
It is most desirable that such a question should be
definitely settled by high authority, as it may become of con-
siderable moment in the administration of justice and in other
matters.
(Signed) H. E. Pollock, Acting Attorney General.
8/7/99.
}
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