CO129-501-3 Chinese situation- Protection of British subjects of Chinese race 23-10-1926 - 21-12-1927 — Page 42

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has to be dealt with by the executive, as in the question whether protection shall be extended to a legal subject abroad the executive is free to act with due consideration of the circumstances. Thus there is a pretty general acceptance of the rule that no State shall protect its nationals residing in territory of another State which claims them as its own nationals, whether by jus soli, jus sanguinis, naturalisation, or any other title.

8.

All the above excerpts give the general

principles of the British law and International Law on

the subject of nationality, and the problems arising out

of them. Coming to the specific question of the status

of British subject of Chinese race, the matter presents

scute, practical difficulties. Based on the Roman

principle of descent, the Chinese law of nationality, if

acted upon, must result in conflict with the British law

which is based on the feudal principle of allegiance.

The difficulties arise from the fact that there are some

British subjects of Chinese race who are British subjects in name only. and not. in loyalty, sympathy or sentiment to

the country in which they reside. While in China thev

exercise all the rights and privileges of Chinese citizens without any regard to their duties as British subjects;

but when they come into conflict with the constituted Chinese authorities, thev immediately seek the privileges of British citizenship, and claim British protection.

The attitude of the Chinese authorities that they have the right to exercise jurisdiction over such persons as subjects of China is therefore not unreasonable, and deserves the support and sympathy of the British Government. To us, the solution seems to lie in finding a way to prevent anyone from assuming at his pleasure or con- venience a dual nationality; and to compel him to announce

unequivocally, once and for all, the nationality he

desires to assume.

10.