TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 45

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PROTOCOL OF SIGNATURE

At the time of signing the Treaty of Commerce, Establishment and Navigation between the United Kingdom of Great Britain and Northern Ireland and Japan (hereinafter referred to as "the Treaty "), the undersigned Plenipotentiaries, duly authorised thereto, have further agreed as follows;

(1) The term "territory of Japan " shall not be deemed to include, for the purposes of the Treaty, any area referred to in Article 3 of the Treaty of Peace with Japan signed at the city of San Francisco on 8th September, 1951, in so far as the situation provided for in the second sentence of the said Article continues with respect to the administration, The term "nationals" in legislation and jurisdiction over such area.

relation to Japan includes inhabitants of such area who are nationals of Japan.

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(2) The term nationals", in relation to the United Kingdom, shall also apply to all British subjects who have made a claim to retain the status of a British subject under Section 2 of the British Nationality Act, 1948, or who are British subjects without citizenship under Section 13 (1) of that Act, except in either case those who belong to any territory to which the Treaty may be extended under the provisions of Article 32 but has not been so extended. In this connection, any such person may be required by the Japanese authorities to produce a passport or other document in lieu thereof for the purpose of confirming that he falls under one or other of the said categories.

(3) With reference to paragraph (3) of Article 2, the term "vessels " does not include warships.

(4) The provisions of paragraph (1) of Article 3 shall not apply to advantages relating to passports and visas accorded by a Contracting Party to the nationals of any other foreign country by virtue of a special agreement. However, the foregoing shall not be interpreted so as to nullify the provisions of paragraph (1) of Article 3.

(5) With reference to Article 3, the United Kingdom reserves the right to apply the provisions of the said Article in the United Kingdom as if Great Britain and Northern Ireland were each a separate territory.

(6) With respect to the profession of patent agent, the provisions of paragraph (4) of Article 3 shall not oblige Japan to accord to nationals of any territory of the United Kingdom treatment more favourable than that accorded by that territory to nationals of Japan.

(7) Without prejudice to the provisions of an agreement for the avoidance of double taxation and the prevention of fiscal evasion between any territory of the United Kingdom and Japan,

(a) the provisions of paragraph (2) of Article 8 shall not oblige the United Kingdom to grant, in respect of any territory of the United Kingdom, to nationals of Japan not resident for tax purposes in that territory the

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