File No. 15077/85.

Minister Hicks to the Secretary of State.

No. 311.]

Sir: Referring to department’s 1262 and No. 140,1 dated August 22, 1908, and December 3, 1908, in regard to representation of the Chinese in Chile, I have to report that the necessary instructions were sent at once to the consuls at Valparaiso, Iquique, and Punta Arenas.

The consul at Iquique, Mr. Rea Hanna, in acknowledging receipt of the instructions, asks if the children born in Chile of Chinese parents are to be considered as Chinese subjects and given certificates. As under the Chilean law all persons born in Chile are considered Chilean citizens, his inquiry is natural.

I have advised him that, in the absence of specific instructions on this point, I would express the opinion that children born in the country of foreign parentage could not be deprived of their citizenship [Page 195] without the assent of the Government to which the parents owed allegiance and that until I could obtain exact instructions on this point he could act accordingly.

However, I notified him that I would lay the matter before the department for a ruling, as I can find nothing in my instructions which covers the point.

I shall be glad, therefore, if department will give me a decision in the case, and I shall at once communicate it to all the consuls.

I am, etc.,

John Hicks.