TNAG-0714-FCO40-910-Future-of-the-Dependent-Territories-1978 — Page 28

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

4:

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3.

(iii)

(iv)

Protected Persons as the area was only a Protectorate. Thom

in the Los Islands were, however, British subjects since the

islands, having been ceded, were part of the British

dominions.

In the negotiation, the French had sought to secure the

right to require that those who did opt for retaining British nationality should withdraw from the territory,

but the proposal was not accepted.

It is of interest that in the cession of part of N.Nigeria

Protectorate which formed part of the same negotiation

:

(though this was regarded as a frontier modification),

HMG at one stage informed the French that it could not meet

their demands in this area since they included "districts

which had been for some years under British administration

and the inhabitants of them have been assured that they are

to remain British subjects". The point however was not

pressed and in the area ultimately ceded no provision

was made as to the inhabitants' right to retain British

nationality.

Jubaland, 1924

To understand the nationality provisions of the Anglo-Italian

Treaty of July 1924 it must be noted that in 1920 the interior of the

E.Africa Protectorate (Kenya), of which most of Jubaland formed part,

had been formally annexed by the Crown as a Colony, thus converting

its native inhabitants from British Protected Persons into British

subjects.

Article 6 of the Treaty provided that:-

(a) British subjects ordinarily resident in the ceded area,

other than those who had become British subjects only by reason of

the annexation of Kenya Colony, might retain their British nationality unless they opted for Italian nationality within 6 months of the

Treaty's coming into force, and they should not be required to,

withdraw from the territory or part with their property there.

they did not opt for Italian nationality, they should also remain

free to withdraw from the ceded territory within 12 months of the

Treaty's coming into force.

If

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