CO129-481 - Governor Sir Stubbs - 1923 [8-12] — Page 498

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Mon. Colonial Secretary,

The following passage occurs in the judgment of De Saumarez in Ho Tes Teun 7. Ho Au Shi, Hongkong Law

Report Vol.10 at page 73:-

"Shortly stated it is clear from these (affidavits *of Mr. Ross and Mr. Lin Wei Chang) that China is a "polygamous country: that the first wife has precedence,

"but that the other wives are wives and not merely

"concubines: that the children of all are legitimate", but Sir William Rees Davies, in his judgment at page 81

makes it clear that, although there may be statutory provision or reservation of a custom whereby all the children of an intestate share in the distribution of his estate, no Christian country would recognise polygamy.

No Tez Toun v. Ho Au Shi appears to be an author- ity on the question of distribution only.

I think I am correct in stating that the Italian Civil Code makes some provision for the sharing by illegitimate children in their father's estate.

In my opinion the British Nationality and Status

of Aliens Acts 1914 to 1922 contemplate one wife to the exclusion of others, and only children bom to a man by such wife, and that Mr. Lee's concubines and sons by concubines or adoption should not be mentioned in and are not affected by any Certificate of Naturalisation that may

be granted to him.

14th December, 1923.

(Sd.)

H. K. Holmes,

Crown Solicitor.