TNAG-0714-FCO40-910-Future-of-the-Dependent-Territories-1978 — Page 25

MEMORANDUM ON THE HATTOVANITY PROVISIONS

Sash Bucks

SAMENWARTO

THE CONSIDERATION GIVEN, ESPECIALTY IN PARLIAMENT. TO THE INHABITANTS' WISHES, IN CERTAIN CESSIONS OF PAITISH TERRITORY.

A. NATIONALITY PROVISIONS AND RELEVANT OBSERVATIONS

1.

Heligoland, 1890.

Article XII, clause 2, of the Anglo-German Agreement

(July 1890) gave to all natives of Heligoland the right to opt

for British nationality, exercisable within 18 months of the date of signature of the treaty (i.e. up to 1 January 1892), and this to be effected by a declaration made by themselves (in the case of children by their parents or guardians).

NOTES

(i) This provision (together with the exemption from German

conscription) was made by Britain as a condition of the

cession from the start and presumably as a sine qua non

from the British point of view apprehension had been

felt from the outset as to the sentiments of the

Heligolanders, as the C.O. Memorandum of 2 June, 1890,

which originated the proposal as part of the negotiation,

indicates.

(ii) Objections, some strong, were taken in Parliament to the

nationality provision on the ground of its failing to

provide for the yet unborn children of present

Heligolanders opting for British nationality, thus leaving

both their nationality and the application of the safe-

guards to them uncertain. The Government's initial reply

was that German law would govern their status, but Gladston

took the point further on the Second Reading and the

Foreign Under Secretary explained that the matter would be

governed by German law under which, however, it appeared

that Heligolanders who opted to retain British nationality

could transmit this status to their children Lut he

could not say how far such children would continue to

1. The ultimate German reply to the FO's enquiry confirmed this;

Bee Prit. Amb. Berlin to P0, 21 July, 1890, co. 537/17 1.16651.

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