Page images
PDF
EPUB

withstanding the provisions of the second paragraph of Article 7, with the Imperial sanction give permission for his naturalisation.

12. Naturalisation must be notified in the Official Gazette. Naturalisation cannot be set up against a third person who has acted in good faith until after such notification has taken place.

13. The wife of a person who acquires Japanese nationality acquires such nationality in conjunction with her husband.

The provisions of the preceding paragraph do not apply if the law of the wife's country contains provisions which are contrary thereto.

14. If the wife of a person who has acquired Japanese nationality has not acquired such nationality in accordance with the provisions of the preceding article, she may become naturalised even without satisfying the conditions mentioned in the second paragraph of Article 7.

15. If the child of a person who acquires Japanese nationality is a minor by the law of its own country, it acquires Japanese nationality in conjunction with the father or mother.

The provisions of the preceding paragraph do not apply if the law of the child's country contains provisions which are contrary thereto.

16. A naturalised person, a person who being the child of a naturalised person has acquired Japanese nationality, and a person who has been adopted by, or has become the husband by entering her family of a Japanese, does not possess the following rights :

(i.) The right to become a Minister of State.

(ii.) The right to become President, Vice-President, or a member of the Privy Council.

(iii.) The right to become a Choku-nin official of the Imperial Household.

(iv.) The right to become an Envoy Extraordinary and Minister Plenipotentiary.

(v.) The right to become a General or Admiral.

(vi.) The right to become President of the Supreme Court, President of the Board of Audit, or Head of the Court of Administrative Jurisdiction.

(vii.) The right to become a member of the Imperial Diet. 17. The restrictions laid down in the preceding Article may, in the case of a person who has become naturalised in accordance with the provisions of Article 11, after five years have elapsed from the date of his acquiring Japanese nationality, and in the case of other persons, after ten years have elapsed, be removed by the Minister of the Interior with the Imperial Sanc

tion.

18. If a Japanese woman marries an alien, she loses Japanese nationality.

19. A person who has acquired Japanese nationality by marriage or adoption, loses such nationality in the event of divorce, or the dissolution of adoption, only if he or she reverts thereby to his or her foreign nationality.

20. A person who has acquired foreign nationality by his own wish loses Japanese nationality.

21. If the wife and child of a person who has lost Japanese nationality acquire the latter's new nationality they lose Japanese nationality.

22. The provisions of the preceding Article do not apply to the wife and child of a person who has lost Japanese nationality by divorce or the dissolution of adoption. But cases where the wife is not divorced when the dissolution of the husband's adoption takes place, or where the child leaves the family together with the father, do not come under this rule.

23. If a child who is a Japanese acquires foreign nationality by recognition, it loses Japanese nationality. But this rule does not apply to a person who has become the wife, the husband by entering her family (nin-fu), or the adopted child of a Japanese.

24. Notwithstanding the provisions of the preceding five Articles, a male of the age of seventeen years or upwards does not lose Japanese nationality unless he has served or is not liable to serve, in the Army or Navy.

Notwithstanding the provisions of the preceding six Articles a person who is actually holding an official post in the Civil or Military service does not lose Japanese nationality until after his official employment, has ceased.

25. If a person who has lost Japanese nationality by marriage is domiciled in Japan after the dissolution of the marriage, she may, with the permission of the Minister of the Interior, recover Japanese nationality.

26. If a person who has lost Japanese nationality in accordance with the provisions of Articles 20 and 21 is domiciled in Japan, he or she may, with the permission of the Minister of the Interior, recover Japanese nationality. But this rule does not apply to cases where the persons mentioned in Article 16 have lost Japanese nationality.

27. The provisions of Articles 13-15, inclusive, extend to cases coming under the preceding two articles.

Supplementary Clause.

28. This law shall come into force on and from 1st April, 1899.

AMENDMENTS, passed in the 1915-16 Session of the Japanese Diet, of the Law of Nationality of 1899.*— Came into force August 1, 1916.

(Translation.)

[Law No. 27, of 1916.]

THE Law of Nationality is amended as follows:

Art. 18. When a Japanese on becoming the wife of an alien has acquired the husband's nationality she loses Japanese nationality.

Art. 20. B. When a Japanese who by reason of having been born in a foreign country has acquired the nationality of such country has domicile in such country he (or she) may expatriate himself (or herself) in respect of Japanese nationality with the permission of the Minister of State for Home Affairs.

The application for the permission referred to in the preceding paragraph shall be made by the legal representative in case the person effecting expatriation is under 15 years of age. In the case of the person being a minor of i5 years or over, or a person adjudged incompetent, the application requires to be made with the consent of the legal representative.

A stepfather, a stepmother, a legal mother or a guardian requires to obtain the consent of the family council in making the application or giving the consent referred to in the preceding paragraph.

A person who has effected expatriation loses Japanese nationality.

In Article 24 the words "preceding 5 Articles are altered to" preceding 6 Articles" and the words " preceding 6 Articles " to "preceding 7 Articles."

In Article 26 the words "Article 20 B" are added after the words "Article 20"; and the following paragraph is added:

:

The application for the permission referred to in the preceding paragraph must, in the case of a person under 15 years who has lost Japanese nationality, pursuant to the provisions of Article 20 B be made by the father of the family to which such person belonged at the time of expatriation in respect of Japanese nationality, by the mother if the father cannot do it, by the grandfather if the mother cannot do it, and by the grandmother if the grandfather cannot do it.

*Page 916.

JAPANESE NOTIFICATION relative to the Divestiture of Nationality.—July 10, 1916.*

(Translation.)

Notification No. 8 of the Japanese Department of the

Interior.

Matters relating to the Divestiture of Nationality are determined as follows: :

ART. 1. Persons wishing to divest themselves of their nationality under the provisions of Article 20 B† of the law of nationality should make application to the Minister of the Interior through the Japanese Ambassador, Minister or Consul resident in that country, furnishing the following items:

(1.) Copy of census register.

(2.) Birth certificate issued or attested by the proper Authorities of the country of birth.

(3.) Should the applicant have been to Japan since birth, the number of times and the length of stay on each occasion. (4.) The year when his parents began to reside in the country of birth of the person in question.

(5.) The names of the relatives residing with the person in question and their relationship.

(6.) When the person in question is a minor of not less than the full fifteen years, or is interdicted from the management of property, the written consent of his legal representative.

(7.) In case the consent of the family council is required in connection with the application or consent, the written consent of the family council.

(8.) When the person in question is a male of not less than the full seventeen years, documents to prove that he has submitted to active service in the army or navy or that he has no obligation to do so.

2. The sanction of divestiture of nationality takes effect when 30 days have elapsed reckoning from the day after the date of the written sanction.

3. When sanction has been given for the divestiture of nationality the Minister of the Interior shall notify it.

* With effect from August 1, 1916.

† Page 920.

Supplementary regulation.

This notification comes into force from the 1st of August,

1916.

Department of the Interior,
10th July, 1916.

ICHIKI KITOKURO,

Doctor of Laws,

Minister of the Interior.
ISHII KIKUJIRO,

Baron,

Minister for Foreign Affairs.

JAPANESE NOTIFICATION of Italian Denunciation of the Treaty of Commerce and Navigation, November 25, 1912, between Italy and Japan.-December 29, 1916.*

(Translation.)

THE Imperial Government have received notice under date of 24th December, 1916, from the Italian Government of their desire that the Treaty of Commerce and Navigation between Japan and Italy, signed the 25th of November, 1912,† shall cease to be operative after the 31st day of December, 1917. 29th December, 1916.

ICHIRO MOTONO,
Viscount, LL.D.,
Minister for Foreign Affairs.

TREATY OF ALLIANCE between Japan and Russia for the Protection of their Rights and Interests in the Far East.-Petrograd, July 3, 1916.‡

LE Gouvernement Impérial de Russie et le Gouvernement Impérial du Japon, résolus d'unir leurs efforts pour le maintien d'une paix constante en Extrême Orient, s'entendent sur ce qui suit:

* Japanese "Official Gazette," December 29, 1916.

† Vol. CVI, page 1080.

Russian "Official Bulletin of Laws," July 12 (25), 1916.

« PreviousContinue »