61079-1919-British-Nationality-and-Status-of-Aliens-Act-1918 — Page 3

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Minor amendments of the

principal Act.

Provisions

alization

certificate.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 3, 1919.

"(2) The provisions of this section shall, as respects persons affected thereby, have effect in substitution for any other provisions of this Act as to the effect upon the wife and children of any person where the person ceases to be a British subject and such other provisions shall accordingly not apply in any such case.

"(3) Where a certificate of naturalization is revoked the former holder thereof shall be regarded as an alien and as a subject of the state to which he belonged at the time the certificate was granted."

2. The following amendments shall be made in the principal Act:—

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(1) In paragraph (b) of subsection (1) of section one (which defines natural- born British subjects) after the words "had been granted" there shall be inserted the words or had become a British subject by reason of any annexa- tion of territory, or was at the time of that person's birth in the service of the Crown"; and at the end of that section the following subsection shall be inserted:

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(4) The certificate of a Secretary of State that a person was at any date in the service of the Crown shall, for the purposes of this section, be conclusive."

(2) At the end of section two (which relates to the grant of certificates of naturalization) the following subsection shall be inserted:-

"(6) For the purposes of this section a period spent in the service of the Crown may, if the Secretary of State thinks fit, be treated as equivalent to a period of residence in the United Kingdom.' (3) In subsection (2) of section five "whether or not" shall be substituted for "although" and "not" shall be omitted, and in subsection (3) of section five "Act" shall be substituted for "section.'

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(4) In subsection (1) of section eight (which relates to the grant of certi- ficates of naturalization in British possessions) after the words "United King- dom there shall be inserted the words "and of a High Court or superior court of the possession for the High Court, and with the omission of any reference to the approval of the Lord Chancellor," and after the words "

any certificate proposed to be granted" there shall be inserted the words "and any proposal to revoke any certificate."

(5) In section ten (which relates to the national status of married women) at the end of the section there shall be added the words " and provided that where an alien is a subject of a state at war with His Majesty it shall be lawful for his wife if she was at birth a British subject to make a declaration that she desires to resume British nationality, and thereupon the Secretary of State, if he is satisfied that it is desirable that she be permitted to do so, may grant her a certificate of naturalization.'

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(6) In subsection (1) of section twenty-seven (which contains definitions) at the end of the definition of "British subject" after the words has been granted there shall be inserted the words or a person who has become a subject of His Majesty by reason of any annexation of territory," and for sub- section (2) of that section the following subsection shall be substituted :-

"(2) Where in pursuance of this Act the name of a child is included in a certificate of naturalization granted to his parent, or where, in pursuance of any Act repealed by this Act, any child has been deemed to be a naturalized British subject by reason of residence with his parent, such child shall, for the purposes of this Act, be deemed to be a person to whom a certificate of naturalization has been granted."

3.-(1) Where a certificate of naturalization has been granted in the United as to natur- Kingdom during the present war to a person who at, or at any time before, the grant of the certificate was the subject of a country which at the date of the grant was at war with His Majesty, the Secretary of State shall refer for such inquiry as is provided for in the case of revocation of certificates the question whether it is desirable that the certificate should be revoked, and if such ques- tion shall be answered in the affirmative shall revoke the certificate, but this provision shall not apply to a person who at birth was a British subject.