CO129-383 - Public Offices - 1911 — Page 18

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Sir John Jordan after his return; but in view of Sir Francis May's despatch, in which requests instructions as to the advisability of authorising Dr. Ho Kai to make a formal renunciation of Chinese nationality in accordance with rule 1 of the special rules, I thought it best to at once lay before you my ideas on the subject for what they may be worth, together with copies of my correspondence with Sir Havilland de Sausmarez and the Crown Advocate."

At the present stage it would be premature to enter into a detailed criticism of the clauses of the law. Obviously the principle that Chinese descent involves Chinese nationality in perpetuity is inadmissible and must be modified; again, the acceptance of any such law, as this nationality law, must be a matter of agreement between the Chinese Government and the foreign Governments concerned; and finally, any person hitherto recognised as a British subject must continue to be so recognised. In regard to the rules governing the renunciation of Chinese nationality, the provision in article 18 that the application should be addressed to the local authorities is perhaps objectionable, and it would be probably better that it should be made direct to the Ministry of the Interior.

The cases of persons hitherto recognised as British subjects are covered by special rules 1 and 2. By special rule No. 1 persons of Chinesc descent who have acquired a foreign nationality and may in the future desire to return to China must, in order to divest themselves of their Chinese allegiance in China, apply to the consul of their adopted nationality and request him to officially notify the Chinese authorities of their renunciation of Chinese nationality. On the other hand, persons of Chinese descent who have acquired foreign nationality, but have already returned to reside in China, have to apply themselves to the Chinese authorities. This proviso appears to me to open the door to various malpractices, and should be altered, and in my letter to Sir Havilland de Sausmarez I suggested as an acceptable alternative the mere communication to the local authorities of a list of the names of British subjects of Chinese descent already registered at the British consulate.

I have, &c.

W. G. MAX MÜLLER.

9

Enclosure 2 in No. 2.

Acting Governor-General of the Liang Kuang to Consul-General Jamieson,

(Translation.)

Canton, November 2, 1909 (Hsüan Tung,

1st year, 9th moon, 20th day).

I HAVE the honour to acknowledge the receipt of your letter of the 29th October, stating that as Yuan Chin-hua was born in Hong Kong, and was a natural- born British subject, you had to request that his passport might be sealed and returned, and further that you had written to Yu Tao-sheng, instructing him to appear before you and explain his case, when action would be taken accordingly.

I have the honour to observe that, by the custom of China, the nationality of an individual is determined by that of his blood relations, and a son or grandson cannot change the nationality enjoyed by his father or ancestors. It is on this account that rule 1 of the Naturalisation Regulations lays down that, if the father of a child is a Chinese subject, or if, the father being unknown, the mother is Chinese, the child, whether born on Chinese soil or not, remains a Chinese subject. This procedure is different from that adopted by Great Britain, where nationality follows the place of birth.

Even although Yuan Chin-hua was born in Hong Kong, his father and grand- father were Chinese subjects, and it is impossible to recognise him as a British subject in defiance of the existing regulations. If the man in question wishes to become & British subject, I would request you to instruct him, in accordance with rules 17 and 18 of the Naturalisation Regulations, to report the fact to his local authorities, when the instructions of the Board of the Interior will be obtained.

I avail, &c.

Enclosure 3 in No. 2.

(Card of Governor-General.)

(No. 117.) Sir,

Enclosure 1 in No. 2.

Consul-General Jamieson to Sir J. Jordan.

Canton, December 17, 1909.

I HAVE the honour to transmit berewith copies and translations of certain correspondence that has passed between the Acting Governor-General and myself with regard to the question of his treaty obligation to countersign passports issued by this office to British subjects of Chinese descent.

As, in his last despatch of the 16th December, his Excellency explicitly states that he is bound by the new naturalisation laws, and that he cannot depart therefrom, I have no alternative but to lay the matter before you, in order that you may make such representations to the central Government as may appear to you to be called for.

The essential principle from the Chinese standpoint is that Chinese blood imposes on those in whose veins it flows Chinese nationality in perpetuity, unless permission to divest themselves thereof has been obtained from the authorities of their ancestral home. Against this I have argued that such a contention is contrary to international law, that internal legislation cannot override treaty provisions, that in any case China, before carrying new legislation of this kind into force, should have approached the Powers interested, and that under no circumstances could it have retrospective effect.

I understand from His Majesty's acting consul at Amoy that no objection to the counter-signature of passports for British subjects of Chinese descent has been raised in the province of Fukien, and in the province of Kuangtung passports have been countersigned throughout the current year up to the time of his Excellency Yuan's arrival.

I have, &c.

J. W. JAMIESON.

Consul-General Jamieson to Acting Governor-General of the Liang Kuang.

Your Excellency,

Canton, November 12, 1909.

I HAVE the honour to acknowledge the receipt of your Excellency's letter of the 10th November, forwarding to me a copy of the Naturalisation Regulations. As these regulations have not received the approval of the British Government, they cannot be enforced against British subjects. I am, therefore, again returning to your Excellency the passports of Yi Tao-sheng and Li K'ang, and have the honour to request your Excellency to seal them, together with Yuan Chin-hua's passport which was transmitted to you on the 29th October, and to return the three passports to me to be handed to the applicants. Should you, however, persist in refusing to scal these passports, I shall be obliged to telegraph to His Majesty's Minister at Poking for his instructions.

I have, &c.

Enclosure 4 in No. 2.

J. W. JAMIESON,

Acting Governor-General of the Liang Kuang to Consul-General Jamieson.

Canton, November 17, 1909 (Hsian T’ung, 1st year, 10th moon, Eth day).

(Translation.)

I HAVE the honour to acknowledge the receipt of your note of the 12th instant, stating that as the Naturalisation Regulations had not received the approval of the Government of Great Britain, they could not be enforced against British subjects. You accordingly returned the two passports for Yü Tao-sheng and Li Kang, and requested that they might be scaled, together with Yuan Chin-hua's passpost, and sent back for delivery to the parties.

I have the honour to point out that the issue of regulations by the Chinese Government is a matter which concerns the sovereign rights of China, and that it is Your note under acknow- unnecessary to obtain the prior consent of Great Britain. ledgment was read with considerable surprise.

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