1923-11-16 — Page 8

THE HONGKONG DAILY PRESS, FRIDAY, NOVEMBER 16th, 1923.

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WOMEN AND NATIONALITY. INTERNATIONAL CONGRESS,

-By what netheis a change in the laws as to the effect of marriage on nationality could be most conveniently carried out?'.

A short diversion on the paper follow. At the thirty-second conference at the International Law Association, held in, and was taken part ie by Mr. H. H. Q. Henriques K.C., Dr. Wyndham the Old Hall, Lincoln's Inn, last month, Besis. M. A. Le Grand, Mr. F. A. Bar- Dr. E. J. Schuster, K... read a paper

We

on the Effect of Marriage on National K.C., and Mr. R., S. Fraser Mr. ality At the beginning he recalled that Henriques said he was still in the opinion si the conference at Buenos Ayres it was that the general law should be, that a mar ried woman should loan ber-original unanimously resolved to

nationality en marrings it it was dif The conference is of opinion that it ferent from that of her husband.

that he Lord Philliruore confessed would be desirable to fix uniformly bel treaty the nationality of married women, doubted whether Dr. Schuster had_not! reserving to a married woman; so far as stated too broadly the view of the Eng Possible, the right to choose her own flish coramon law. He would require a good deal of authority before he believed nationality"

While he was in entire sympathy with that the English common law, did not the aim of that resolution, Dr. Schuster annex as a British subject a woman who British subject, although it; said, the question as to the desirability of married a effecting the proposed change was, in his might be that it did not part with an opinion, not a question within the scope English woman who married a foreigner. of the activities of the association. From It was not logical, but it was quite pos An historical point of view the present sible. From a political point of view he

enak conceive the State saying: position of the law, on the subject was have no objection, to our women remain- based on a general conception as to the ing our citizens if they like to do so position of married women which was after marrying men of other nationalities: rapidly disappearing in all civilised countries, and that therefore uniformity! but we are not going to have an Eng- lishnan marrying a foreign woman unless was more likely to be hindered by resist that foreign woman becomes an English ance to the proposed change than by an hcouragement of the change, subject to

Miss Chrystal Macicillan (chairman of The rule the committee on the Nationalisation of certain necessary safeguards. under which the wife, on her marriage Married Women of the International with an alien husband, lost her former Woman Suffrage Alliance) explained the nationality and acquired her husband's attitude of that body towards the ques The nationality was a comparatively new one. tion, and their proposala upon it, As far as he had been able to ascertain, it did not exist anywhere before the French Revolution, and it was only dur ing the first half of the nineteenth cen tury that it gradually fonad its way into. Dr. Schuster briefly replied to the dis the laws of European and other countries. cassion, his motion was carried, and the while the United States and some South I conterence closed, Americaa epuntries never adopted it in its entirety,

HUSBAND'S "RAS-EMINENTE.”

After quoting from the French Civil Code to show how the husband's "pre- enineue was secured throughout, Dr. Schuster obrved that it was cbrings that under a system of law which gave the husband absolute command and control in all matters affecting the family, the wife was bound to share the husband's nationality. Under British law marriage

lown to the coming into force of the Allens det 1814-had no effect whatever on the wife's nationality. Under Section 10 of that statute a woman of foreign nationality married to a British subject acquired the character of a naturalisedi British subject, but the statute did not alter the common law rule, under which a female British subject arried to a foreigner retained her British nationality. The now existing rule of English law under which a woman married to a British subject, and a woman married to an alien was deemed an alien, dated only from 1870. "In the meantime," con tinned Dr. Schuster, "the political rights of women are beginning to be universally recognised; the universities in most coun- tries bave opeard their door to them: they are everywhere admitted as "mem. bers of the learned professions. In view of these developments the question ng to the nationality of married women ob дет examination. riously requires à While wemmen had no voting rights, were debarred frem membership of legislative

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government or in the administration of justies, while no civie duties were, im pesed upon them, while in all matters of private concern marriage deprived them of dreisive influence, the questich as ta their nationality stood entirely in the background: under the new conditions the subject is one of paramount impert ance."

ALTERATIONS IN THE LAW, Proceeding to deal with recent altern tions in the law on the subject in the United States, France, and Belgium, and the introduction of Sir John "Butcher's Bill in our own Parliament, Dr. Schuster said that under the American Cable Act of 1922 the following rules applied:

A woman who married Cuited. States citizen does not become a United States citizen by reason of such mar-

riage:

A woman married to an alien who he comes naturalised in the United States aloes not by reason of her husband's naturalisation become a United States citizen;

-A woman citizen of the United States who married an alien does not, by reason of such marriage, cease to be a United States citizen unless she makes a declaration of alienuge in the pre scribed manner.

If the example set by the United States should be followed in Great Britain, as well in France, the laws of other coun tries would probably have to accom modate themselves to the change, but British opinion on the subject was still divided, the objections to the change being partly of a legal and partly of a sentimental nature. In his opinion, the legal objections to the change had nn. Substance. As to the objections based on social considerations, that the proposed change would be likely to endanger the anity of the family, that could be mer! by the olious reply that the unity of the family did not depend on legal technicalities He believed that the ex ample which Great Britain set in 1892 could not fail to be followed in the course of time by other countries, and the diversities of laws as to the husband's rights over the wife's property were there fore likely to disappear, cr cease to he important. In conclusion, he moved that the following questions should be referred to the Nationality Committee of the As sociation

Whether the opportunities for con- cases of double flicts giving rise to nationality and statelessness and to other undesirable consequences would be in- orensed by changes in the law having for their object the prevention of the auto matis change of the nationality of á woman, being a citizen of one State, by her marriage with a citizen of Another

State

2-Whether any, and if any, what means can be suggested for the arcidance of any sucks conficts?

woman."

Alliance, she said. favoured the holding of an international conference of Govern- meats to discuss the subject of the nationality of married women,

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