CO129-380 - Governor Sir Lugard - 1911 [9-10] — Page 305

F0/11360

Mr Robinson's harmo

300

In this despatch Sir F. Lugard puts forward

some general considerations connected with the question of the nationality of Anglo-Chinese; he then enters into a detailed examination of the various classes which he has sub-divided; and finally he states how ne proposes to treat applicants for certificates in the

future.

2. His general points are:-

(a) Chinese in Hong Kong keep up the closest

intimacy with their clansmen in China and appear to

desire to maintain their Chinese nationality as well as their British nationality.

(b)

Whatever solution is found must be applicable.

to all Anglo-Chinese.

(c) How far is His Majesty's Government prepared

to recognise China's nationality Law in view of extra-

territorial jurisdiction with which the Law conflicts.

(d) So far as Hong Kong is concerned the questions

of residence animus manendi and domicile are more in-

portant than birth or theoretical legal status.

3. As regards these general considerations (a) can more conveniently be dealt with under (c), while (b). simply restates the position taken up by the Secretary of State in the letter to the Foreign Office of the 31st

of May 1911.

Coming therefore to (c) it must be observed that the Chinese Law of Rationality modifies to some extent the previous Chinese doctrine that Chinese nationality is indelible. In face of that doctrine a system of extra-territorial jurisdiction has been estab- lished by which His Majesty's Government claims and

exercises