CO129-507-2 China- protection of Anglo-Chinese 11-11-1927 - 23-11-1928 — Page 14

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

Hong Kong

DESTROYED UNDER STATUT

Το

~

(til conson)

1:30. To hor. Singapore (tel conson)

7.11.28

7.11.28

14

Lyne Act, the I (okly

Sir G. Grindle.

Seen. Political expedience or necessity may

require concurrence in extraordinary and complicated

provisions as to the status in China of Anglo-Chine se

and their descendants.

But outside China their status will be

determined by ordinary l'unicipal Law, and any British

Court would be obliged to hold that the child born

in Chine (or anywhere else out of H.. Dominions!

of a father of Chinese extraction who by birth in

Hong Kong was a natural born Eritish subject, was

also a natural born British subject, whatever other nationality that child might also possess under

the law of the place where he was horn. Such a

child would only lose his British nationality by

making a declaration of clienage on attaining his

mejority. (British nationality etc. Act 1914

Section 14 (2) ). If he does not do so he is, and

remains, a natural bom British subject, and a

Court would not pay any attention to the fact that

some Executive Authority as a matter of political

expedience refused to recognise him in China as

a british subject.

That is why I rogard all this businss as

being administrative rather than legal.

I agree.

JS.R.14/11/20

In fact we have satisfied dreselves

by frequent discussion with the F.D. that

a satisfactory settlement from the strictly

vies is impossible. Whate

legal point

These legal staties in

12 ay

be we cannot

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