CO129-380 - Governor Sir Lugard - 1911 [9-10] — Page 310

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(1) Hong Kong has naturalization laws (44/02) but the rights conferred by naturalisation there- under are not valid outside the Colony. (2) Chinese resident in Hong Kong maintain an inti-

mate connexion with their fatherland.

(3) The Colony consists of 3 parts:-

(a) The original cession over which our

Sovereign rights are unquestionable. (b) The Kowloon Cession which seems now to stand on exactly the same basis as the Original Cession.

See Alabas

Memo. Enclos

A .on 37662/1

(c) The New Territories which were leased to Great Britain in 1898 for 99 years and which may stand on a different footing. (4) The existence of the Consular Courts in the

Treaty Forts.

(5) The fact that almost the same problem exists with regard to the Straits where however the Government wish to keep the Chinese as subjects, whereas at Hong Kong the inclination ap- parently is to have as little to do with them

as possible.

The difficulties arising from the above state

of affairs have been under consideration for some time and it is proposed to have them discussed by a commission appointed by the two Governments and to include repre-

sentatives of the Straits (see on 30343/11).

Sir F.Lugard now writes his considered opinion on the various points which arise with a view to clear-

ing the decks for action. What the practice in Hong

PP 3

And see Mr. Robinson's minute on 21189/10 pardgraphs 6-10.

p.13

Kong so far has been is set out in Mr Brewin's memo. (Enclosure B . on 37662/11) and Mr Wilkinson's memo of print on 11360/11. It appears to be to grant cer- tificates in Hong Kong to all Anglo Chinese (except naturalised persons) who have resided 3 years in the Colony before the date of the Certificate. This cer- tificate directs that the person holding it must, in order to claim protection in China, register at the nearest British Consulate (in China). This certificate is handed to the applicant who takes it to China regis- ters it and then apparently if he wishes to visit the interior applies through the Consul to the Chinese Authorities for a passport to travel in the interior. It is in this way that trouble has occasionally arisen (see pages 8-11 of print on 11360/11).

Sir F.Lugard now goes into the question in detail. By way of preliminary he emphasizes (a) the close relations maintained between Hong Kong Chinese and their homes (b) the need that any solution must be equally applicable to the Straits. (c) His own view is

that for a workable solution the main consideration

must be that of domicile - the animus manendi.

The persons in regard to whom the question may arise may be divided into 9 classes:

1.

Chinese naturalised in Hong Kong.

ii Their children born in Hong Kong.

iii. The children of(i)born outside British

Dominions.

iv. Children, wherever born, of parents themselves

British subjects (not naturalised).

Kong

V.

Children born in Hong Kong of Chinese Subjects.

vi.