Slike strani
PDF
ePub

We order that the present document, bearing the seal of State, be embodied in the official collection of the laws and decrees of the Kingdom of Italy, and that the competent authorities be instructed to observe it and cause it to be observed.

[blocks in formation]

Mr. Wright, ambassador to Japan, to Mr. Root, Secretary of State, August 22, 1906.

No. 49.]

AUGUST 22, 1906.

SIR: In compliance with the Department's circular of July 9, 1906, I have the honor to transmit herewith translations of the laws of Japan concerning citizenship, expatriation, naturalization, and protection of Japanese subjects abroad.

From the inclosures it is gathered that Japanese citizenship is acquired by a child by birth, if his or her father be a Japanese subject, or, in case the father is unknown or has no nationality, if the mother be a Japanese subject, or, in case both parents are unknown or have no nationality, if the child be born in Japan.

Aliens may acquire Japanese nationality in the following cases: 1. By becoming the wife of a Japanese subject.

2. By becoming the husband of a Japanese woman who is the head of a "house" (or family corporation), at the same time becoming a

member of her house.

3. By being acknowledged by his father or mother who is a Japanese subject.

4. By adoption by a Japanese subject.

5. By naturalization.

The adoption of an alien, the marriage of a Japanese woman who is the head of a house to an alien, and the naturalization of an alien can only be effected by permission of the minister of the home department.

Japanese citizenship may be lost by a woman by marriage with an alien, by minors through the change of allegiance of their parents, by any subject of full age who voluntarily acquires foreign nationality. Exceptions to the right of expatriation are made in the cases of males of the age of 17 years and upward who have not performed their service in the army and navy under the law of conscription, and in the cases of those in the civil or military services of the Government who have not obtained permission from their official chiefs.

There does not appear to be any provision of Japanese law imposing forfeiture of citizenship in consequence only of residence in

foreign parts, whether temporary or permanent. Forfeiture of protection abroad can only follow some overt act manifesting a voluntary intention to renounce Japanese citizenship. Japanese citizenship may be reacquired by permission of the minister of the home department. LUKE E. WRIGHT.

I have, etc.

[Enclosure 1-Translation.]

LAW OF JAPAN No. 21.

[Promulgated July 9, 1898.]

I. A Japanese, in order to adopt an alien or a Japanese woman who is the head of a house, in order to marry an alien, must obtain the permission of the minister of the home department.

II. The minister of the home department may give the permission mentioned in the preceding article, if the following requisites exist as to the alien:

1. He must have had his domicile or residence for at least one full year in Japan.

2. He must be a person of honest behavior.

[Enclosure 2-Translation.]

LAW OF JAPAN No. 66.

[Promulgated April 1, 1899.]

1. A child is a Japanese subject if at the time of his birth his father is such. The same applies if the father, having died before the child's birth, was a Japanese subject at the time of his death.

2. If the father before the birth of the child loses his Japanese nationality by divorce or by a dissolution of adoption, the provisions of the preceding article apply with relation back to the beginning of the pregnancy.

The provisions of the foregoing paragraph do not apply if both parents quit the house, unless the mother returns to the house before the birth of the child.

3. When the father is unknown or has no nationality, the child is a Japanese subject if the mother is such.

4. If both parents of a child born in Japan are unknown or have no nationality, the child is a Japanese subject.

5. An alien acquires Japanese nationality in the following cases: (1) By becoming the wife of a Japanese; (2) by becoming the husband of a Japanese woman who is the head of the house, at the same time entering her house; (3) by being acknowledged by his father or mother who is a Japanese subject; (4) by adoption by a Japanese subject; (5) by naturalization.

6. The requisites for an alien's acquiring Japanese nationality by acknowledgment are as follows: (1) The child must be a minor ac

cording to the law of his nationality; (2) the child must not be the wife of an alien; (3) the parent who first acknowledges the child must be a Japanese subject; (4) if both parents acknowledge the child at the same time, the father must be a Japanese subject.

7. With the permission of the minister of the home department, an alien may be naturalized on the following conditions: (1) He must have had his domicile in Japan for five consecutive years; (2) he must be at least twenty years old and a person of full capacity by the law of his nationality; (3) he must be a person of honest behavior; (4) he must have either property or working ability sufficient for an independent livelihood; (5) he must have no nationality or must lose his nationality on acquiring Japanese nationality.

8. A wife of an alien can be naturalized only together with her husband.

9. An alien who has at the time his domicile in Japan can be naturalized, even though the conditions specified in article 7, No. 1, do not exist, in the following cases: (1) If one of his parents is or has been a Japanese subject; (2) if his wife is or has been a Japanese subject; (3) if he was born in Japan; (4) if he has resided in Japan for ten consecutive years.

The persons mentioned in the preceding paragraph under Nos. 1 to 3 can be naturalized only if they have resided in Japan for three consecutive years; but this does not apply, if a parent of a person mentioned in No. 3 was born in Japan.

10. If a parent of an alien is a Japanese subject and such alien has his domicile at the time in Japan, he may be naturalized even though the conditions specified in article 7, Nos. 1, 2, and 4, do not exist.

11. The minister of the home department may, with the sanction of the Emperor, permit the naturalization of an alien who has done specially meritorious services to Japan, without regard to the provisions of article 7.

12. Public notice of a naturalization must be given. A naturalization can be set up against a third person acting in good faith only after such notice.

13. The wife of a person who acquires Japanese nationality acquires it together with her husband, unless she expresses a contrary intention within one month from the time when she had notice of her husband's acquisition of Japanese nationality.

These provisions do not apply if the law of the wife's nationality provides to the contrary.

14. If the wife of a person who has acquired Japanese nationality did not herself acquire it according to the provisions of the preceding article, she may be naturalized even though the conditions specified in article 7 do not exist as to her.

15. A child of a person who acquires Japanese nationality acquires it together with his parent, if the child is a minor according to the law of his nationality.

This provision does not apply if the law of the child's nationality provides to the contrary.

16. A person naturalized, a person who as being the child of a naturalized person has acquired Japanese nationality, or a person who has become the adopted child of a Japanese or the husband of a Japanese woman who is the head of the house has not the follow

ing rights: (1) The right to become a minister of state, a minister of the imperial household, or keeper of the privy seal; (2) the right to become president, vice-president, or a member of the privy council; (3) the right to hold the position of a general or admiral; (4) the right to become president of the supreme court, of the board of accounts, or of the administrative litigation court; (5) the right to hold the position of court councillor; (6) the right to be elected as or to vote for a member of the imperial diet.

17. The minister of the home department, with the sanction of the Emperor, may except from the restrictions of the preceding article a person who has been naturalized under the provisions of article 11, after five years from the time when he acquired Japanese nationality, or any other person after ten years.

18. A Japanese woman who marries an alien loses thereby her nationality.

19. A person who by marriage or adoption has acquired Japanese nationality loses it on divorce or the dissolution of the adoption only in case he thereby acquires a foreign nationality.

20. A person who voluntarily acquires a foreign nationality loses thereby his Japanese nationality.

21. The wife or child of a person who loses his Japanese nationality loses the Japanese nationality on acquiring the nationality of such person.

22. The provisions of the preceding article do not apply to the wife or child of a person who loses his Japanese nationality by divorce or the dissolution of adoption, unless the wife in case of dissolution of adoption of her husband does not procure a divorce or the child quits the house, following his father.

23. If a child who is a Japanese subject acquires by acknowledgment of a foreign nationality, he loses his Japanese nationality, but this does not apply to a person who has become the wife of a Japanese subject, the husband of a Japanese woman being the head of the house, or the adopted child of a Japanese subject.

24. Nothwithstanding the provisions of the preceding five articles, a male person of the age of seventeen years or upwards loses his Japanese nationality only if he has already performed his service in the army or navy or is not bound to perform such service.

25. A person who holds a civil or military position can lose his Japanese nationality only on obtaining the permission of his official chief.

A person who has lost Japanese nationality by marriage, but after the dissolution of such marriage has domiciled in Japan may, by the permission of the minister of the home department, recover Japanese nationality.

26. If a person who has lost Japanese nationality according to the provisions of articles 20 or 21 has a domicile in Japan, he may, with the permission of the minister of the home department, recover Japanese nationality, but this does not apply to a person mentioned. in article 16 who has lost the Japanese nationality.

27. The provisions of articles 13 to 15 apply correspondingly to the cases mentioned in the preceding two articles.

LIBERIA.

Mr. Lyon, minister resident at Monrovia, to Mr. Bacon, Acting Secretary of State, September 10, 1906.

THE AMERICAN LEGATION, Monrovia, Liberia, September 10, 1906. SIR: I have the honor to transmut forthwith a report, pursuant to instructions in your circular July 9, 1906, on the subject of citizenship.

1. The laws relating to citizenship in the Republic of Liberia are contained in Article V of the constitution of the commonwealth, and are as follows:

SECTION 12. No person shall be entitled to hold real estate in this Republic unless he be a citizen of the same. Nevertheless this article shall not be construed to apply to colonization, missionary, educational, or other benevolent institutions so long as the property or estate is applied to its legitimate purpose.

SECTION 13. The great object in forming these colonies being to provide a home for the dispersed and oppressed children of Africa, and to regenerate and enlighten this benighted continent, none but persons of color shall be admitted to citizenship in this Republic.

2. Laws relating to the loss of citizenship are embodied in two statutory enactments in the general statutes, and are as herein transcribed.

(a) Under infamous and heinous crimes, to wit:

Any person or persons who shall be convicted of committing the following crimes are hereby disfranchised, viz, murder, treason, burglary, arson, rape, administering poison with intent to destroy life, slave trading, forgery, housebreaking, assault with intent to kill, perjury, larceny, receiving stolen goods, robbery, child stealing, embezzlement, obtaining money under false pretence.

(b) Article I, an act relating to expatriation:

It is enacted by the Senate and House of Representatives of the Republic of Liberia in legislature assembled:

SECTION 1. Any person or persons, citizens of this Republic, who shall remove to another government and take the oath of allegiance, shall not be entitled to the privileges of citizenship in this-and should such persons again return, they shall not be entitled to the elective franchise until they have again taken the oath of allegiance to this Government and remained in the Republic at least twelve months thereafter.

2. Should any person or persons who had left the Republic again return and refuse to take the oath of allegiance, declaring that he or they had not become citizens of any other government and there should be any doubt respecting the fact, said person or persons shall be questioned as to the truth of the same before some justice of the peace and his or their answer in the negative shall be recorded by the registrar; and should it be afterwards found that he or they had taken an oath of allegiance to any foreign government, all his or their real property in the Republic shall be confiscated and he or they debarred forever from citizenship therein.

3. There are no laws in Liberia on the subject of the renunciation of citizenship therein.

4. There are no statutory enactments in Liberia touching the effect on citizenship therein of residence in foreign countries. According to the attorney-general, Liberia follows the precedents of England and the United States where applicable and is guided by the principles laid down by Wharton and other writers on international law.

5. As to the practice of Liberia in protecting her citizens abroad, she has no laws on the subject, and upon the authority of the attor

« PrejšnjaNaprej »