TNAG-0714-FCO40-910-Future-of-the-Dependent-Territories-1978 — Page 27

O

3

which she was pursuing in both her French and Polish prov-

inces, but that it was strictly within the letter (though

not the spirit) of the Anglo-German Agreement and the FO

thought there was therefore no ground for remonstrance (th

the CO thought there was and that it should be made).

It may usefully be noted for present purposes that the

Depts felt that provisions governing such taxation matters

might usefully have been included in the treaty, and that

much of these difficulties of the inhabitants opting to

retain British nationality might have been avoided, or at

least mitigated, if some British consular services had been

left, or installed, in the island on cession. Further, that

some provision for Heligolanders who were absent from the

island at the time of cession and during the period for

exercising the option, should have been made to enable the

to exercise it. Several cases of such persons came up

afterwards and cases of those for whom, as children, no

declaration had been made but who claimed and wanted Briti

nationality, were occurring in Britain as late as 1910.

2.

The Gambia & Los Islands, 1904.

+

Articles V and VI of the Anglo-French Convention, April 1901, cead

to France part of the Gambia Protectorate (a small part only, mainly

give French Senegambia access to the R. Gambia) and the Los Islands which had been ceded to Britain by their native chief in 1818 and lay

just off the harbour of the capital of French Senegambia, Conakry.

Article VII of the Convention, containing the Nationality terms,

provided, in respect of the two areas ceded, that persons born in them

"may retain their British nationality by means of individual declarat-

ion to that effect", and by declaration of their parents or guardians

for children under age; the option to be exercised within 1 year of

the the date of the establishment of French authority in/respective areas.

NOTES.

(i) The term "persons born in" was inserted at French insistence

the British draft preferred "domiciled in" and the point had

some consequences (q. v. below under 'Safeguards 'p. 9)

(11) Though the phrase "may retain their British nationality" was

used, those in the Protectoratware in fact ohly British

area

3