British Citizen-error

[cabaret96@xxxxxxxxxxx]

Dear Neil McDougall,

My apologies for the stupid error which reversed my statement . Yes , it 
should read " it does not mean she IS a British citizen " instead of "it 
does mean she IS a British citizen "

Yedanar Nat Mai was one of Ne Win's wives who happens to be a foreigner.

SC (96)

________________________

>Date: Sun, 22 Nov 1998 18:57:37 -0800
>From: Neil McDougall <xlo39@xxxxxxxxxxxxxx>
>To: S cabaret <cabaret96@xxxxxxxxxxx>
>Subject: Re: British Citizen
>
>Thanks for your message. I also would like to see this matter cleared 
up 
>once and for all. Once the claim has been proved false, it can 
>immediately be rejected any time it crops up again.
>
>Did you post your message on BurmaNet? Also, did you miss out an 
>important 'not' in 'it does mean She IS' below?
>
>I don't know anything about Ne Win marrying Yedanar Nat Mai. Is it 
>relevant?
>
>
>
>S cabaret wrote:
>> 
>> In reference to Neil McDougall's question , I think it is about time
>> this matter is cleared up once and for all. This issue remains one of
>> the straws the SLORC/SPDC clutches  at whenever they run out of
>> disinformation and lame excuses.
>> 
>>  Although I am not a Burmese constitutional lawyer, the meaning of 
the
>> "clause" to me, a layperson, reads quite simply . The only argument , 
if
>> there is one , is the citizenship of Aung San Suu Kyi. Just because 
she
>> is married to a British subject and has a "right to become a British
>> citizen" , it does mean She IS a  British citizen automatically, and
>> even then, I understand she opted to hold on to her Burmese passport 
and
>> citizenship despite spending many years in a foreign country.
>> 
>> To go back to the "clause"- (which may or may not be totally 
accurate)
>> 
>> Quote-
>> >clause which defines that"any person who is under any 
acknowledgement
>> >of  allegiance or adherence to a foreign power, or is a subject or
>> >citizen  is entitled to the rights and privileges of a subject or
>> >citizen of a foreign  power."
>> >Thus she is not entitled the eligibility to contest for  a  seat in
>> >the country's elections. Ms. Suu Kyi resided abroad for twenty - 
>>eight
>> years and married an Englishman (Giving her the rights to U.K. >
>> citizenship) and has  2 children both holding British >citizenships.
>> Unquote.
>> 
>> I.
>> The phrase "allegiance or adherence to a foreign power" rests on the 
key
>> word "allegiance" , which according to  Webster's Third New
>> International Dictionary is defined as follows.
>> 
>> Allegience
>>            1- the duty of fidelity owed by a subject or citizen to  
his
>> sovereign or government
>>            2- the obligation of an alien to the government under 
which
>> he resides.
>> 
>> If a person were not a citizen or subject then the second meaning
>> applies , and this is further clarified  by the extended meanings  -
>> 
>>     2a - Natural allegience - the allegience  owed to his country by 
a
>> natural born native, subject or citizen
>> 
>>     2b -Local allegience - allegience  due to the  government of a 
state
>> in which an alien temporarily resides
>> 
>> The second part is again interpreted as the duties and obligations to
>> the rules and laws by a person  when he resides in a foreign country 
and
>> does not imply working for, or being influenced by, or even being
>> connected in anyway whatsoever to the "power" i.e. the government of 
the
>> said country.
>> 
>> II. The phrase "subject or citizen" is quite straightforward and if a
>> person is a citizen or a naturalised citizen, there is hardly any
>> question about the said person's status .
>> 
>> III. "The rights and privileges of a subject or citizen " are those
>> rights and privileges of a citizen, which  would not apply to
>> non-citizens. The person may however still reside in a foreign 
country
>> either as - a short or long term social visitor , a dependent to a
>> person holding an employment permit or a citizen or  a student , and
>> still enjoy the social living privileges of all other persons 
residing
>> in that country, without the need or requirement to be subjugated or
>> coerced to be influenced by the government or power of that country.
>> 
>> Of course, every one knows all this, but since it keeps popping up it
>> should be clarified and I would still like to know the legal
>> interpretation of the above quoted clause.
>> 
>> The onus of this whole matter lies on the SPDC to establish once and 
for
>> all that the person they accuse, is a citizen of the United Kingdom 
and
>> has denounced her Burmese citizenship. Then , this clause would
>> certainly apply.
>> 
>> All this , of course keeps leading back to Ne Win marrying Yedanar 
Nat
>> Mai while he was the Head of Government and the reason they parted 
ways
>> was not because of this clause. She got too smart and dumped him.
>> 
>> SC(96)
>> 
>> -------------------------------
>> >Date: Sat, 21 Nov 1998 06:28:39 -0800
>> >From: Neil McDougall <xlo39@xxxxxxxxxxxxxx>
>> >Message-Id: <3.0.2.32.19981121161548.03d0a684@xxxxxxxxxxxxxxx>
>> >Mime-Version: 1.0
>> >Precedence: bulk
>> >Sender: owner-burmanet-l@xxxxxxx
>> >Subject: Re: Political  Situation  of  Myanmar  and  Its  Role in 
the
>> Region
>> >To: burmanet-l@xxxxxxx
>> >X-Mailer: QUALCOMM Windows Eudora Pro Version 3.0.2 (32)
>> >X-Sender: strider@xxxxxxxxxxxxxxx
>> >
>> >Is there any truth to this suggestion that Aung San Suu Kyi is
>> >constitutionally barred from running for election, or is it just
>> another
>> >piece of government misinformation? Any Burmese constitutional 
lawyers
>> >out there?
>> >
>> >
>> >
>> >MYANPERSP@xxxxxxx wrote:
>> >>
>> >> (Part I )
>> >> To: burmanet-l@xxxxxxxxxxx
>> >> X-Mailer: QUALCOMM Windows Eudora Pro Version 3.0.2 (32)
>> >> X-Sender: strider@xxxxxxxxxxxxxxx
>> >>
>> >>                 Political  Situation  of  Myanmar  and  Its  Role 
in
>> the
>> >Region (Part I )
>> >
>> >
>> >
>> >> 11. Practising Universal Rules In The Protection Of National 
Security
>> And
>> >> Interest
>> >> More specifically and importantly what most people do not realize 
is
>> that in
>> >> many instances Ms. Suu Kyi is erroneously being referred as an
>> elected
>> >person
>> >> or in some instances as an  elected president. Ms. Suu Kyi never
>> stood
>> >for the
>> >> election because she was not eligible to contest for  a  seat in 
the
>> >country's
>> >> elections. It was not this present military government or the
>> previous
>> >> socialist government that refused Ms. Suu Kyi the right to stand 
for
>> >elections
>> >> but ironically it was her own father, Myanmar national hero 
General
>> Aung
>> >San,
>> >> who wrote into the original constitution, subsequently promulgated 
in
>> >1948, a
>> >> clause which defines that "any person who is under any
>> acknowledgement of
>> >> allegiance or adherence to a foreign power, or is a subject or
>> citizen  is
>> >> entitled to the rights and privileges of a subject or citizen of a
>> foreign
>> >> power." Thus she is not entitled the eligibility to contest for  a
>> seat in
>> >> the country's elections. Ms. Suu Kyi resided abroad for twenty -
>> eight years
>> >> and married an Englishman (Giving her the rights to U.K. 
citizenship)
>> and
>> >has
>> >> 2 children both holding British citizenships. This present 
military
>> >government
>> >> has as all the previous successive Myanmar Governments to continue 
in
>> >> honouring this clause and the present national convention has also
>> committed
>> >> itself to continue in honouring the said clause. This  type of
>> >constitutional
>> >> condition is implemented by many  governments including those of
>> developed
>> >> nations. It is quite understandable that the Governments do not 
wish
>> to have
>> >> someone in office who could be unduly influenced by any other 
nation
>> or
>> >power.
>> >> As a preventive measure certain rules and regulations to serve as 
a
>> >mechanism
>> >> in protecting the national security as well as the national 
interest
>> of
>> >> respective countries are universally practised.
>> >>
>> >
>> >
>> >
>> 
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>
>


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