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IP Treaties Collection

Contracting Parties Convention relating to the Status of Stateless Persons United Kingdom

Dates Signature: September 28, 1954 Ratification: April 16, 1959 Entry into force: June 6, 1960

Declarations, Reservations

Commentary: "In connexion with sub-paragraph (b) of paragraph 1 of Article 24 which relates to certain matters within the scope of the National Health Service, the National Health Service (Amendment) Act 1949 contains powers for charges to be made to persons not ordinarily resident in Great Britain (which category would include some stateless persons) who receive treatment under the Service. These powers have not yet been exercised but it may be necessary to exercise them at some future date. In Northern Ireland the Health Services are restricted to persons ordinarily resident in the country except where regulations are made to extend the Services to others. For these reasons, the Government of the United Kingdom, while prepared in the future, as in the past, to give the most sympathetic consideration to the situation of stateless persons, find it necessary to make reservation to sub-paragraph (b) of Article 24.
No arrangements exist in the United Kingdom for the administrative assistance for which provision is made in Article 25 nor have any such arrangements been found necessary in the case of stateless persons. Any need for the documents or certifications mentioned in paragraph 2 of that Article would be met by affidavit."

Reservations made upon ratification:
"When ratifying the Convention relating to the Status of Stateless Persons which was opened for signature at New York on September 28, 1954, the Government of the United Kingdom have deemed it necessary to make certain reservations in accordance with paragraph 1 of Article 38 thereof the text of which is reproduced below:
(1) The Government of the United Kingdom of Great Britain and Northern Ireland understand Articles 8 and 9 as not preventing them from taking in time of war or other grave and exceptional circumstances measures in the interests of national security in the case of a stateless person on the ground of his former nationality. The provisions of Article 8 shall not prevent the Government of the United Kingdom of Great Britain and Northern Ireland from exercising any rights over property or interests which they may acquire or have acquired as an Allied or Associated Power under a Treaty of Peace or other agreement or arrangement for the restoration of peace which has been or may be completed as a result of the Second World War. Furthermore, the provisions of Article 8 shall not affect the treatment to be accorded to any property or interests which at the date of entry into force of this Convention for the United Kingdom of Great Britain and Northern Ireland are under the control of the Government of the United Kingdom of Great Britain and Northern Ireland by reason of a state of war which exists or existed between them and any other State.
(2) The Government of the United Kingdom of Great Britain and Northern Ireland, in respect of such of the matters referred to in sub-paragraph (b) of paragraph 1 of Article 24 as fall within the scope of the National Health Service, can only undertake to apply the provisions of that paragraph so far as the law allows.
(3) The Government of the United Kingdom of Great Britain and Northern Ireland cannot undertake to give effect to the obligations contained in paragraphs 1 and 2 of Article 25 and can only undertake to apply the provisions of paragraph 3 so far as the law allows."

Declaration made upon ratification:
"I have the honour further to state that the Government of the United Kingdom deposit the present instrument of ratification on the understanding that the combined effects of articles 36 and 38 permit them to include in any declaration or notification made under paragraph 1 of article 36 or paragraph 2 of article 36 respectively any reservation consistent with article 38 which the Government of the territory concerned might desire to make."

 
Territorial Information

Declarations made upon notification of territorial application:
Federation of Rhodesia and Nyasaland
[Same reservations, in essence, as those made for the Channel Islands and the Isle of Man, under No. (iii).]
British Guiana, British Solomon Islands Protectorate, Falkland Islands, Gambia, Gilbert and Ellice Islands, Kenya, Mauritius
[Same reservations, in essence, as those made for the Channel Islands and the Isle of Man, under Nos. (i) and (iii)].
British Honduras, Hong Kong
[Same reservations, in essence, as those made for the Channel Islands and the Isle of Man, under Nos. (i) and (iii).]
North Borneo
[Same reservations, in essence, as those made for the Channel Islands and the Isle of Man.]
Fiji
"(i) The Government of the United Kingdom of Great Britain and Northern Ireland understand articles 8 and 9 as not preventing the taking in Fiji, in time of war or other grave and exceptional circumstances, of measures in the interests of national security in the case of a stateless person on the ground of his former nationality.
(ii) The Government of the United Kingdom of Great Britain and Northern Ireland, in respect of the provisions of sub-paragraph (b) of paragraph 1 of article 24, can only undertake that effect will be given in Fiji to the provisions of that paragraph so far as the law allows.
(iii) The Government of the United Kingdom of Great Britain and Northern Ireland cannot undertake that effect will be given in Fiji to paragraphs 1 and 2 of article 25 and can only undertake that the provisions of paragraph 3 will be applied in Fiji so far as the law allows."
The State of Singapore
"(i) The Government of the United Kingdom of Great Britain and Northern Ireland cannot undertake that effect will be given in the State of Singapore to article 23."
The West Indies
"(i) The Government of the United Kingdom of Great Britain and Northern Ireland cannot undertake that effect will be given in the West Indies to articles 8, 9, 23, 24, 25, 26 and 31."

Declarations made upon notification of territorial application:
Channel Islands and Isle of Man
"(i) The Government of the United Kingdom of Great Britain and Northern Ireland understand Articles 8 and 9 as not preventing the taking in the Isle of Man and in the Channel Islands, in time of war or other grave and exceptional circumstances, of measures in the interests of national security in the case of a stateless person on the ground of his former nationality. The provisions of Article 8 shall not prevent the Government of the United Kingdom of Great Britain and Northern Ireland from exercising any rights over property or interests which they may acquire or have acquired as an Allied or Associated Power under a Treaty of Peace or other agreement or arrangement for the restoration of peace which has been or may be completed as a result of the Second World War. Furthermore, the provisions of Article 8 shall not affect the treatment to be accorded to any property or interests which, at the date of entry into force of this Convention for the Isle of Man and the Channel Islands, are under the control of the Government of the United Kingdom of Great Britain and Northern Ireland by reason of a state of war which exists or existed between them and any other State.
(ii) The Government of the United Kingdom of Great Britain and Northern Ireland can only undertake that the provisions of sub-paragraph (b) of paragraph 1 of Article 24 and of paragraph 2 of that Article will be applied in the Channel Islands so far as the law allows, and that the provisions of that sub-paragraph, in respect of such matters referred to therein as fall within the scope of the Isle of Man Health Service, will be applied in the Isle of Man so far as the law allows.
(iii) The Government of the United Kingdom of Great Britain and Northern Ireland cannot undertake that effect will be given in the Isle of Man and the Channel Islands to paragraphs 1 and 2 of Article 25 and can only undertake that the provisions of paragraph 3 will be applied in the Isle of Man and the Channel Islands so far as the law allows."
High Commission Territories of Basutoland, Bechuanaland Protectorate and Souaziland
[Same reservations, in essence, as those made for the Channel Islands and the Isle of Man, under Nos. (i) and (iii).]

Territorial application:
Date of receipt of the notification - Territories
April 14, 1959 - Channel Islands and Isle of Man
December 7, 1959 - High Commission Territories of Basutoland, Bechuanaland Protectorate and Swaziland
December 9, 1959 - Federation of Rhodesia and Nyasaland
March 19, 1962 - Bermuda, British Guiana, British Honduras, British Solomon Islands Protectorate, British Virgin Islands, Colony of Aden, Falkland Islands (Malvinas), Fiji, Gambia, Gilbert and Ellice Islands, Hong Kong, Kenya, Malta, Mauritius, North Borneo, North Borneo, St. Helena, Sarawak, Seychelles, State of Singapore, Uganda, West Indies and Zanzibar

 


Act(s) Article(s) Signature Instrument Entry into Force