The Secretary, Home and Territories Department, forwards the following memorandum for advice:

The attached copy of the Aliens Ordinance 1919, of the Territory of Papua, is forwarded for favour of advice as to whether there is any reason why the Governor-General should not be asked to assent to the measure.

In this connection I subjoin a copy of a radio received from the Acting Administrator:

My dispatch No. 97 re Aliens Ordinance assuming this Ordinance consented to could person of German and Austrian origin naturalized Papua before war and deported thence to Australia during war for internment on being denaturalized be refused permission to return Papua or land if they do return?

I shall be glad to be favoured with an early reply, together with an intimation that there is no objection to the Governor-General giving his assent to the Ordinance.

The proposed Ordinance contains the following provision:

10(1) Where-

1. it is proved to the satisfaction of the Lieutenant-Governor that a certificate of naturalization has been obtained by any untrue statement of fact or intention; or
2. the Lieutenant-Governor is satisfied that it is desirable for any reason that a certificate of naturalization should be revoked

the Lieutenant-Governor may revoke the certificate which shall thereupon be and be taken to have been of no effect with respect either to the person who obtained the certificate or to any person naturalized by virtue thereof and shall on demand be delivered up to the Government Secretary⁽¹⁾

Assuming that the Ordinance receives the Governor-General's assent and this provision becomes law, a person whose certificate of naturalization is revoked thereunder may be treated as an alien. It has been decided by the Privy Council in Musgrove v. Chun Teeong Toy [1891] A.C. 272 that an alien has no legal right, enforceable by action, to enter British territory.

I am, therefore, of opinion that the Acting Administrator in question may be answered in the affirmative.

[Vol. 16, p. 365]

(1)Inserted by section 2 of the Aliens Ordinance 1919 in the Aliens Ordinance 1911; the amending Ordinance was assented to on 1 March 1920.