FULL COURT

Dominion, Volume 12, Issue 244, 9 July 1919, Page 5

FULL COURT

PniNfi , ?!? P 1177117 Itlmwli ivLLlft QUESTION OF NATIONALITY

Tho Full Court, gave judgment yesterday afternoon in a matter arising out of an originating summons and dealing with the Immigration Restrictions Act, 1003.

On the bench were the Chief Justice (Sir Hobort. Stout), Mr. Justice Cooper, Mr. Justice Sim, and Mr. Justice Herdman.

The plaintiff was Joe Lum, storekeeper, of Wellington, and the Attorney-General of New Zealand defendant. Tho following facts were agreed to by tho parties:—That Joe Luni, a Chinese resident in- New Zealand, Tint not naturalised, married in Now Zealand, on November 28. 1905, a Chinese woman named Ohu Ah Nui, and six children had been born in Wellington. Lum was now' about to visit China, taking with him his infant children, the eldest of whom was about twelve and a half years, to bo educated in their native tongue. On applying to the Customs Department the plaintiff was informed that unless tlin children returned to Now Zealand within four years after the registering of thw names in accordance with section 2 of the Immigration Restrictions Act. 1.908. they -would not bo nllowed to iand in the Dominion except: on pnympnt of the poll tax of ,£IOO and the passing of the test imposed by sections 31 and 12 respectively of the same Act. It was not, improbable that circumstance'! would arise to keep the children in China, for lonier than four yen re. The Court was asked, nn an originating summons, for nn order interpreting the Immigration Restrictions. Act, 1908, and in particular to determine — (IV Whether a person born in New Zealand of Chinese parents not naturalised under the Aliens"Act, 1908, and leaving New Zealand while an infant, and returning to New Zealand while still an infant to rejoin his or her parents, noil tax will be payable in respect of these persons. (a) If such person complies with the requirements or sub-soction 1 (p) of sec-, tion 2 of the Immigration Restrictions Act, 1908. (b) If such person complies with all the requirements of tho 'sub-section except the requirements as to Teturn within four years. ' (c) If such person fails to comply with any of tho requirements of the said subsection. (2) AVhether in the event of such person leaving New Zealand while an infant and remaining after twenty-ono years of age without having renounced or lost hie or her British nationality, poll tas will be payable in respect of such person. (a) If such. person complies with the requirements of sub-section 1 (a) of section 2 of the Immigration Restrictions Act, 1908. (b) If such person complies with the requirements of the sub-section except tho requirements as to return within four years. (c) If such person fails to comply with any of tho requirements of the sub-sec-tion.

The whole question turned on the interpretation of the words of section 2 of the Immigration Act, 1908. In his iudpment His Honour the Chief Justice (Sir Robert Stout) held that the children were natural horn New Zealand subjects, and were therefore not subject to the Immigration Restrictions Act. IMS. Mr.. Justice Cooper had no doubt tliat Luin'e children, although Chinese by blood, were natives of New Zealand niul not of China, and were therefore British subjects. Mr. Justice Sim and Mr. Justice Herdman concurred. At the hearing Sir John Findlay, K.C., with him Mr. A. de B. Brandon, appenrod for Jne'J/um, and Sir John Salmond, K.C., for the Attorney-General.