CO129-317 - Governor Sir Blake - 1903 [4-6] — Page 70

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

自重是所厚望須至執照者

一千九百零

香港輔政使司

給發執照串照得英籍民人

於一千八百

大英國家保護現本 香港誕生其愛母均屬華籍持此照之人若在中國地方不得藉口歸

督憲批準此執照並上附本人映相一張與

國家與該國經訂約章所有注册領護照用服色一概皆要恪守

收執嗣後如有前往外國須遵依

朝廷議院所定章程至於該處領事官隨時另立規條仍須一律奉行得稍有違犯務宜畢生

日 在為

日發粉

COPY.

Enclosure No. 2.

1.209

68

ard 13 MAY 04

Hon. Colonial Secretary,

The Petitioner having been born in Hongkong after the date of its cession to Great Britain is,

though born of parents subjects of the Emperor of China, a

British subject; having become such by the fact of his birth

within the Dominions of the British Crown. He therefore, coming

within the class “natural born subject", is under British Law, in

strictness, entitled, wherever he may be, to all the rights

possessed by and to all the protection due to natural born

British subjects.

It appears however that His Majesty's

Government have hitherto, as against the Chinese Authorities,

refused to consider or treat as British subjects persons born in

a British Possession of parents subjects of the Emperor of China;

and that instructions to the above have been given to all

Consular Officers in China.

In view of such existing instructions I

do not think the Consul at Swatow could properly make representa-

tions to the Chinese Government on behalf of the Petitioner; but

assuming the facts to be true as stated by the Petitioner His

Excellency the Governor may desire to bring them under the notice

of the British Minister at Peking and, perhaps, invite His Excel- |

lency's further consideration of the question of the protection of

Anglo-Chinese when in China. The reasons assigned hitherto for

refusing these British subjects the rights to which they are in

strictness entitled under British Law is stated in the comments on

the "Instructions to Consular Officers" to be to "prevent in

China the abuse of the Rules of English Law on the subject of

birth conferring citizenship" which it was feared might "occur if Chinese subjects could obtain for their children the status of British-born subjects by simply providing for their birth taking

place

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