Page 261 - Gulf Precis (VII)_Neat

u7
naturalization. The principles laid down by Lord Rosebury and Lord
of Kimberley in consultation were these:—
(1) Naturalized British subjects are not according to English Law entitled
to claim British nationality in their country of origin, unless they have lost their
original nationality. Lord Rosebury further held in regard to aliens naturalized
in India that their British nationality does not extend, under any circumstances,
beyond the limits of Her Majesty’s Indian possessions. Lord Kimberley on the
contrary held that such naturalization entitles a person to recognition of his
status as a British subject, at least to the extent of protection and assistance
on the part of British representatives, in all foreign countries except his original
country of domicile.
It was pointed out that Lord Salisbury's ruling of nth January 1889 was
founded on the information then in possession of the Foreign Office, and that
the claim authorized was to be raised against the ex-territorial jurisdiction of
the Persian Consul-General in Egypt, but not against Persian authorities in
Persia. From further information elicited from the Persian Minister at Tehran,
it appeared doubtful whether Persians, naturalized in Russia or British dominions
could claim in Persia the protection of the representatives of the country in which
they have been naturalized.
(2) Natural born British subjects who are children of Persian parents retain
their British nationality even in Persia according to English and Indian law. If,
however, they still retain their Persian nationality according to Persian law, they
would whilst in Persia, according to the general rule in force in civilized states,
be subject to all the obligations which the law of Persia imposes on its subjects.
This principle, which was laid down in Lord Darby’s despatch of 24th July 1876,
was concurred in both by Lord Rosebury and Lord Kimberley.
(Ivli) Question of registration of British subjects and submission of annual
reports, 1892.
400. In March 1892 Colonel Talbot, with a view to prepare correct lists of
registered British subjects, enquired whether
External A., June 1892, Nos- 118-119.
they should include names of many
Mahomedan traders whose ancestors left Sind or Cutch and settled in Persia
long ago, without returning to the country of their origin. He drew attention
to the law as laid down by Lord Stanley in his despatch, dated 12th November
1867, that the grandsons of British subjects
Political A., February 1868, Nos. 345-246.
who have acquired a Persian domicile (of
origin) are Persian, not British subjects, and as such are not entitled to
protection.
401. In reply he was told (letter No. 924-E., dated 19th May 1892):—
Section 59 of the order only requires the Consul-General to send to the Governor-
General of India in Council, for transmission to Her Majesty’s Secretary of State, a report
containing (amongst other matter) “ an abstract of the list of registered British subjects,'*
that is, of the persons who have already been registered as British subjects. Section
38, Sub-section (1), of the Order recognises registration effected prior to the date of the
order, as it specially accepts from the necessity of registration under that section persons
“ already registered Thus under Section 59 of the Order you are merely required to
send an abstract of the list of persons whose names have been registered as British
subjects, whether before or after the commencement of the order ; aud you are not only
bound, but have no authority to revise this list, and exclude from it persons whom
you may consider (perhaps correctly) to have been improperly registered.
402. The purport of this order was explained in 1892 m connection with the
case of Malek-ut-Tujjar (see paras. 405-406 below).

(lviii) Dispute between Malek-ut-Tujjar and Moin-ut-Tujjar about certain
immoveable property at Bushire and the claim of the former to British Consular
protection, 1892.
403. The facts of the case are as follows. There were three brothers named
Haji Abdul Mahomed, Haji Baba and Agha
External A.., September 189a, Nos. 333-358.
Mahomed Ali, all natives of Kazran in
Fars. The second Haji Baba—grandfather of the Malek-ut-Tujjar—emigrated
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