照
自重是所厚望須至執照者
一千九百零
年
月
香港輔政使司
給發執照串照得英籍民人
於一千八百
十
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
年
月
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
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