ized, to reside permanently in Hongkong, may apply to the governor for a certificate of naturalization as a British subject in Hongkong. 3. The applicant shall adduce in support of his application such evidence of his residence or service and intention to reside as the governor may require, and the governor may, on consideration of the evidence adduced, grant or withhold a certificate as he thinks most conducive to the public good, and no appeal shall lie from his decision. 4. Every such certificate shall contain the condition that the grantee shall continue to reside permanently in Hongkong, and that the certificate shall be determinable on the grantee ceasing so to reside. No certificate of naturalization shall be issued nor take effect until the applicant has taken the oath of allegiance. 5. Any alien who has been naturalized previously to the passing of this ordinance may apply to the governor for a certificate of naturalization under this ordinance, and it shall be lawful for the governor to grant such certificate to such naturalized alien upon the same terms and subject to the same conditions in and upon which such certificate might have been granted if such alien had not been previously naturalized in Hongkong. 6. Any alien to whom a certificate of naturalization is granted shall, while in Hongkong, be entitled to all political and other rights, powers, and privileges, and be subject to all obligations to which a natural born British subject is entitled or subject in Hongkong. 7. The governor may revoke any certificate of naturalization which may have been granted to any alien if he shall be satisfied that such certificate was obtained by misrepresentation; and thereupon such certificate of naturalization shall become null and void. A notification of the revocation of any certificate of naturalization shall be published in the Gazette. 8. There shall be paid for every certificate of naturalization and before the issue thereof such fee as the governor in council may from time to time direct. 9. This ordinance shall come into operation on such day as the governor, by notice in the Gazette, may fix. Passed the legislative council of Hongkong, this 4th day of December, 1902. C. CLEMENTI, Acting Clerk of Councils. Assented to by his excellency the governor, the 9th day of December, 1902. a certificate of naturalization as a British subject; and Whereas the said has applied to me for has satisfied me that he has, before making such applicaton, continuously resided in Hongkong (or been in the service of years, and that he intends, if naturalized, to the Crown) for the space of reside permanently in Hongkong. [a The term must not be less than five years.] Now, therefore, I, the said -, as governor aforesaid, do hereby, under the powers vested in me in that regard by the naturalization ordinance, 1902, certify that the said of is a naturalized British subject entitled in Hongkong to all political and other rights, powers, and privileges, and subject to all obligations to which a natural born British subject is entitled or subject in Hongkong. Given under my hand this day of 19-. By command. INDIA. [Enclosure in despatch from Mr. Michael, consul-general, Calcutta, September 6, 1906.] ACT NO. XXX OF 1852.o [As modified up to 1st December, 1902. 16th July, 1852.] AN ACT for the naturalization of aliens. Whereas it is expedient to provide for the naturalization of aliens resident in the territories under the Government of the East India Company; it is enacted as follows: 1. Any person whilst actually residing in any part of the territories under the government of the East India Company may present a memorial to government, praying that the privileges of naturalization may be conferred on him. a Short title, "The Indian naturalization act, 1852." See the Indian short titles act, 1897 (XIV of 1897). (General Acts, Vol. VI.) The act has been declared to be in force in the whole of British India, except as regards the scheduled districts, by the Laws local extent act, 1874 (XV of 1874), s. 3. (General Acts, Vol. II.) This act is saved by s. 16 of the naturalization act, 1870 (33 & 34 Vict., c. 14) (printed Vol. I of the collection of statutes relating to India, p. 460). It has been declared in force in Upper Burma generally (except the Shan states) by the Burma laws act, 1898 (XIII of 1898), s. 4 (1) and Sch. I (Burma Code, ed. 1899, p. 260), and in the Arakan Hill district by the Arakan Hill districts laws regulation, 1874 (IX of 1874), s. 3 (printed, ibid., p. 307). The act has also been declared, by notification under s. 3 (a) of the scheduled districts acts, 1874 (XIV of 1874) (printed, General Acts. Vol. II) to be in force in the following scheduled districts, namely: Sindh (see Gazette of India, 1880. Pt. I, p. 672). Aden (see Gazette of India, 1879, Pt. I, p. 434). West Jalpaiguri (see Gazette of India, 1881, Pt. I, p. 74). The districts of Hazaribagh, Lohardaga (now the Ranchi district) (Calcutta Gazette, 1899, Pt. I, p. 44) and Manbhum and Pargana Dhalbum and the Kolhan in the district of Singhbhum (see Gazette of India, 1881, Pt. I, p. 504). The scheduled portion of the Mirzapur district (see Gazette of India, 1879, Pt. I, p. 383). Jaunsar Bawar (see Gazette of India, 1879, Pt. I, p. 382). The districts of Hazara, Peshawar, Kohat. Bannu, Dera Ismail Khan, and Dera Ghazi Khan (portions of the districts of Hazara, Bannu, and Dera Ismail Khan and the districts of Peshawar and Kohat now form the Northwest Frontier Province (Gazette of India, 1901, Pt. I, p. 857) see Gazette of India, 1886, Pt. I, p. 48). The district of Lahaul (see Gazette of India, 1886, Pt. I, p. 301). The district of Sylhet (see Gazette of India, 1879, Pt. I, p. 631). The rest of Assam (except the North Lushai Hills) (see Gazette of India, 1897, Pt. I, p. 299). The scheduled districts in Ganjam and Vizagapatam (see Gazette of India, 1898, Pt. I, p. 870). The scheduled districts of Kumaon, Garhwal, and Tarai Parganas (now known as the Kumaon Division) (see Gazette of India, 1902, Pt. I, p. 828). For definition of "Government," see sec. 12 infra. 2. Such memorial shall state to the best of the knowledge and belief of the memorialist, his age, place of birth, place of residence, profession, trade or occupation, the length of time during which he has resided within the said territories, that he is settled in the said territories, or is residing within the same with intent to settle therein, and any other particulars which the government may require to be stated therein, and such memorial shall be in writing and signed by the memorialist, and accompanied by an affidavit sworn by him, verifying the truth of the statements contained therein. 3. The memorial shall be considered by the government to whom it shall be presented, who shall enquire into the circumstances of the case, and may require such evidence either by affidavit or otherwise as they may deem proper," in addition to the before-mentioned affidavit of the memorialist, to prove the truth of the statements contained in such memorial. 4. The government may, if they shall think fit, issue a certificate in writing reciting such of the contents of the memorial as they may consider to be true and material, and granting to the memorialist all the rights, privileges, and capacities of naturalization under this act, except such rights, privileges, or capacities, if any, as may be specially excepted in such certificate. 5. The certificate shall be delivered to the memorialist, and a copy or duplicate thereof, together with the memorial upon which the same shall be obtained, and any affidavit which may accompany such memorial or be produced in support thereof, shall be filed by the secretary to the government, or such other officer as the government may direct; and such secretary or officer shall keep an alphabetical list of all persons who may be naturalized by such government. 6. If any material statement contained in such memorial shall be false, the government may, if they think fit, by an order in writing, declare the certificate issued upon such memorial to be null and void to all intents and purposes, except such purposes, if any, as may be specially excepted in such order, and from and after such order all the rights, privileges, and capacities derived through such certificate shall cease to exist. 7. Such fees shall be payable in respect of the proceedings hereby authorized as shall be fixed by the government." 8. Upon obtaining such certificate, and taking and subscribing the oath as hereinafter prescribed, the memorialist shall within the said territories under the government of the East India Company be deemed a natural-born subject of Her Majesty as if he had been born. a For example of a rule under this section, see Bombay List of Local Rules and Orders, Vol. I, ed. 1896, p. 19. For order fixing such fees in Madras (see Madras List of Local Rules and Orders, ed. 1894, p. 5). For order fixing such fees in the United Provinces of Agra and Oudh (see Northwestern Provinces and Oudh List of Local Rules and Orders, ed. 1894, p. 11). For order fixing such fees in Burma (see Burma Laws List, ed. 1897, p. 4). For order fixing such fees in Assam (see Assam List of Local Rules and Orders, ed. 1893, p. 1). within the said territories," and shall be entitled within the said territories to all the rights, privileges, and capacities of a subject of Her Majesty born within the said territories, except such rights, privileges, and capacities, if any, as may be specially excepted in such certificate. 9. [Saving of jurisdiction of Indian courts.] Rep. by the Repealing Act, 1874 (XVI of 1874). 10. Within sixty days from the day of the date of such certificate. the memorialist named in such certificate shall take and subscribe the oath contained in the schedule annexed to this act. 11. Such oath, as well as any other oath or affidavit required by this act, may be administered by any magistrate or justice of the peace within the limits of his jurisdiction, or by any other person to be appointed for that purpose by government, and the person who shall administer the oath mentioned in the schedule to this act annexed shall grant to the memorialist a certificate in writing of his having taken and subscribed such oath, and of the date of his taking and subscribing the same, and shall forward to the government the oath so taken and subscribed, together with a duplicate of such certificate, which oath and duplicate certificate shall be filed and kept with the memorial. 12. The word "government" in this act shall be deemed to mean the person or persons for the time being lawfully entitled to administer the executive government in that part of the said territories in which the memorialist shall reside at the time of presenting such memorial. The word "magistrate" shall include any person lawfully exercising the powers of a magistrate, and words denoting the masculine gender shall include the feminine. 66 13. In every case in which the word "oath " or affidavit is used in this act, an affirmation to the same effect as the oath or affidavit required shall be sufficient in cases where the person required to make such oath or affidavit shall be a person allowed by law to affirm in civil cases, and in every such case such affirmation shall be made before the person authorized to administer the oath, and the word "oath" or affidavit " wherever used in this act shall include such affirmation. SCHEDULE. I, A. B., of (here state the description of the party), do swear (or being one of the persons allowed by law to affirm in civil cases, do affirm) that I will be faithful and bear true allegiance to the sovereign of the United Kingdom of Great Britain and Ireland, and of these territories (Signed) * * b A. B. • A person taking out a certificate under this act obtains only such advantages as are afforded by " colonial naturalization (Hall, Foreign Jurisdiction of the British Crown, pp. 30, 31). By the operation of the saving contained in the naturalization act, 1870 (33 and 34 Vict., c. 14), section 16, he acquires the status of a natural-born subject of His Majesty only with reference to British India, though in practice the provisions of that section have not always been applied with absolute strictness in the case of colonial enactments (Hall, pp. 28, 29). The words "as dependent thereon, and that I will be true and faithful to the East India Company" were repealed by the repealing act, 1876 (XII of 1870). MALTA. [Enclosure in despatch from Mr. Grout, consul at Valletta, August 31, 1906. ] CITIZENSHIP. Malta is governed by the laws (the naturalization acts) and practice of Great Britain in regard to the acquisition and loss of nationality, etc. As regards naturalization and denization, a special law is in force which is contained in proclamation No. IX, of the 24th October, 1817. It reads as follows: I. The privileges of a Maltese subject of His Britanic Majesty may be communicated either wholly or in part in two different ways: First. By naturalization; that is, by a legislative act of this Government, to be duly published and enrolled, and by which the privileges in question are granted irrevocably and without limitation. Second. By denization; that is, by letters patent to be issued by the governor in his executive capacity, and with such limitations as to the extent of the privileges and the term of their duration as may be judged applicable to each individual case; and to be granted only during pleasure. II. His Majesty's Government reserves to itself the power of granting or refusing either the one or the other of such acts at its own pleasure and discretion, as well as the power of granting the same to any individual not possessing the qualifications which are generally held to be necessary for obtaining those indulgences respectively, and which are as follows: III. In order to authorize the demand of an act of naturalization, it will be required that the party applying for the same shall have been resident in these possessions for the full term of fifteen years and shall have given two years' notice to government of his intention to make such application; but in favor of the persons who shall have previously obtained letters of denization the notice will be dispensed with provided the period from the date of such act of denization exceeds that required for the notice. IV. In order to demand letters of denization it will be required that the party applying shall have had his usual place of residence within these possessions for the term of ten years and shall have given at least six months' notice of his intention to make such application. V. The most unimpeachable certificates of good character, and of propriety of conduct, will be required in both instances, and, in the case of persons holding letters of denization, the sentence of His Majesty's court in these islands on any such person, when the punishment exceeds six months imprisonment, will, ipso facto, subject him to the forfeitre of such letters of denization and all rights and priviledges thereto attached. VI. The privileges granted by an act of naturalization will extend to all unmarried children, being legitimate, under the ages of 21 years, and actually residing with their father at the time of such naturalization, although such children may not have been born within these islands; provided that the names of such children be notified to government at the time of granting such act of naturali |