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an advantage. On the other hand, I fully agree with what Mr. Wilkinson says as to the inapplicability of Chinese law and custom to British subjects, whether by birth or naturalisation, but it seems to me that by divesting themselves of their Chinese nationality, the British subjects in question will only make it all the more impossible for Chinese law or custom to be applied to them, and our consular officers would be standing on much firmer ground in any action they might undertkae on their behalf.
Again, I can easily understand that British subjects of Chinese descent, especially if they are rich, might be unwilling to go through the prescribed formalities, but this I would suggest might be got over by interpreting the articles 1 and 2 of Appendix (A) in a liberal and convenient manner to be arranged with the Chinese Government, e.g., by mere communication to the local authorities of the names of British subjects of Chinese descent already registered at the consulate.
From a legal point of view the matter appears to be further complicated by the treaties and the extra-territorial jurisdiction of the treaty Powers, and it is more especially on this point that I should wish to be favoured with your opinion.
As I have before indicated, what I am aiming at is to find some simple procedure which will enable consuls to deal more easily with cases of double nationality, and it appears to me that such a procedure might be based on a modified acceptance of the Chinese nationality law.
I should be much obliged if you would, at your convenience, carefully consider my suggestion in connection with the various papers I am sending you, and let me know whether you think there is anything in it, in which case I would submit it to His Majesty's Government with much more confidence.
I have, &c.
Enclosure 10 in No. 2.
Chinese Law of Nationality.
W. G. MAX MÜLLER,
CHAPTER I.-Natural Possession of Chinese Nationality.
Article 1. Any person coming under one of the following classes shall be held to be of a Chinese nationality, whether born or not born within the Chinese Empire:--
(a.) Person born of a Chinese father.
(b.) Person born after the death of father-such father being a Chinese subject at time of his death.
(c.) Persons when the mother is Chinese and the father unknown, or of no nationality.
Art. 2. Persons born in Chinese territory whose father and mother are unknown, or of no nationality shall be equally Chinese subjects, as well as children found in China and abandoned, and whose place of birth is unknown.
CHAPTER II.-The Acquisition of Chinese Nationality.
Art. 3 Foreigners who fulfil the following conditions can, if they desire to do so, apply to be naturalised as Chinese subjects :-
(a.) To be domiciled in China for more than ten consecutive years.
(b.) To be over 20 years of age, and to have legal capacity according to the law
of their country.
(c.) To be of good character and repute.
(d) To have sufficient personal resources and means of existence.
(e.) That according to the law of their country they lose their own nationality after having required Chinese nationality.
Persons of no nationality can apply to be naturalised if they are more than 20 years of age and fulfil conditions (a), (c), and (d).
Art. 4. Foreigners or persons of no nationality who shall have rendered exceptional
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services to the Chinese Government can, even if they do not fulfil the first four conditions of the preceding article, be granted special permission to become naturalised on a joint report by the Wai-wu Pu and the Ministry of the Interior to the Throne.
Art. 5. Any foreigner or person of no nationality coming under one of the following classes thereby acquires Chinese nationality:
(a.) Women married to Chinese.
(b.) A child having a Chinese stepfather and living under his roof. (c.) An illegitimate child recognised by the father who is a Chinese subject. (d.) An illegitimate child recognised by the Chinese mother and whom the father does not consent to recognise.
Provided always—-
(i.) That under section (a) a valid marriage has taken place and been properly reported, and that under sections (b), (c), and (4).
(i) Children who under the law of their country are not of age and unmarried women are alone included.
Art. 6. Any woman and any child under age whose husband or father shall have become a naturalised Chinese subject shall acquire Chinese nationality at the same time as the busband or father, provided that, according to the law of their country, they lose ipso facto their own nationality.
If the woman herself desires to become a Chinese subject or if the father desires that his child--who is still a minor shall acquire the nationality, an application can be made to that effect without it being necessary to satisfy the conditions of article 3.
A son who is of full age and whose father has become a naturalised Chinese subject can also make an application to this effect without it being necessary to fulfil the four first conditions of article 3.
Art. 7. A married woman cannot apply to be naturalised independently of her husband.
Art. 8. Persons who become naturalised cannot fill any of the following positions
(a.) Member of the Grand Council or of the Imperial Household, or metropolitan or provincial official above the fourth rank,
(b.) Officer or soldier (N.B.-includes navy),
(c.) Member of the Senate or Parliament and of the Provincial Assembly.
These restrictions may be withdrawn on a special report from the Ministry of the Interior to the Throne after a lapso of ten years in the case of a special naturalisation (for exceptional services) and after a lapse of twenty years in other cases.
Art. 9. Any person applying to be naturalised must bind himself formally in writing to always observe the laws of China after he has become naturalised, and to renounce the rights which he possesses under his foreign nationality. Such person should be guaranteed by two of the gentry of the place in which he or she resides, and they shall sign a bond to that effect.
Art. 10. Any application for naturalisation should be addressed to the local authority, who will communicate it to his superior authority, and the latter will transmit it to the Ministry of the Interior. The Ministry, after having given their approval, will issue a certificate in proof of nationality, and the naturalisation of the applicant shall date from the time of the delivery of the certificate to him.
Those who acquire Chinese nationality by virtue of article 5 ought to inform the local authorities, who will notify their superior authorities, and the latter will write to the Ministry of the Interior in order that the matter may be put on record,
As regards persons resident abroad, their application should be made to the Chinese consul for transmission through the diplomatic representative to the Ministry of the Interior, or can be made direct through the diplomatic representative.
CHAPTER III.-Loss of Chinese Nationality.
Art. 11. Any Chinese subject who desires to acquire a foreign nationality must in the first instance demand permission to abandon his or her Chinese nationality.
Art. 12. Permission will not be given those-
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