The Secretary to the Department of External Affairs has forwarded to me the file relating to the subject of Imperial naturalization, with the following minute:

Will you be so good as to advise whether the first paragraph of clause 8 in the draft measure submitted with our dispatch of 14 July 1911, is sufficient to remove the difficul-ties which would arise under clause 3 of the draft bill (if not qualified) with regard to (e.g.) sections 16 and 34 of the Constitution of the Commonwealth.

Will you also advise whether the other points raised in our dispatch of 23 December 1909 which was based on the Attorney-General's minute of 7 October 1909, are met by the new draft.

The clauses of the draft measure which it appears to me to be necessary to consider are as follows:

3. (1) A person to whom a certificate of naturalization is granted by a Secretary of State shall, subject to the provisions of this Act, be entitled to all political and other rights, powers, and privileges, and be subject to all obligations, duties and liabilities to which a natural-born British subject is entitled or subject, and, as from the date of his naturaliza-tion, have to all intents and purposes the status of a natural-born British subject.

(2) Section three of the Act of Settlement (which disqualifies naturalized aliens from holding certain offices) shall have effect as if the words 'naturalized or' were omitted therefrom.⁽¹⁾

7. (1) The Government of any British Possession shall have the same power to grant a certificate of naturalization as the Secretary of State has under this Act, and the pro-visions of this Act as to the grant and revocation of such a certificate shall apply ac-cordingly, with the substitution of the Government of the Possession for the Secretary of State, and the Possession for the United Kingdom, and also, in a Possession where any language is recognised as on an equality with the English language, with the substitution of the English language or that language for the English language: Provided that-

1. This section shall not take effect in any of the Dominions specified in the First Schedule to this Act unless the legislature of that Dominion adopt the section; and
2. In any British Possession other than British India and a Dominion specified in the First Schedule to this Act, the exercise of the power to grant a certificate shall be subject in each case to the approval of the Secretary of State, and any certificate proposed to be granted shall be submitted to him for his approval.

(2) Any certificate of naturalization granted under this section shall have the same effect as a certificate of naturalization granted by the Secretary of State under this Act in

all parts of His Majesty's Dominions other than a Dominion as defined by this Act the legislature of which has not adopted this section.⁽²⁾

8. (1) Nothing in this Act shall take away or abridge any power vested in or exercisable by the legislature or Government of any British Possession or prevent any such legislature or Government from treating differently different classes of British subjects.

(2) All laws, statutes, and ordinances made by the legislature of a British Possession for imparting to any person any of the privileges of naturalization to be enjoyed by him within the limits of that Possession, shall within those limits have the authority of law, but subject to be confirmed or disallowed by His Majesty.⁽³⁾.

It appears to me that naturalization under section 3 is intended to have effect throughout the whole of the British Dominions including the self-governing Dominions, whether such latter Dominions have adopted the Act or not, and will if passed into law in its present form have the effect of granting to persons naturalized under it the same status as that of natural-born British subjects, except so far as the status of naturalized persons may be limited by local legislation.

It appears to me that naturalization under section 7 will have a similar effect with this exception that naturalization under it will not extend to any of the self-governing Do-minions which have not adopted the section.

In neither section, nor in any other part of the Bill, is provision made for saving any limitations as regards naturalized persons provided in any Imperial Act applying to a self-governing Dominion.

It appears to me, therefore, that if the sections became law in their present form a per-son naturalized under either one of them would not be subject to the limitations provided as regards naturalized persons by sections 16 and 34 of the Constitution of the Commonwealth.

I am of opinion, therefore, that clause 8, which only applies to local legislation, fails to remove the difficulties mentioned in the minute.

I am of opinion that the Bill substantially meets other points referred to in the dispatch of 23 December 1909.

I desire to call attention to two points in connection with clause 7. This clause pro-vides that it shall not take effect in any of the Dominions specified in the First Schedule to the Act unless the legislature of the Dominion has adopted the section, but it makes no provision for the revocation of the adoption. It is therefore not clear that a self-governing Dominion which had adopted the section could afterwards repeal the adoption. On prin-ciple it seems to me that whenever the application of an Imperial Act in a self-governing Dominion is made to depend on legislation by the Dominion, the revocation of the adop-tion should also be made to depend upon legislation by the Dominion.

The other matter is a purely technical one. The clause refers to 'the Government' of a British Possession. The expression 'the Government' is ambiguous, and I think it would be more satisfactory if the expression 'the Governor' were substituted in its place.

I would suggest therefore that the Imperial authorities be asked to amend the Bill so as to make it cover the case of Imperial Acts relating to a self-governing Dominion, and to make the alterations suggested in clause 7.

[Vol. 10, p. 93]

(1)Enacted as section 3 of the British Nationality and status of Aliens Act 1914 (Imp.).

(2)Enacted as section 8(with variations) of the British Nationality and status of Aliens Act 1914 (Imp.).

(3)Cf. section 9 of the British Nationality and status of Aliens Act 1914 (Imp.).

* See also Openion No.451.