The What's The Difference Act

[Hooligan]

With a prospective citizen coming to us from Taiwan (a nation that we officially recognize by statutory law 28RZ28), a lurking problem in our laws has been discovered, which might wrongfully forbid a Taiwanese person from seeking citizenship in our Kingdom. The act proposed below is intended to rectify the situation, and clarify our laws on micronational citizenship. A discussion has taken place on whether the provisions of this proposal should be declared as a Prime Dictate by Sir Sam, so that we do not need to wait until the end of the First Clark of the next Cosâ -- a wait that might affect the application for citizenship that has been received from Taiwan. The act is written and offered here in the Hopper, however, so that it can be commented upon and perfected by the nation.

The What's The Difference Act

WHEREAS the legal description of a micronation is an important thing to get right, since we have a bunch of laws concerning the relationship of our government and its citizens with micronations, and

WHEREAS the said legal description is lacking, since citizens of nations recognized by the Kingdom of Talossa (such as Taiwan) may be said to be micronationalists, according to some of our laws, and therefore ineligible for citizenship, and

WHEREAS we think we have a good way to distinguish micronations from non-micronations (the citizens of which are of course always welcome to apply for citizenship in the Kingdom of Talossa), and

WHEREAS one of our laws (23RZ35) indicates that citizenship in a micronation is treason, but then a later law (24RZ11) indicates that such citizenship is not a criminal act, but simply constitutes renunciation of citizenship in the Kingdom, but then this second law would seem to be inorganic, so maybe that means micronational citizenship is still treason, but then yet another of our laws (29RZ10) indicates that treason is currently undefined and therefore unpunishable and establishes a commission to legally define treason, but that commission either never met or never concluded its activity, so as it stands any prosecutions under 23RZ35 would seem to be impossible anyway, and

WHEREAS all of this makes for a big mess, and

WHEREAS big messes should be cleaned up, now

THEREFORE be it resolved that

1. The Dual Citizenships Act (23RZ35) is hereby repealed.

2. The No Dual Citizenships in Fake Countries Act (24RZ11) is hereby repealed.

3. The Micronation Definition Act (25RZ2) is hereby repealed.

4. The Put Up or Shut Up Mark II Act (29RZ10) is hereby repealed.

5. A micronation is hereby legally defined to be any society of persons (whether claiming territorial sovereignty or not) that
     a. claims a governmental organization and citizenry and
     b. is not a member of the United Nations and
     c. is not a member of the Unrepresented Nations and Peoples Organization and
     d. is not officially recognized by the Kingdom of Talossa.

6. It is a criminal act for any Talossan citizen to seek, accept, or hold citizenship in a micronation. The penalty for committing such a crime shall be the revocation of Talossan citizenship. The Attorney-General, on being informed of any alleged violation of this act, and upon verifying the same to his personal and legal satisfaction, shall immediately notify the accused that the government has determined that valid cause exists for a criminal case to be brought against the citizen in the Uppermost Cort. After providing this notification, the Attorney-General shall allow ten days for the accused to dissolve any and all allegiance to the micronation, or to organize a defence against the charge. If, after this ten day period, the Attorney-General determines that the criminal act yet continues, he shall immediately file criminal charges against the accused with the Uppermost Cort and there shall seek the prescribed penalty for the violation of this act. If after this ten day period, the Attorney-General determines that the criminal activity has permanently ceased, he shall not file the considered charges, and the accused shall continue as a fully privileged citizen of the Kingdom.

7. The Semi-Permeable Wall Act (25RZ50), ending and forbidding governmental relationships with micronations, shall remain unamended. It shall be understood that the word "micronation" as used in that legislation shall be meant to be the legal definition accorded that term by clause 5 of this act, or as modified by subsequent legislation.

Uréu q'estadra så:
Mà Barôn Tepistà (Senator, Cézembre) (MC, RUMP)

[King John]

This is very good, and long overdue. There's a problem, though, (I think) with the Organicity of point 6 (and with 24RZ11, when it comes to that). The Organic Law contemplates someone's renouncing Talossan citizenship in these terms:

Talossan citizenship can only be lost by a citizen's voluntary renunciation of citizenship, or as punishment for a crime determined by the Uppermost Cort. (Article XIX, 16th Covenant)

and

Talossans may voluntarily renounce their own citizenship. This may be done by publicly issuing a written Declaration of Renunciation. (Article XVIII, Section 9)

Taken together, these would seem to say that we cannot, by legislation, decide that some other act (besides voluntary public written renunciation) constitutes a renunciation of citizenship.

We can (if we want to) make micronational citizenship a crime, and punish it by stripping the micronationalist of his Talossan citizenship. But simply being a citizen of a micronation isn't a public written declaration of anything, and we shouldn't make laws stating that it is.

— John Woolley, UrN, Chancellor of the Bar

[Hooligan]

The esteemed Chancellor of the Bar makes an excellent legal observation. (And here we all thought he really was only good at the other kind of bar.)

Point 6 of the draft act has been revised to bring it in line with Organic Law.

With gratitude,
Hooligan

[Hooligan]

This act has spent well over a month here in the Hopper, and it seems to hold water. If there are no objections, it is my intention to request that the Acting Secretary of State schedule this bill for consideration by the first Clark of the next Cosâ.

Anyone with comments on this draft act, please bring them forward at this time.

Hooligan

[Prince Patrick]

Good.

[Hooligan]

S:reu Secretary of State --

Please include this bill for consideration in the upcoming Clark. I have modified my standing in the prayer that it be so, because in the time since first drafting this bill I have switched houses of the Ziu.

Thank you,
Hooligan
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