The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1917-12-07
RULES IN
. lMM|GRAT|0NCASE
Holds Chinese Barred Out Is still
I Citizen and Entitled To
h Re-Entry To Country

fa. 800 r. W es.Ha,E ..t
Because Wong Hing Chow, aims
Wong Chez Fong, who became a natur,
allied citizen Of the United States BY
rcnson Of having been citizen under
the Republic Of Hawaii, had the United
States consul at Shanghai ratify his
passport after he had resided there for
two years. Judge Horsce w. Vaughan,
Of the United States District Court,
held yesterday that the Chinese had not
expatriated himself under the proyis.
ions of an Act of Congress, dated
March 2, 1907, and is therefore entitled
to re-entry into the Islands as an
American citizen. ..,. ~.
Wong Hing Chow went to China from
Honolulu In 1913. He returned TO this
port this year, hut was denied entry by
Immigration lnspector-in.C Chief Halsey,
not because of the peculiar conditions
Of his automatic naturalization as an
American citizen by prior citizenship
under the Republic Of Hawaii laws hut
because he was Of the opinion that un.
der the 1907 law the Chinaman had au-
Dramatically expatrated himself by not
declaring his intention to return to the
United States, or specifically, to Ha-
lwaii. |
allowed to Enter ...,..
Judge Vaughan held otherwise, and
ordered the haheas corpus proceedings
dismissed, the Chinaman given his free.
dom and permission to re-enter the
Territory and renew his residence here.
Judge Vaughan set forth number Of
facts concerning naturalization in con-
nection with prior rights of citizenship
under the Republic by reason of enact.
ments In the Organic Act and cited the
followings ,,%..#
~. BY Section A of the Organic
Act, all those who were citizens of the
Republic Of Hawaii on August l2, 1898,
ore declared citizens of the United
States. #. n'r =,
"2. Article II, Section / Of the
constitution of the Republic of Hawaii,
declared all those born or naturalized
in the Hawaiian Islands citizens of the
Republic; !.
Ff3. Petitioner had been naturalized
IN the Hawaiian Islands and became n
citizen of the Republic of Hawaii and
also Of the United States. d.. -.
"a. The second paragraph of the
second section Of the act of March 2,
1907, applies to those only who came to
the United States from some foreign
state and cannot by construction be ex.
tended to include those upon whom citi-
zenship was conferred when the coun-
try of which they were citizens was an
nexsds to the United States. go. -
f5. The presumption of expatriation
from residence in foreign country I'M
der act of March 9, 1907, does not arise
until the citizen has resided in the for.
eign country for the requisite time
without eyidencing any intention to re.
tain his citizenship, and in computing
such time, that time during which the
citizen was claiming citizenship and
the protection of passport issued by
the government of tho United States
should not be counted"
On his return to Honolulu Wong Hing
Chow ran up against law and immigra-
tion technicalities, one being that he
had failed to substantiate his claim for
admission, and was ordered deported to
China. N".' a E- 4
The judge continued his argument by
saying that the petitioner, having been
naturalized citizen in the Hawaiian
Islands under the monarchy and being
resident of the Islands at the time of
the formation Of the Republic of Ha.
wall and subject to its jurisdiction, he
was by virtue of its constitution made
citizen of thu, Republic from its incep'
ttion.
Was Citizen Of Republic
"Was he naturalized citizen of the
Republic9" queries Judge Vaughan,
~ He should not be considered such IN
less others made citizens by the consti.
tuition be considered the same. 1t ap.
pears to me that he is entitled to be
considered as having been a citizen Of
the Republic of the same class as all
others upon whom citizenship was con,
ferred by the constitution in the begin
ming. / consider the status of such as
being similar to that of those living in
the United States of America at the
time of the formation of the govern
ment of the United States. -,
"But he was subject to the provis,
ions of Section 2 of the Act of March
9, 1907. When he shall have resided for
two years in foreign state or for five
years, it shall be presumed that he has
ceased TO be an American citizen and
the place of his abode shall be the for.
ei9n state in which he then resides, I'm.
less satisfactory evidence is shown to
the diplomatic official that he intends
to retain his naturalization citizenship;
but no citizen shall be allowed to ex-
patriate himself when his country is at
war" Is Nh. .r',.. - ..
The Judge shows that the petitioner
had his passport extended by the
American consular Office at Shanghai in
1915, and on this showing the jurist
srys he does not believe the Chinese
had any intention of expatriating him
self. .g' ~. g. ".
Co. --S<s----
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