RIGHTS OF ALIENS

Press, Volume LXIV, Issue 19258, 13 March 1928, Page 11

RIGHTS OF ALIENS

QUESTION OF LAW PRACTICE. APPLICATION TO FULL COURT. (PRESS ASSOCIATION TELEGRAM.) WELLINGTON, Alarcb. 12. The Full Court to-day heard an application by William John Heyting to be admitted as a solicitor. Heyting is a Dutch subject, born in Java iu 11)02, where his father was an Administrator. In 1015 he was sent to Sydney tor his education. There he was privately taught to »peak English, and went to Sydney University in 11J23.l 1 J23. In 19*24 he matriculated into the London University and shortly afterwards came to New Zealand and commenced his legal studies at Auckland. Heyting spent 1925 in America, Europe, and India, returning to this country iu 1926 to complete his law course at Victoria College. Last November he passed his qualifying examinations and applied to be admitted as a solicitor in- February, having had practical experience for two years. The Chief Justice then raised the question whether he had power to admit Heyting as he was an alien. The question, being somewhat obscure and of importance was referred to him by the Full Court for argument. Heyting opened his own case in the Full Court. He drew the Court's attention to the affidavit which he filed showing that from the time when he first left Java in 1915 and went to Australia his whole education and outlook had become British; that he had never been back either to Holland or Java; and that he never expected to go back. He had been anxious to become a naturalised British subject, but the Naturalisation Act in New Zealand was such that it could not confer British nationality on an alien. It could only confer limited rights enjoyable within New Zealand. He did not wish to part with what nationality he had, which he would do according to Dutch law by nattnalising here in New Zealand, 'until he was quite sure that it conferred on him British nationality and did not heave him stateless and without the protection of any nationality at all. In the affidavit Heyting showed that he had approached the Attorney-Gen-eral last year in the hope of obtaining an amendment to the Naturalisation Act, 1923, so as to bring it into conformity with the Imperial Act, which enables the Dominions to confer British nationality on aliens if their Legislature adopts certain parts of the Imperial Act involving mutual recognition of aliens naturalised in some other part of the Empire. The New Zealand Legislature, being apparently unwilling to do this, did not conform to the Imperial Act as all the other Dominions have done.

Heyting submitted that there was nothing in the Law Practitioners Act, as there was in the Electoral and Civil Service Acts, to debar an alien, that the Act was very wide in its wording and enabled "every person" who had fulfilled the conditions of admission such as examinations, to be admitted; and that there was nothing in the status of an alien at common law to debar him. The Act of Settlement of 1700 prevented aliens from occupying any "office or place of trust, either civi! or military." This, said Heyting. meant any office under the Crown and would preclude him from becoming Crown Solicitor, but was no bar to his admission into the profession. Finally, .Heyting argued that as many aliens naturalised in New Zealand have been admitted, the late Mr Justice Alpers being a most conspicuous case, there was no reason why an unnaturalised alien should not be, inasmuch as naturalisation here did not make him any more a British subject.