85

A.—6

2. In this connection, the Commonwealth Government have referred to the proposal submitted to the Council of the League of Nations by tho Permanent Mandates Commission in August, 1922, which was in the following terms : " It is open to mandatory Powers to whom ' B ' and ' C ' mandated territories have been entrusted to make arrangement in conformity with their own laws for the individual and purely voluntary acquisition of their nationality by inhabitants of these territories." 3. The matter was considered by the Council of the League in April, 1923, and the following resolutions were adopted : — (1.) The status of tho native inhabitants of a mandated territory is distinct from that of the, nationals of the mandatory Powers, and cannot be identified therewith by any process having general application. (2.) The native inhabitants of a mandated territory are not invested with the nationality of tho mandatory Power by reason of the protection extended to them. (3.) It is not inconsistent with (1) and (2) above that individual inhabitants of the: territory should voluntarily obtain naturalization from the mandatory Power in accordance with arrangements which it is open to such Power to make with this object under its own law. 4. Hitherto naturalization, except on the ground of service under the: Crown in foreign countries, has depended on residence in British territory, and it has been considered undesirable to allow naturalization on account of residence in protectorates, on the ground that it is contrary to sounel principle to exercise such a high right of sovereignty as that involved in changing the nationality of an inhabitant in a territory which does not form part of His Majesty's dominions. Only two exceptions to this principle have' been admitted —namely, in Southern and Northern Rhodesia—where local naturalization has been provided for by Orders in Council. 5. If provision is to be made for Imperial naturalization in mandated territories, and it woulel appear from the, resolutions of the Council of the League of Nations quoted above that tho League entertains no objection to this as regards " B " and. " C " mandated territories, it will be necessary to make similar provision in protectorates to which these territories are analogous. 6. The position is different as regards protected States where there are local rulers and the native inhabitants arc subjects of those rulers. It would hardly bo possible for His Majesty to take power to enable such subjects of the local rulers to transfer their allegiance to himself, and even if naturalization in such territories were confined to persons who were not subjects of the local rulers it is probable that the local rulers would object to such action as an infringement oi their own sovereign rights and powers. Somewhat similar objections would apply to a proposition to provide for Imperial naturalization in " A " mandated territories, the position of which is analogous to that of protected States. 7. If a general desire is expressed for such a change in the: law as is proposed by the Commonwealth Government, the most convenient method of procedure would appear to be that, when next legislation amending the Act of 1914 is introduced, provision should, at the same time be made enabling the Act to be applied by Order of His Majesty in Council (or, in the case of territories mandated to Dominions, Order of tho Governor-General in Council), to the territories in question, subject to such modifications and adaptations as may be necessary. Having regard to the difficulty which arises in connection with protected States and " A " mandated territories, it would be desirable not to provide generally for the application of the Act to " any territory under His Majesty's protection or in respect of which a mandate on behalf of the League of Nations has bee_ accepted by His Majesty," but to provide for its application to certain individual territories specified in a schedule to the Act. This schedule would include " B " and " C " mandated territories and most of the protectorates, as to which no difficulty in regard to sovereignty occurs, but would not include " A " mandated territories or protected States. 8. Nationality of Children born to British Subjects in Mandated Territories.-— Somewhat similar considerations underlie another epuestion which arises out of the scheme for the continuance of British nationality amongst successive generations born abroad contained in the British Nationality and Status of Aliens Act, 1922. It would appear that, as regards the children of British subjects born in " B " and " C " mandated territories, there is no necessity to go through tho procedure contemplated in the Act of 1922 in order that they may obtain British nationality at birth and retain it at majority. It would seem that they are to be deemed to be " born in a place where by treaty, capitulation, grant, usage, sufferance, or other lawful moans His Majesty exercises jurisdiction over British subjects," and they therefore acquire British nationality at birth in their own right under the: proviso to section 1 (1) of the Act of 1914, as amended in 1922. Children born in protectorates appear to be in the same position. On the other hand, children born in protected States and in "A" mandated territories would appear not to acquire or retain British nationality except in pursuance of the procedure laid down in the Act of 1922 in regard to registration at birtli and assertion of British nationality at majority. 10th September, 1923. PART 3. NATIONALITY OF MARRIED WOMEN. Memorandum prepared in the Home Office. 1. The: Commonwealth Government have asked that the question of the readmissions to British nationality of British-born women married to aliens may be placed on the agenda of the Imperial Conference. 2. Whether the cases which the Commonwealth Government have in mind are confined to those of women who have been abandoned by, or for some reason have been permanently separated, but not divorced, from their alien husbands, or whether they include also cases of British-born women living with their alien husbands, the discussion of the, question must necessarily bring into consideration tho general question of the nationality of married women, which has attracted considerable attention in recent years, both within the British Empire and in certain foreign countries.