CHAP. V
BRITISH NATIONALITY ACTS-GENERAL
117
the law hich had hitherto prevailed, and was mainly due to the major ciple of policy which has inspired British legislation on nationality since the Commission of 1868: namely, the desire to avoid dual nationality so far as that can be achieved by municipal legislation. The war of 1914-18 created a different situation in this respect. During that war a large number of persons of British origin returned to the Mother Country from foreign countries to join the colours. In consequence a considerable feeling grew up that the nationality law should be modified as so to extend the applica- tion of the ius sanguinis, i.e. nationality by descent, as opposed to birth within His Majesty's dominions. It was even urged, in some quarters, that the ius soli should be correspondingly restricted, i.e. that persons of foreign origin born on British soil should not acquire British nationality, except in special circumstances. This last- mentioned proposal did not commend itself to the Government. Pressure was, however, brought to bear by the British Chambers of Commerce, in South America and in other parts of the world, in favour of the removal of the restriction on the transmission of nationality by descent contained in the 1914 Act.
The question thus raised was a difficult one. The Act of 1914 had followed, on the whole, a single principle--that of the place of birth -as determining British nationality. An amendment of the law would involve departing from this principle to a considerable extent. Again it might be felt that if a British subject goes abroad, and takes up permanent residence there, in a foreign country, and derives sus- tenance from it, and practically becomes a member of it, he can hardly complain if his children, who are born there, and are even to a greater degree members of the community where the family is established, are regarded as aliens in English law. In spite of these considerations there was a strong desire to meet the wishes of British communities abroad, even at the risk of creating some cases of dual nationality.
The question of amending the Act of 1914 was one in which the Dominions had to be consulted. The Home Office prepared a memo- randum on the subject, which was considered by a special committee under the Chairmanship of the Secretary to the Colonies. It reported in favour of an amendment, and the Imperial Conference in 1921 approved the terms of its report which were as follows:
"The Committee having considered the memorandum prepared in the Home Office regarding the nationality of the children born abroad
1 Summary of Proceedings, Cind. 1474 of 1921.
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