630
It is by the test of these instructions that I,
and I believe all other Consuls in China, decide as to what
British Subjects of Chinese blood are entitled to protection
in China, and not, as alleged in the petition, on the question
of dress, as laid down in Sir Rutherford Alcock's Circular of
October 7th, 1868. I take leave to doubt that for many years
at any rate there has been a single refusal to recognise a
British Colonial born Chinese on the ground that he did not
wear a distinctive dress. I believe I am therefore right in
stating that Sir Rutherford Alcock's Circular, though it has
never been actually withdrawn, has been virtually a dead
letter.
A certificate, such as is annexed to the petition, would confer on its holder a right to be treated as a
British Subject in any other country except that of his origin. I believe that it is an axiom that no person can have a
double nationality, and also that where a person of one nationality is born on foreign territory he has the option as to
which country he will elect to belong. Should he elect the
Country of his birth, and not that of his parents he must
throw off the allegiance to the Sovereign of the latter. In
China no law exists allowing him to do this. The abnormal
position
630
It is by the test of these instructions that I,
and I believe all other Consuls in China, decide as to what
British Subjects of Chinese blood are entitled to protection
in China, and not, as alleged in the petition, on the question
of dress, as laid down in Sir Rutherford Alcock's Circular of
October 7th, 1868. I take leave to doubt that for many years
at any rate there has been a single refusal to recognise a
British Colonial born Chinese on the ground that he did not
wear a distinctive dress. I believe I am therefore right in
stating that Sir Rutherford Alcock's Circular, though it has
never been actually withdrawn, has been virtually a dead
letter.
A certificate, such as is annexed to the peti-
tion, would confer on its holder a right to be treated as a
British Subject in any other country except that of his ori-
gin. I believe that it is an axion that no person can have a
double nationality, and also that where a person of one nationa-
lity is born on foreign territory he has the option as to
which country he will elect to belong. Should he elect the
Country of his birth, and not that of his parents he must
throw off the allegiance to the Sovereign of the latter. In
China no law exists allowing him to do this. The abnormal
position
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