ARE YOU A BRITISH SUBJECT.

Pukekohe & Waiuku Times, Volume 4, Issue 90, 1 October 1915, Page 2 (Supplement)

ARE YOU A BRITISH SUBJECT.

THE LAW AS TO ALIENS AND NATURALISATION.

By A Lawyer

"Civis Britannicus sum!" It is indeed a proud boast to be able truly and justly to say that you are a British subject—a citizen of no mean city. And when this world-wide war is happily ended and Britain is at libertytor this unparalleled catastrophe was none of her seeking—once more to return to the paths of peace new honour and lustre will have been added to the title.

BRITISH NATIONALITY ACT. 1914

But what Is your title to British nationality? In those aays of separation between the real and the counterfelt, between those who are for us and those who are against us, it is well to know on what basis the claim rests. Evidently there is some dubiety—real or pretended—on the subject, if one has regard to the frequency with which the plea is put forward in defence to a charge for failing to register as an alien —"I thought I was a British subject." As if it were a free gift from Heaven bestowed upon all who sought the shelter of our island shores, if perchance they were permitted to enjoy—it may be to abuse —our hospitality long enough. Well, like greatness, some are born to it; and some acquire it. But nobody has it thrust upon them. The law on the subject has been modified by the British Nationality and Status of Aliens Act. 1914, which came into operation on Ist January 1915, and which is described as "an Act to consolidate and amend the enactments relating to British nationality and the status of aliens." Prior to that Act, iho leading statute was "The Naturalisation Act, 1870," which was repealed bv the 1914 Act.

NATURAL-BORN BRITISH SUBJECTS.

A child born "within His Majesty's dominions and aljegiance'' is a naturalborn British subject. But what is the nationality of ia child born in a foreign country whose father is a British subject—for example, a child born in Germany whose father is a-Scotsman? It follows the nationality of its father, and is a British subject. In bygone days it would have been regarded by our law as an alien, but that lias been altered, and so long as the father retains his British nationality at the time of the birth of the child it is a British subject, although born out of His Majesty's dominions. Sometimes a child is born at sea. What of it? If the child is born on board a British ship, it is a British subject. But the 1914 Act specially provides that a person born on board a foreign ship shall not be deemed to be a British subject by reason only that the ship was in British territorial waters at the time of his birth. If, however, the father is British, the child, though born on board a foreign ship, wherever it may be on the eventful occasion, would also be a British subject.

MARRYING A FOREIGNER

If a British subject marries a foreigner, complications arise as to their nationality and status and the status of their children. To facilitate elucidation, let us take the case of a Scotsman who marries a German lady. The result of the marriage is that 6he becomes a British subject, for a woman takes the nationality of her husband on marriage. And she does not necessarily cease to be a British subject by the death of her husband or the dissolution of the marriage. Take the converse case of a Scottish lady who marries a German or other alien. The legal effect of the ceremony is that she becomes an alien, for she has thereby lost her British nationality and taken that of her husband. Further, if she becomes a widow or the marriage is otherwise dissolved she still remains an alien. According to law, she is in the curious predicament of being a foreigner in her native country. Although the point is not very clear, it is thought that a widow in such circumstances can apply for a certificate of naturalisation under Section 2 of the 1914 Act with the view to regaining her British citizenship.

STATUS OF CHILDREN.

With regard to children, the general vule is that they take their father's nationality. If, therefore, the father of minor children ceases to be a British subject by becoming naturalised in a foreign country, such children also thereupon cease to be British subjects. Some countries, however, do not permit the naturalisation of children, so that in these cases the children would still retain their British status. In this connection it may be mentioned that Section 12 of the 1914 Act contains this very important provision It provides that any child who has ceased to be a British subject may, within a year after attaining majority, make a declaration of his wish to resume British nationality, and the young person on making that declaration thereupon becomes a British subject. It sometimes happens that a British widow marries an alien, in which case she loses her British nationality and becomes an alien too. If 6he had children by her first husband, what is their position? The answer is that they do not cease to be British subjects. Even where these children reside outside His Majesty's dominions they still retain their British nationality, notwithstanding the remarriage of their mother.

A HAPPY HUNTING-GROUND

We have been using the expression "'alien." Let us now consider what it exactly means.

Briefly stated, an alien means "a person who is not a British subject." It must not be imagined, however, that on that account an alien in England suffers any serious discomfort or inconvenience. On the contrary, in the past these islands have been the dumpingplace and happy hunting-ground of foreigners of all kinds and colours. In no country in the world does an alien enjoy so much freedom or so many piiviliges as he does under British rule. As regards civil rights, an alien is practically on an equality with a British subject. Peal and personal property of every description may be taken, acquired, held, and disposed of by him. He may carry on trade or industry as freely as tho native. He is entitled to the protection of the Courts, and can litigate on equal terms with a British subject, subject to tho obligation of assisting a mandatory who shall be responsible for expenses. There is one notable qualification of the otherwise unrestricted right of an alien to hold personal property of every description. He cannot become the owner of a British ship. Obviously, too ; he cannot exercise political rights, seeing that ho has undertaken no permanent obligation to loyalty. An alien, therefore, Is not qualified for any office or for any municipal, Parliamentary, or other franchise. To many foreigners these disabilities nre inconsequential, as they can have the substance —all they

are out for—without troubling about the government of the country.

CERTIFICATE OF NATURALISATION.

If an alien desires to have all disabilities removed, and becomes a fullblown British subject, he has to apply for a certificate of naturalisation, on obtaining which he becomes a naturalised British subject. This application is made to the Home Secretary, who must be satisfied on the following points:— (a) That the applicant has either resided in His Majesty's dominions for a period of not less than five years, or been in the service of the Crown for not less than five years within the last eight years. For at least one year immediately preceding the application the applicant must have resided in the United Kingdom. (b) That he is of good character and lias an adequate knowledge of the English language. (e) That he intends erlfcer to reside in His Majesty's dominions or to enter or continue in the service

Crown. The applicant must lodge along with the application a declaration gigned by four householders who are natural-born British subjects. This declaration may be made before a Justice of the Peace. It is in the absolute discretion of the Secretary of State to grant or withhold the certificate without assigning any reason. The Secretary is to act "as he thinks most conducive to the public good," and no appeal is to lie from bis decision.

OATH OF ALLEGIANCE

The certificate of naturalisation docs not take effect until the applicant has taken the oath of allegiance, which is in tho following terms: — "I. A. 8., swear by Almighty God that I will be faithful and bear true allegiance to His Majesty King George the Fifth, his heirs and successors, according to law." This oath may be taken and subscribed in the presence of a Justice of the Peace. A certain J.P. had a novel vay of testing the sincerity of a German friend who requisitioned life services shortly before the outbreak of war. He stipulated a 6 a condition of his acting that the applicant should verbally supplement his oath by repeating the malediction, "To with the Kaiser." The Teuton appeared to readily acquiesce in consigning his royal master to a special corner in that lurid ond "gassy" region which is supposed to be reserved for the reception of apt snd accomplished disciplies of the Prince of Darkness. But probably the wily alien had his tongue in his cheek all the time, for recent revelations have amply demonstrated that oaths and conventions are mere "scraps of paper," lo be repudiated whenever it 6uits the perfidious subscriber to do so.