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THE HONGKONG GOVERNMENT GAZETTE, 1st NOVEMBER, 1862.

The Law Officers to the Duke of Newcastle.

Temple, 23rd June, 1862.

MY LORD DUKE,-We are honored with your Grace's commands signified in Sir Frederic Rogers' letter of the 6th June instant, stating that he was directed by your Grace to transmit to us a copy of a letter which had been addressed to him by the Secretary to the Missions of the Moravian Church, relative to the status of the children born in British Colonies of Missionaries who are natives of Foreign States.

Sir Frederic Rogers was pleased to add, that if it were the case, as your Grace apprehended, that these children would be British subjects, except in the unusual case of the parents being alien enemies, your Grace would be glad to afford to them, (and of course to all other persons similarly circumstanced) every convenience which could prudently be given; and to request -that we would favour your Grace with our opinion whether, and under what conditions, the proposed Certificate, or any docu- ment equivalent to it, could be given without material risk of error or abuse, or of any inconvenience to Her Majesty's Gov-

ernment.

In obedience to your Grace's commands we have taken this matter into consideration, and have the honour to report: That there can be no doubt of the title of children, born under the circumstances mentioned in Sir Frederic Rogers' letter, to the character, rights and privileges of natural-born British subjects. But it appears to us, that the door would he opened to serious risks of error and abuse, and that great inconvenience might in some cases arise, if a system of official certificates of British citizenship were generally introduced, and we think it would be extremely difficult to lay down any fixed or certain rules, by which the fact of birth within Her Majesty's foreign or colonial possessions, might in all cases be verified, so as to enable the local authority to certify the same officially without risk of error or fraud. Upon the whole, it seems to us that it would be inexpedient to introduce any general or formal system of certificates of this kind. But we see no objection to per- mitting the local British authorities in cases in which any person, proved to their satisfaction to be a natural born British subject, may desire to have such testimony, to testify their belief of that fact in any form and manner which they may think fit. The effect of such a permission will not, as we conceive, be to con.mit Her Majesty's Government to require from Foreign Powers the recognition of the claims of any person who may be the bearer of such a testimonial, to the character of a British subject, unless he may appear (independently of the mere fact of his having such a testimonial) to be entitled thereto.-Wa have, &c.,

His Grace the DUKE OF NEWCASTLE, K.G.,

(Signed)

WM. ATHERTON. ROUNDELL PALMER.

FC.,

fc.,

Fe.

Sir F. Rogers to Rev. P. La Trobe.

Downing Street, 19th July, 1862.

Sra, The Duke of Newcastle has taken into consideration with every desire to accede to its request, your letter of the 24th of April last, respecting the grant of certificates of British citizenship to the children born in British Colonies of Mission- aries of the Moravian Church, wlio are natives of Foreign States; and in communicating to you the following decision on the subject, his Grace desires me to state that he has not been able to answer your letter earlier, because the matter was one which required a communication both with the Foreign Office and the Law Officers of the Crown.

I am now directed to inform you that there is no doubt that the children of foreigners born in the British dominions are entitled to the privileges of British subjects, unless their parents are subjects of a country which at the time of the child's birth is at enmity with Great Britain, but that inconvenience and abuse might be apprehended if persons alleging themselves to have been born under such circumstances were entitled to claim an official certificate declaring them absolutely to be British sub,ects.

It is, therefore, deemed inexpedient to introduce any general or formal system of certificates of this kind; but the Duke of Newcastle would have no objection, if your Society should desire it, to instruct the Governors of Colonies, that in cases in which any person was proved to their satisfaction to be a natural-born British subject, they will be at liberty on his request to testify their belief to that fact.-I am, &c.,

(Signed)

F. ROGERS.

REV. P. LA TROBE, 27, Ely Place.

Rec. P La Trobe to Sir F. Rogers.

27, Ely Place, 29th July, 1862.

SIR, I have the honour to acknowledge the receipt of your obliging letter of the 19th instant, in reply to mine of the 24th April, addressed to the Duke of Newcastle, respecting the grant of certificates of British citizenship to the children of Missionaries of the Moravian Church born in British Colonies, the parents being natives of Foreign States.

For the favourable consideration which the request of our Mission Board has received at the hand of his Grace I beg to return their cordial and respectful thanks.

They readily understand the propriety of the reference to the Foreign Office and the Law Officers of the Crown, which his Grace felt it his duty to make, before deciding a question of so much importance.

Nor can they fail to admit that there might be objections to the general measure, which appears to have been under consideration, sufficiently serious to render its adoption inexpedient.

Meanwhile they desire to express their gratitude to the Duke of Newcastle for the official declaration, "that the children of foreigners born in the British dominions are entitled to the privileges of British subjects, unless their parents are subjects of a country which at the date of the child's birth is at enmity with Great Britain;" and not less for the intimation of his Grace's readiness to empower the Governors of the different British Colonies to grant certificates of the kind requested by our Mission Board on certain specified conditions.

With reference to the Duke of Newcastle's exposition of the Law of England as affecting the children of foreigners born in the British dominions I would take the liberty of observing, that his Grace would confer a great favour on the Directors of the Moravian Missions, by kindly furnishing them with a copy of the same under his own hand, that they might use it in a detached form, as an official document, in any transactions with German or other foreign Governments, which may be required" in fulfilment of the obligations which the Church has laid upon them.

The instruction to grant certificates of British citizenship to the children of foreign Missionaries born in British Colonies which the Duke of Newcastle proposes to transmit to the Governors of those Colonies, will probably be found in conjunction with the preceding declaration of the Law of England, to answer every purpose for which such documents are desired, espe cially if his Grace should be disposed so far to modify the plan which he has kindly suggested, as to allow the application to the Colonial Authorities to be made either by the claimant in person, or by parties of respectability on the spot, prepared to establish the fact of his birth in the Colony, and to prove the nationality of the parents, by oral or written evidence, or by affi davit, as may be deemed most satisfactory.

His Grace will doubtless appreciate the reason for this suggestion, if he will have the goodness to refer to the statement in my letter of the 24th April, that the young persons on whose behalf this favour is solicited are already on the Continent of Europe, at the very time when it would be needful to turn it to account, having been senʊ home for education at an early age.