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British Nationality Act 1948 Wiki2Web Clarity Challenge

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Study Guide: The British Nationality Act 1948: Context, Provisions, and Legacy

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The British Nationality Act 1948: Context, Provisions, and Legacy Study Guide

Foundational Aspects of the British Nationality Act 1948

The British Nationality Act 1948 fundamentally redefined British nationality law through the establishment of the status of 'Citizen of the United Kingdom and Colonies' (CUKC).

Answer: True

Explanation: The British Nationality Act 1948 established the 'Citizen of the United Kingdom and Colonies' (CUKC) as the singular national citizenship, thereby fundamentally redefining British nationality law.

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The long title of the British Nationality Act 1948 exclusively focused on citizenship of the United Kingdom, omitting any mention of colonial territories.

Answer: False

Explanation: The long title of the British Nationality Act 1948 explicitly included 'citizenship of the United Kingdom and Colonies,' indicating its comprehensive scope beyond just the United Kingdom.

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The British Nationality Act 1948 received Royal Assent and became effective on the same date, 30 July 1948.

Answer: False

Explanation: The British Nationality Act 1948 received Royal Assent on 30 July 1948 but came into effect on 1 January 1949, not on the same day.

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The territorial scope of the British Nationality Act 1948 was restricted to the United Kingdom and its immediate European territories.

Answer: False

Explanation: The territorial extent of the British Nationality Act 1948 covered the entire British Empire, not just the United Kingdom and its immediate European territories.

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The primary objective of the British Nationality Act 1948 was to establish distinct nationality laws for each British colony.

Answer: False

Explanation: The primary purpose of the British Nationality Act 1948 was to establish a *unified* citizenship status ('Citizen of the United Kingdom and Colonies') for the UK and its colonies, not separate laws for each colony.

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On what date did the British Nationality Act 1948 officially come into effect?

Answer: 1 January 1949

Explanation: The British Nationality Act 1948 officially came into effect on 1 January 1949.

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The long title of the British Nationality Act 1948 explicitly stated its purpose to make provision for:

Answer: British nationality and citizenship of the United Kingdom and Colonies.

Explanation: The long title of the British Nationality Act 1948 explicitly mentioned making provision for 'British nationality and for citizenship of the United Kingdom and Colonies'.

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The territorial scope of the British Nationality Act 1948 encompassed:

Answer: The entire British Empire.

Explanation: The territorial extent of the British Nationality Act 1948 covered the entire British Empire, including the United Kingdom and all its various colonies and territories.

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Historical and Political Context of the 1948 Act

The Canadian Citizenship Act of 1946 was a pivotal factor that compelled the UK to delineate its own distinct citizenship.

Answer: True

Explanation: The Canadian Citizenship Act 1946, by creating a separate Canadian citizenship, directly prompted the UK and other Commonwealth nations to define their own distinct citizenships, leading to the 1948 Act.

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The 1947 Commonwealth conference stipulated that all member states must adopt a common, unified citizenship status.

Answer: False

Explanation: The 1947 Commonwealth conference agreed that each member state was *free to legislate for its own citizenship*, not that they must adopt a common, unified status. These new citizenships would, however, retain elements of a common Commonwealth citizenship.

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Prior to the 1948 Act, nationals of the UK, Dominions, and colonies typically shared a common 'British subject' status.

Answer: True

Explanation: Before the British Nationality Act 1948, individuals from the UK, Dominions, and colonies generally held the common status of 'British subject,' signifying a shared allegiance.

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Following the 1947 Commonwealth conference, only the UK enacted new nationality legislation, while other nations postponed their reforms.

Answer: False

Explanation: Following the 1947 Commonwealth conference, other Commonwealth countries like Australia and New Zealand also passed similar nationality legislation around the same time as the UK, not delayed their reforms.

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The British Nationality Act 1948 was motivated by an ideological commitment to a definition of citizenship that encompassed both Britons and colonial subjects under a singular nationality.

Answer: True

Explanation: The British Nationality Act 1948 was indeed driven by a bipartisan ideological commitment to include both Britons and colonial subjects under the same nationality, aiming for a unified national identity.

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At the time of the 1948 Act's enactment, large-scale migration was not broadly foreseen, which influenced the Act's inclusive character.

Answer: True

Explanation: The political context at the time of the 1948 Act's passage was indeed one where large-scale migration was not widely anticipated, contributing to the Act's inclusive definition of citizenship.

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Which historical event primarily instigated the necessity for the British Nationality Act 1948?

Answer: The Canadian parliament's passage of the Canadian Citizenship Act in 1946

Explanation: The Canadian parliament's passage of the Canadian Citizenship Act in 1946, creating a separate Canadian citizenship, was the key factor prompting the UK to define its own distinct citizenship.

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What was the resolution of the 1947 Commonwealth conference concerning nationality and citizenship?

Answer: Each Commonwealth member state was free to legislate for its own citizenship.

Explanation: The 1947 Commonwealth conference concluded that each member state was free to legislate for its own citizenship, while retaining elements of a common Commonwealth citizenship.

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What ideological commitment underpinned the British Nationality Act 1948?

Answer: To define citizenship including both Britons and colonial subjects under the same nationality.

Explanation: The British Nationality Act 1948 was driven by a bipartisan ideological commitment to define citizenship inclusively, encompassing both Britons and colonial subjects under a single nationality.

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What was the prevailing political context in the UK concerning migration at the time of the British Nationality Act 1948's enactment?

Answer: Large-scale migration was not yet considered a significant possibility.

Explanation: At the time the 1948 Act was passed, large-scale migration was not widely anticipated, which influenced the Act's inclusive nature.

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Prior to the 1948 Act, what common citizenship status was shared by nationals of the UK, Dominions, and colonies?

Answer: British Subject

Explanation: Before the 1948 Act, nationals of the UK, Dominions, and colonies generally shared the common status of 'British subject'.

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Which of the following countries enacted similar nationality legislation concurrently with the UK's 1948 Act?

Answer: Australia (1948)

Explanation: Australia, with its Nationality and Citizenship Act 1948, was among the Commonwealth countries that passed similar nationality legislation around the same time as the UK.

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Key Provisions and Immediate Impact of the 1948 Act

The British Nationality Act 1948 introduced amendments to the Act of Settlement 1701.

Answer: True

Explanation: The British Nationality Act 1948 explicitly amended the Act of Settlement 1701 as part of its comprehensive reforms to nationality law.

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The Princess Sophia Naturalization Act 1705 was one of the legislative acts repealed by the British Nationality Act 1948.

Answer: True

Explanation: The British Nationality Act 1948 repealed several earlier acts, including the Princess Sophia Naturalization Act 1705, to consolidate nationality laws.

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The 'Citizen of the United Kingdom and Colonies' (CUKC) status functioned as the singular national citizenship for individuals linked to the UK and its colonial territories.

Answer: True

Explanation: The British Nationality Act 1948 established the CUKC status as the sole national citizenship for individuals associated with the UK and its colonial territories, consolidating previous statuses.

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The British Nationality Act 1948 marked the initial instance where married British women acquired independent nationality status.

Answer: True

Explanation: The British Nationality Act 1948 was indeed the first legislation to grant married British women independent nationality, severing the automatic link to their husband's citizenship.

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The status of 'Citizenship of the United Kingdom and Colonies' (CUKC) was exclusively acquirable by birth within the UK or its colonies.

Answer: False

Explanation: CUKC status could be acquired not only by birth or naturalisation in the UK or its colonies but also by descent from a CUKC or through registration.

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The British Nationality Act 1948 explicitly excluded residents of the Channel Islands and the Isle of Man from its nationality provisions.

Answer: False

Explanation: Article 33 of the British Nationality Act 1948 stipulated that references to colonies in the Act must be interpreted to include the Channel Islands and the Isle of Man, thus including their residents, not excluding them.

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The designation 'citizens of the United Kingdom, Islands and Colonies' established a distinct category of citizens for Islanders under the 1948 Act.

Answer: False

Explanation: The denomination 'citizens of the United Kingdom, Islands and Colonies' was merely a formal designation available to Islanders, not a separate category of citizens, indicating a unified status.

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The CUKC status sought to distinguish between residents of the British Isles and colonial subjects, thereby forging distinct national identities.

Answer: False

Explanation: The CUKC status aimed to *consolidate* British citizenship by placing colonial subjects on an equal footing with British Isles residents, fostering a unified national identity, not creating distinct ones.

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Which primary new citizenship status was established by the British Nationality Act 1948?

Answer: Citizen of the United Kingdom and Colonies

Explanation: The British Nationality Act 1948 established the 'Citizen of the United Kingdom and Colonies' (CUKC) as the singular national citizenship.

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Which prior legislative act was amended by the British Nationality Act 1948?

Answer: The Act of Settlement 1701

Explanation: The British Nationality Act 1948 amended the Act of Settlement 1701.

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Which of the subsequent acts was NOT repealed or revoked by the British Nationality Act 1948?

Answer: The British Nationality Act 1981

Explanation: The British Nationality Act 1981 was the legislation that eventually repealed most of the 1948 Act, and therefore was not repealed by it.

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In what manner did the British Nationality Act 1948 alter the nationality status of married British women?

Answer: They gained independent nationality for the first time.

Explanation: The British Nationality Act 1948 granted married British women independent nationality for the first time, detaching their status from their husband's citizenship.

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Which of the following methods was NOT a means to acquire 'Citizen of the United Kingdom and Colonies' (CUKC) status under the 1948 Act?

Answer: By direct appointment from the monarch

Explanation: Acquisition of CUKC status under the 1948 Act included birth or naturalisation in the UK or colonies, descent, or registration, but not direct appointment from the monarch.

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How did the British Nationality Act 1948 address the legal status of the Channel Islands and the Isle of Man?

Answer: References to colonies in the Act were interpreted to include these Islands.

Explanation: Article 33 of the British Nationality Act 1948 stipulated that references to colonies in the Act were to be interpreted to include the Channel Islands and the Isle of Man, ensuring their residents were covered.

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What was the significance of the 'Citizen of the United Kingdom and Colonies' (CUKC) status concerning colonial subjects?

Answer: It consolidated British citizenship by placing colonial subjects on an equal footing with British Isles residents.

Explanation: The CUKC status consolidated British citizenship by placing colonial subjects on an equal footing with British Isles residents, aiming for a unified national identity.

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Evolution of British Nationality Law (1962-1981)

The British Nationality Act 1948 was ultimately repealed by the British Nationality Act 1971.

Answer: False

Explanation: The British Nationality Act 1948 was eventually repealed by the British Nationality Act 1981, not the British Nationality Act 1971.

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Between 1962 and 1971, the UK's immigration policy became more permissive towards British subjects from other Commonwealth territories.

Answer: False

Explanation: Between 1962 and 1971, the UK's immigration policy actually tightened controls on immigration by British subjects from other parts of the Commonwealth, particularly from Asia and Africa, in response to public opposition.

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The Immigration Act 1971 introduced the concept of 'patriality,' which conferred upon all British subjects the right of abode in the UK.

Answer: False

Explanation: While the Immigration Act 1971 introduced 'patriality,' this concept restricted the 'right of abode' only to British subjects with sufficiently strong links to the British Islands, not all British subjects.

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The British Nationality Act 1981 became effective on 1 January 1983, superseding the majority of the 1948 Act.

Answer: True

Explanation: The British Nationality Act 1981 indeed came into effect on 1 January 1983, replacing most of the provisions of the 1948 Act and significantly reforming British nationality law.

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The British Nationality Act 1981 eliminated the requirement for individuals to possess the 'right of abode' in order to retain British citizenship.

Answer: False

Explanation: The British Nationality Act 1981 *introduced* the requirement for individuals to hold the 'right of abode' at its commencement date to retain British citizenship, rather than removing it.

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Describe the evolution of the UK's immigration policy between 1962 and 1971.

Answer: It tightened controls on immigration from other parts of the Commonwealth.

Explanation: Between 1962 and 1971, the UK's immigration policy tightened controls on British subjects from other Commonwealth parts, particularly from Asia and Africa, in response to public opposition.

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Which novel concept was introduced by the Immigration Act 1971?

Answer: Patriality

Explanation: The Immigration Act 1971 introduced the concept of 'patriality,' which significantly altered immigration rules for Commonwealth citizens.

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What were the implications of the concept of 'patriality' as defined by the Immigration Act 1971?

Answer: Only British subjects with strong links to the British Islands possessed the 'right of abode'.

Explanation: Under the Immigration Act 1971, 'patriality' meant that only British subjects with strong links to the British Islands possessed the 'right of abode,' allowing them to live and work freely in the UK.

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On what date did the British Nationality Act 1981, which superseded the majority of the 1948 Act, become effective?

Answer: 1 January 1983

Explanation: The British Nationality Act 1981 took effect on 1 January 1983, replacing most of the 1948 Act.

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Which additional requirement did the British Nationality Act 1981 impose for the retention of British citizenship?

Answer: Holding the 'right of abode' at the commencement date of the 1981 Act.

Explanation: The British Nationality Act 1981 introduced the requirement that individuals must hold the 'right of abode' at the Act's commencement date to retain British citizenship.

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The Enduring Legacy of Section 3 and Modern Relevance

Section 3 of the British Nationality Act 1948, which addresses extra-territorial jurisdiction, constitutes the sole significant provision remaining in force today.

Answer: True

Explanation: Section 3 of the British Nationality Act 1948, pertaining to extra-territorial jurisdiction, is indeed the only significant provision of the Act that remains legally operative.

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British criminal law generally extends to all actions committed overseas by British subjects.

Answer: False

Explanation: The general principle is that British criminal law does *not* apply to actions committed overseas, though specific exceptions exist, such as murder.

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Section 3 of the 1948 Act initially limited extra-territorial jurisdiction to Citizens of the United Kingdom and Colonies (CUKCs).

Answer: True

Explanation: Section 3 of the British Nationality Act 1948 initially restricted extra-territorial jurisdiction to CUKCs, as stated in the source.

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The practical implication of Section 3's restriction was to permit Canadian citizens who committed murder in Canada to be prosecuted in British courts.

Answer: False

Explanation: The practical implication of Section 3's restriction was to *prevent* Canadian citizens who committed murder in Canada from being prosecuted in British courts, aligning jurisdiction with distinct national citizenships.

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Section 3 of the British Nationality Act 1948 underwent modification by Section 51 of the British Nationality Act 1981.

Answer: True

Explanation: Section 3 of the British Nationality Act 1948 was indeed modified by Section 51 of the British Nationality Act 1981 to update the categories of individuals covered by extra-territorial jurisdiction.

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As amended, Section 3 now limits extra-territorial jurisdiction exclusively to British citizens and British Overseas Territories citizens.

Answer: False

Explanation: As modified, Section 3 restricts extra-territorial jurisdiction to British citizens, British Overseas Territories citizens, British Overseas citizens, *and* British Nationals (Overseas), not just the first two categories.

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Section 3 of the 1948 Act is an absolute provision, immune to being overridden by subsequent legislation.

Answer: False

Explanation: Section 3 of the 1948 Act is not absolute; it is subject to subsequent legislation that may have a different effect, such as Section 72 of the Sexual Offences Act 2003.

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Many original provisions of the British Nationality Act 1948 remain pertinent today, as the current nationality status for individuals born before 1983 frequently relies on their status under the 1948 Act.

Answer: True

Explanation: For individuals born before 1983, their current British nationality status often depends on their status under the 1948 Act, making many of its original provisions still relevant despite its partial repeal.

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The British Nationality Act 1948 is presently fully repealed and possesses no legal standing.

Answer: False

Explanation: The British Nationality Act 1948 is partially repealed, meaning some parts remain legally active, and it does hold legal status for determining the nationality of individuals born before 1983.

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Which is the sole significant provision of the British Nationality Act 1948 that continues to be legally operative today?

Answer: Section 3, concerning extra-territorial jurisdiction of criminal courts.

Explanation: Section 3 of the British Nationality Act 1948, concerning the extra-territorial jurisdiction of criminal courts, is the only significant provision that remains in force today.

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What is the overarching principle concerning British criminal law and offenses committed overseas?

Answer: British criminal law generally does not apply to actions committed overseas.

Explanation: The general principle is that British criminal law typically does not apply to actions committed overseas, though specific exceptions exist.

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In what manner was Section 3 of the British Nationality Act 1948 modified by the British Nationality Act 1981?

Answer: It was modified by Section 51 to update the categories of individuals covered.

Explanation: Section 3 of the British Nationality Act 1948 was modified by Section 51 of the British Nationality Act 1981, updating the categories of individuals to whom extra-territorial jurisdiction applies.

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As modified, to which specific categories of British nationality does Section 3 now limit extra-territorial jurisdiction?

Answer: British citizens, British Overseas Territories citizens, British Overseas citizens, and British Nationals (Overseas).

Explanation: As modified, Section 3 restricts extra-territorial jurisdiction to British citizens, British Overseas Territories citizens, British Overseas citizens, and British Nationals (Overseas).

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Despite its repeal, why do many original provisions of the British Nationality Act 1948 retain contemporary relevance?

Answer: The acquisition of new British nationality categories for those born before 1983 often depends on their status under the 1948 Act.

Explanation: Many original provisions of the 1948 Act remain relevant because the acquisition of new British nationality categories for those born before 1983 often depends on their status under the 1948 Act.

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According to the provided information, what was the legal status of the British Nationality Act 1948?

Answer: Partially repealed

Explanation: As of the provided information, the British Nationality Act 1948 is partially repealed, meaning some parts remain legally active.

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Using the example of a Canadian citizen, what was the practical implication of Section 3's initial restriction on extra-territorial jurisdiction?

Answer: It prevented Canadian citizens from being prosecuted in British courts for crimes committed in Canada.

Explanation: The practical implication was to prevent Canadian citizens who committed murder in Canada from being prosecuted in British courts, ensuring jurisdiction aligned with distinct national citizenships.

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Ancillary Information and Identification

The British Nationality Act 1948 was introduced by a Conservative government.

Answer: False

Explanation: The British Nationality Act 1948 was introduced by a Labour government, not a Conservative government.

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The infobox of the British Nationality Act 1948 article features the Coat of Arms of the United Kingdom from the period 1952-present.

Answer: False

Explanation: The infobox displays the Coat of Arms of the United Kingdom used between 1901 and 1952, not the version from 1952-present.

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Which political party held power during the introduction of the British Nationality Act 1948?

Answer: Labour

Explanation: The British Nationality Act 1948 was introduced by a Labour government.

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Which emblem is featured in the infobox of the British Nationality Act 1948 article?

Answer: The Coat of arms of the United Kingdom used between 1901 and 1952

Explanation: The infobox displays the Coat of Arms of the United Kingdom, specifically the version used between 1901 and 1952.

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