CO129-380 - Governor Sir Lugard - 1911 [9-10] — Page 342

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reasonable the Governor's proposals to

British subject, and the children of

British subjects, wherever born, are

also subjects of His Majesty. It there-

fore follows that the children of per-

sons who are British subjects otherwise

than by naturalisation are British

subjects although they may have been

born in China or elsewhere outside

the Dominions of the Crown. In these

circumstances he is not prepared to

agree to the restrictions proposed by

Sir F.Lugard on the recognition of

persons in the fourth class as British

subjects, and he considers that they

should continue to receive protection

when in China.

13. As to Class five, that is,

children born in Hong Kong (or else-

where in British territory) of

parents who are Chinese subjects I

am to say that while regarding as

reasonable

protect such persons only on their giving

proof of continuous residence in the

Colony or a Treaty port and of the animus

manendi, Mr Harcourt thinks it undesirable

to make any concession in the matter un-

less during the negotiations with the

Chinese Government such a step should

appear necessary.

14. Chinese residents in Hong Kong

and Kowloon at the time of cession (of

whom there must be few or none alive)

and their children (Classes 6 & 7) must

in Mr Harcourt's view be British subjects

and be entitled to protection.

15. As to the status of persons

resident in the New Territory of Hong

(class 8),

Kong at the time of cession

Sir Edward

Grey will remember that the Law Officers

of the Crown have advised that they are

British subjects, while the Chinese

Government regard them as subjects of

China..