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I have discured with its lares RD (FE).
This is an important more
in that it is the foot such Nationality Land adopted by the PR.C. RD with do a Note on
A R Paul Esq
FED
FCO
Dear Cand вал
PRC NATIONALITY IA W
1.
lication
+) 17% Mr Danes (120)
Сс
British Embassy
PEKING
2 October, 1980
Useful comment. Para 4 is important.
Research Dept (FE)
HKG SEAD.
NTRY
Me Walker (Cabinet office)
ара *pa m 14/10
The text of the Nationality Law adopted by the National People's Congress on 10 September was published in the People's Daily on 16 September. An unofficial translation, a copy of which is attached, has been circulated to embassies by the New China News Agency.
2.
The text is simple and straightforward and follows the "jus sanguinis" principle already applied in practice, ie that nationality is acquired at birth through descent/from either parent irrespective of the place of birth, with supplementary provision that Chinese nationality can be acquired by persons born in China to stateless parents or parents of uncertain nationality. Acquisition of nationality is open to all on application (with separate provision for restoration of nationality to former nationals) and renunciation to all but state functionaries and army men on active service.
3. Dual nationality is not recognized. A Chinese national settled abroad, therefore, automatically loses Chinese nationality on acquisition of foreign nationality provided this acquisition is "of his own free will". This would presumably give the PRC government a handle to intervene on behalf of Chinese residing abroad if they were to claim, as for example in the case of certain of the Vietnamese "Hoa people" that they had been pressurized intoadopting a foreign nationality. Chinese resident abroad can if they wish maintain Chinese nationality indefinitely through the generations provided they avoid registering their offspring as nationals of their countries of residence. (Unless, as in the case of for example the USA, foreign nationality is acquired authomatically at birth.) Although press commentary on the law has repeated the Chinese Government's appeal to Chinese abroad to adopt the nationality of their country of residence, this is nowhere mentioned in the law.
4.
By the same token, however, the notion that persons of Chinese, or particularly Han, race maintain a link with China whatever their nationality also does not figure in the text. But again, NCNA, commenting on the text, have pointed out that nationality can be restored to "Chinese residing abroad" (the text of Article 13 refers rather to "Aliens who were once of Chinese nationality") if they return
Whilst therefore to China (para 3(ii) of our telno 551 not to all).
the text remains neutral on the questions of Chinese involvement with Han populations in surrounding states it will be capable, as have most
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