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Article 13, which provides that aliens who formerly held Chinese nationality may
apply for restoration of Chinese nationality;
13. The combined effect of Article 3 on non-recognition of dual nationality and Article 9 is to confirm that the PRC does not seek to exercise any rights or responsibilities in respect of persons of Chinese descent who are "settled" abroad and who hold another nationality. The Law does not define the term "settled". The effect of Articles 7(1) and 13 is, however, to confer certain preferential qualifications on Overseas Chinese (ie persons who have Chinese nationals as close relatives or who were formerly Chinese nationals them- selves) should they wish to apply for Chinese nationality.
14. The Law leaves some obscurities unresolved. For example it is not clear how the PRC Government would regard a person of Chinese descent who acquired foreign nationality involuntarily, as a result of action on the part of the host country's govern- ment, before the enactment of the Law; there appears to be a contradiction between the effect in such a case of the provision in Article 17 that the nationality status of such a person would remain valid and the implication in Article 9 that loss of Chinese nationality is only automatic as a consequence of voluntary assumption of foreign nationality.
15. The commentary published in Peking Review said that the PRC Government continues to oppose any attempts to compel Overseas Chinese to adopt another nationality. It also referred to the PRC's continuing responsibility to intervene with other governments when necessary to protect the legal rights and interests of Chinese nationals abroad. The possibility remains that disputes could arise from time to time about the nationality status of individuals or groups of persons of Chinese descent resident abroad and hence about the entitlement of the PRC Government to intervene on their behalf.
Residents of Taiwan, Hong Kong and Macao
16. In keeping with the formal Chinese position that Taiwan, Hong Kong and Macao form part of the PRC, statements by PRC spokesmen refer to residents of Chinese race in these territories as "compatriots". The Nationality Law, however, makes no mention of residents of these territories. It would be consistent with its formal position for the PRC to claim that residents of Chinese race in all these territories have PRC nationality. However, it is not clear whether the PRC intends in practice to maintain this claim in respect of persons of Chinese descent in Hong Kong and Macao who have adopted British, Portuguese or any other foreign nationality.
/Power of the Chinese Government under the Nationality
CONFIDENTIAL
Law