NATURALIZATION ORDINANCE, 1902

NATURALIZATION ORDINANCE, 1902

No. 33 of 1902, repealed by No. 8 of 1912.

No. 34 of 1902, incorporated in No. 1 of 1889,
repealed by No. 30 Of, 1915.

No. 35 of 1902, repealed by No. 25 of 1909.

No. 36 of 1902, incorporated in No 1 of 1844.

No. 37 of 1902. repealed by No. 46 of 1909.

No. 38 of 1902-, incorporated in No. 16 of 1901.
repealed by, No. 8 Of 1921.

No. 39 of 1902, repealed by No. 5 of 1905.

No. 40 of 1902, repealed by No. 15 of 1908.

No. 41 of 1902, incorporated in No. 6 of 1901.

No. 42 of 1902, incorporated in No. 1 Of 1870,
repealed by No. 31 Of 1930.

Wo. 43 of 1902, repealed by NO. 43 Of 1912.

No. 44 of 1902.

An Ordinance relating to the naturalization of aliens.

[1st January, 1903.]

1. This Ordinance may be cited as the Naturalization
Ordinance, 1902.

2. Any alien who has. continuously resided in Hong Kong
or been in the service of the Crown for a term of not less than
five years immediately preceding his application, and who

But see the British Nationality and Status of Aliens Act, 1914, (4 & 5
Geo. 5, c. 17), as amended by 8 & 9 Geo. 5, c. 38, 12 & 13 Geo. 5,
C. 44, and 23 & 24 Geo. 5, c. 49; and the Naturalization Regulations,
1936 (S.R. & O., 1936, No. 198-G.N., 578 of 26.6.1936).





intends if naturalized to reside permanently in Hong Kong,
may apply to the Governor for a certificate of naturalization as a
British subject in Hong Kong.

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. Any such certificate may
be in the form in the Schedule.

4. Every such certificate shall contain the condition that the
grantee shall continue to reside permanently in Hong Kong
and that the certificate shall be determinable on the grantee
ceasing so to reside. No certificate of naturalization shall he
issued or 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 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 Hong Kong.

6. Any alien to whom a certificate of naturalization is
granted shall while in Hong Kong 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 Hong Kong.

7.-(1) Where the Governor is satisfied that any certificate
of naturalization granted at any time whatsoever under this
Ordinance was obtained by false representation or fraud, or by
concealment of material circumstances, or that the person to
whom the certificate was granted has shown himself by act or
speech to be disaffected or disloyal to His Majesty, the Governor
shall by order revoke the certificate.

(2) Without prejudice to the foregoing provisions the
Governor shall by order revoke a certificate of naturalization

As amended by No. 1 of 1928 [16.3.28] and Law Rev. Ord., 1939.





granted at any time whatsoever under this Ordinance in any
case in which he is satisfied that the person to whom the
certificate was granted-

(a) has during any war in which His Majesty was engaged
unlawfully traded or communicated with the enemy or with a
subject of an enemy state, or been engaged in or associated with
any business which was to his knowledge carried on in such
manner as to assist the enemy in such war;

has within five years of the date of the grant of the
certificate been sentenced by any court, in His Majesty's
dominions to imprisonment for a term of not less than twelve
months or to a fine of not less than one thousand dollars or one
hundred pounds;

(c) was not of good character at the date of the grant of
the certificate;

(d) has ceased to reside permanently in the Colony; or

(e) remains according to the law of a state at war with His
Majesty a subject of that state,

and that (in any case) the continuance of the certificate is not
conducive to. the public good.

(3) The Governor may, if he thinks fit, before making an
order under this section refer the case for inquiry, and in any
case to which sub-section (1) or paragraph (a), (c) or (e) of
sub-section (2) of this section applies the Governor shall, by
notice given to or sent to the last known address of the holder
of the certificate, give him an opportunity of claiming that the
case be referred for such inquiry, and if the holder so claims in
accordance with the notice the Governor shall refer the case for
inquiry accordingly.

(4) An inquiry under this section shall be held by a com-
mittee appointed for that purpose by the Governor. The
committee shall consist of not less than three nor more than five
persons. The chairman of the committee shall be a judge of
the Supreme Court. The procedure to be adopted shall be such
as the chairman may direct.

(5) A committee appointed under this section shall have
such powers, rights and privileges as are vested in the Supreme
Court or in any judge thereof on the occasion of any action, in
respect of the following matters-





(a) the enforcing the attendance of witnesses and examining
them on oath, affirmation or otherwise, and the issue of a
commission or a request to examine witnesses abroad;

(b) the compelling the production of documents; and.

(c) the punishing persons guilty of contempt,

and a summons signed by one or more members of the commmittee
may be substituted for and shall be equivalent to any formal
process capable of being issued in any action for enforcing
the attendance of witnesses and compelling the production of
documents.

(6) When the Governor revokes a certificate of naturalization
the revocation shall have effect from such date as the Governor
may direct, and thereupon the certificate shall be given up and
cancelled, and any person refusing or neglecting to give up
any such certificate shall upon summary conviction be liable to
a fine not exceeding ono thousand dollars.

(7) A notification of the revocation of any certificate of
naturalization shall be published in the Gazette.

(8) When a certificate of naturalization is revoked the
former holder thereof shall be regarded as an alien and as a
subject of the state to which he belonged at the time when the
certificate was granted.

(9) It shall be lawful for the Governor, for any reason which
would entitle him to revoke a certificate of naturalization granted.
at any time whatsoever under this Ordinance, to order that any
person naturalized by any Ordinance for the naturalization of
British subjects within this Colony shall cease to be a naturalized
British subject within the Colony: Provided that no such order
shall be made until an inquiry has been held by a committee
constituted in accordance with the provisions of sub-section (4)
and such committee has recommended to the Governor that such
order should be made. Every order made under this sub-section
shall be published in the Gazette and the person to whom such
order applies shall cease to be a naturalized British subject
within the Colony from the date of the publication of such order
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
mav direct.

9.-(1) A person who has obtained a certificate of naturali-
zation tinder any Ordinance for the naturalization of persons
as British. subjects within this Colony and who, when in any
foreign state and not under disability, by obtaining a certificate
of naturalization or by any other voluntary or formal act becomes
naturalized therein, shall thenceforth be deemed to have ceased
to be a naturalized British subject within the Colony.

(2) When any person who has been granted a certificate of
naturalization within the Colony is deemed to have ceased to
be a British subject within the Colony, his certificate shall
thereupon be given up and cancelled, and any person refusing
or neglecting to give up any such certificate shall upon summary
conviction be liable to a fine not exceeding one thousand dollars.

10.-(1) An alien on naturalization shall take the oath of
allegiance in the form provided in the Promissory Oaths
Ordinance, 1869, and the oath shall be tendered by the Clerk
of Councils in the presence of the Colonial Secretary.

(2) If an alien who has applied for a certificate of naturali-
zation declines or neglects to take the oath of allegiance when
duly tendered, he shall be disqualified from obtaining the said
certificate, and if the same has already been granted, it shall
beconie ipso facto void.

SCHEDULE. [s. 3.]

FORM OF CERTIFICATE OF NATURALIZATION.

The Naturalization Ordinance, 1902,
Governor.
By His Excellency ....................
....................... Governor of Hong Kong.

WHEREAS ...................................
of . .............................
a subject of ....................................

The fee directed to. be paid is $250-G.N. 552 of 8.10.1926.
As amended by No.1 of 1928 [16.3.28] and Law Rev. Ord., 1939.

has applied to me for a Certificate of Naturalization as a British
subject:
AND WHEREAS the said ...............................................
has satisfied me that he has before, making such application con-
tinuously resided in Hong Kong (or been in the service of the Crown)
for the space of years, and that he intends if naturalized to
reside permanently in Hong Kong:
Now, therefore, , 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 Hong Kong 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 Hong
Kong.
This certificate is granted subject to the condition that the said
.........................shall continue to reside permanently in Hong Kong
and is determinable on the said ...................................................
ceasing so to reside.
Given under my hand this day of 19
By Command,
[Originally No. 44 of 1902. No. 1 of 1928. Law Rev. Ord., 1939.] Short title. Certificate of naturalization. Evidence in support of application. Schedule. Conditions. Certificate to alien previously naturalized. Rights, etc., of naturalized alien. [cf. No. 16 of 1936, s. 2 (2) ©.] Revocation of certificate of naturalization. 8 & 9 Geo. 5, c. 38, s. 1. [s. 7 contd.] [s. 7 contd.] Fee. Loss of local naturalization rights upon foreign naturalization. 4 & 5 Geo. 5, c. 17, s. 13. Oath. Ordinance no. 1 of 1869. *The term must not be less than five years.

[Originally No. 44 of 1902. No. 1 of 1928. Law Rev. Ord., 1939.] Short title. Certificate of naturalization. Evidence in support of application. Schedule. Conditions. Certificate to alien previously naturalized. Rights, etc., of naturalized alien. [cf. No. 16 of 1936, s. 2 (2) ©.] Revocation of certificate of naturalization. 8 & 9 Geo. 5, c. 38, s. 1. [s. 7 contd.] [s. 7 contd.] Fee. Loss of local naturalization rights upon foreign naturalization. 4 & 5 Geo. 5, c. 17, s. 13. Oath. Ordinance no. 1 of 1869. *The term must not be less than five years.

https://oelawhk.lib.hku.hk/items/show/1482

1937

v2

No. 44 of 1902

6