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THE PRESENT LEGAL POSITION 123
protected state, mandated territory or trust territory to be for the purposes
of this Act British protected persons by virtue of their connection with that
protectorate, state or territory.1
(b) The British Protectorates, Protected States, and Protected Per­
sons Order in Council, 1949,2 issued in accordance with Sections 30
and 32 of the British Nationality Act, 1948, enumerates which terri­
tories arc British Protectorates (the First Schedule), which territories
arc protected states (the Second Schedule) and which territories are
trust territories (the Third Schedule). This Order defines under Sections
9 and 12, two main categories of British protected persons as follows:
Section 9 (1) ... a person shall be a British protected person by virtue of
his connection with a protectorate or a trust territory—
(a) if he was born (whether before or after the date of this Order) in a
protectorate or trust territory; or
(b) in the case of a person born elsewhere than in a protectorate or trust
territory before the date of this Order, if his father was born in a protec­
torate or trust territory; or
(c) in the case of a person born elsewhere than in a protectorate or trust
territory after the date of this Order, if his father was born in a protectorate
or trust territory and was a British protected person at the time of that
person’s birth.
Section 12 (1) A person who, under any law providing for citizenship or
nationality in force in any protected state, is a citizen or national of that
state shall be a British protected person by virtue of his connection with that
state.
(2) If in any protected state no such law as is mentioned in the preceding
sub-section is in force, the provisions of section 3, section 4, section 9,
section 11 and section 13 of this Order shall have effect in relation to that
state as if it were a protectorate.
British protected persons are, therefore, either (tf) those who are such
by virtue of their connection with protectorates specified by the Order
(Section 9), or (b) those who arc such by virtue of being nationals of
protected states specified by the Order, in accordance with the terms
of nationality laws issued by these states (Section 12). If any such
protected State has no local nationality law of its own, Sections 9,
11 and 13 would then apply to it as if it were a protectorate.3
1 Regarding the definition of protectorates and protected States, Article 30 of
the Nationality Act, 1948, provides: ‘His Majesty, may in relation to states and
territories under His protection through His government in the United Kingdom,
by Order in Council declare which of those states and territories are protectorates
and which of them are protected states for the purpose of this Act.’
2 S.I. 1949, No. 140. See also Parry, C., Nationality and Citizenship Laws of the
Commonwealth and of the Republic of Ireland (1957), pp. 358-60.
3 By Section 12 (2) is meant that a national of a protected State which has no
nationality law would be regarded as a British protected person in accordance with
Section 9 (1) as if he were a national of a protectorate. See text above.