Page images
PDF
EPUB

All Treaties and Conventions of any kind in force between Italy and Spain shall, in the absence of any special clauses to the contrary, apply as of right to the Spanish Zone of the Shereefian Empire.

If under the penal code in force a death sentence be passed on an Italian subject in the Spanish Zone of the Shereefian Empire, or on a person whose extradition has been conceded by the Italian Government, the Spanish Government will especially pray His Majesty the King of Spain, with whom, under the laws of the Zone, lies the power to grant a remission of sentence, to exercise this prerogative on behalf of the condemned.

The present declaration shall take effect ten days after the date of signature.

Done in Madrid, in duplicate, the 28th day of April, 1916. CONDE DE ROMANONES. BONIN.

JAPANESE LAW relative to Nationality and Naturalisation. Came into force April 1, 1899.*

(Translation.)

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

2. If the father loses his nationality either by divorce or by dissolution of adoption, before the child's birth, the provisions of the preceding Article apply retrospectively to the commencement of conception.

The provisions of the preceding article do not apply to cases where both the father and mother leave the family. But if the mother in such cases returns to the family before the child's birth, this rule does not apply.

3. In cases where the father cannot be ascertained, or has no nationality, the child is regarded as a Japanese subject if the mother is a Japanese.

4. If neither the father nor the mother of a child born in Japan can be ascertained, or if they have no nationality, it is regarded as a Japanese subject.

5. An alien acquires Japanese nationality in the following

cases:

(i.) By becoming the wife of a Japanese.

(ii.) By becoming the husband, by entrance into her family, of a Japanese.

* Amended by Law No. 27 of 1916. See page 920.

(iii.) By recognition by a Japanese father or mother. (iv.) By adoption by a Japanese.

(v.) By naturalisation.

6. For the acquisition by an alien of Japanese nationality by recognition the following conditions must be satisfied :

(i.) He or she must be a minor by the law of his or her country.

(ii.) The alien concerned must not be the wife of a foreigner. (iii.) The parent, whether father or mother, from whom recognition has just proceeded must be a Japanese.

(iv.) If the recognition has proceeded simultaneously from the father and mother, the father must be a Japanese.

7. An alien may become naturalised with the permission of the Minister of the Interior. Unless the following conditions are satisfied the Minister of the Interior cannot permit the naturalisation: :

(i.) Having had a domicile in Japan for five or more years consecutively.

(ii.) Being of the full age of 20 years, or more, and having legal capacity by the law of his or her country.

(iii.) Being of good character.

(iv.) Having sufficient means or professional attainments to secure an independent livelihood.

(v.) Having no nationality, or if his or her nationality will be lost by the acquisition of Japanese nationality.

8. The wife of an alien cannot become naturalised except in conjunction with her husband.

9. The following aliens can, if they have actual domiciles in Japan, become naturalised even without satisfying the conditions mentioned in sub-heading i. of the second paragraph of Article 7.

(i.) A person whose father or mother is a Japanese.

(ii.) A person whose wife is a Japanese.

(iii.) A person born in Japan.

(iv.) A person who has had a place of residence in Japan for a period of ten years, or more, consecutively.

The persons mentioned in sub-headings i.-iii., inclusive, of the preceding paragraph cannot become naturalised unless they have had a place of residence in Japan for a period of three years, or more, consecutively. But if the father, or mother, of the person mentioned in sub-heading iii. was born in Japan this rule does not apply.

10. In cases where the father or mother of an alien is a Japanese, if the alien in question has an actual domicile in Japan, he or she may become naturalised even without satisfying the conditions mentioned in sub-heading i., ii. and iv. of the second paragraph of Article 7.

11. With regard to an alien who has rendered specially meritorious service to Japan, the Minister of the Interior may, not

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 15 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.

« PreviousContinue »