CO129-380 - Governor Sir Lugard - 1911 [9-10] — Page 316

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that they enjoy a dual nationality.

iii.

311

Children of the same born outside the

King's dominions:-

These have small claim to recognition

as British subjects and if they were born in China our contention that place of birth decides nationality would appear to shut them out entirely. If their father had divested himself of Chinese nationality under the Chinese law they might, however, be recognised as British subject to the conditions set out under ii.

iv.

Children born either in the King's

dominions, in China, or elsewhere, of parents who were them- -selves British subjects by birth or otherwise than by naturalization:-

Mr. Hurst holds that if born in the

King's dominions they are British subjects (Class B). The Attorney-General holds that wherever born. they enjoy that

status. I agree with Mr. Hurst's view subject to the with-

-drawal of protection for continued residence in China as

in the cases already dealt with. If born outside the King's

dominions I submit that their recognition should be con-

-ditioned as in iii.above.

V.

As to children born in Hongkong of

Chinese parents subjects of the Emperor of China (Class C):-

I submit that the same recognition with

the same limitations should be accorded to this class as

to those named above, viz.:- that such a person may claim to be a British subject, but no passport to China would be granted to him unless he had not only resided continuously in the Colony, but had afforded adequate proof of his intention to permanently establish himself either in the King's dominions or in a Treaty Port, and protection would be withdrawn if these intentions subsequently dis- -appeared. Proof of a desire to claim British nationality

must