Page image

A—4

to be granted tlie Court must be satisfied that the petitioner is above a specified age(eighteen years for males, fourteen for females), that he can read English, and that his registration as a European is in his own interest. The Court has declared a total of 548 former Samoans to be Europeans and 36Europeans to be Samoans. During the year 1948-49 3 Samoans have been declared Europeans and 6 Europeans have been declared Samoans. The principal legal consequences of the difference in status are as follows : A Samoan may not — (1) In general be sued for trade debts (in other types of debt the matter is at the discretion of the High Court). (2) Be a member of any incorporated company or partnership without the sanction of the High Commissioner. (3) Be enrolled as a European elector. A European may not — (1) Share, as of right, in the use of Samoan land, or in the rents or profits derived from it, or acquire Samoan land by inheritance. (2) Permit a Samoan title to be conferred on him, except with the express consent of the High Commissioner. (3) Exercise any of the rights associated with a Samoan title, if he has been permitted to accept one. The national status of the great majority of Samoans is that of British-protected persons. Following the recent reorganization of the nationality laws of the British Commonwealth, it is intended to change this by Order in Council, under the British Nationality and New Zealand Citizenship Act, 1948, .to that of New-Zealand-protected persons. This proposed change is in accordance with the expressed wish of Samoan representatives. There are two small classes of Samoans whose status differs from that of the majority. The first of these consists of Samoans who have acquired British nationality by naturalization. The number of certificates of naturalization issued to Samoans up to 31st March, 1949, was 54. The second class consists of former Europeans who acquired Samoan status by declaration of the High Court. They retain the national status which they possessed as Europeans. The national status of Europeans is dependent upon the nationality of a direct male ancestor, from whom, in the great majority of cases, they derive their European status. Thus there are considerable groups of Europeans of British, American, German,, and Chinese nationality, and smaller numbers who are nationals of many other States. Many Europeans, however, do not retain their full rights of nationality, and may, indeed, have become Stateless persons. Nationality laws in most cases lay down that those who acquire nationality by descent must take some positive step to assert their rights.. In some cases, even those whose nationality derives from birth may lose it if they fail for a long period to register with a consulate or take some similar action. In addition it is now possible for an inhabitant of the Territory to claim European status by virtue of non-Samoan descent on the female side. In such circumstances the national status of the person concerned would be that of a Samoan. Europeans, like Samoans, can apply for naturalization as British subjects. Up to 31st March, 1949, 99 certificates had been granted to persons of European status. The present position is a complex one and is under constant examination by the administering authority. The Trusteeship Council will be advised in subsequent reports of proposals for a solution of this problem. National status is not, in general, a basis for the restriction of personal rights. In a period of emergency, however 5 those who are declared to be enemy aliens suffer various ; disabilities.

10

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert