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Article 12 of the Nationality Act of the PRC contains the
provision: "Members of the civil service and active members of the military forces may not renounce Chinese nationality". Section 176 of the Chinese Penal Code also states that "anyone
secretly crossing the national frontier in contravention of laws
and regulations governing departure from and entry into national territory will be punished in serious cases with imprisonment, detention or surveillance of up to one year". (Unlawful flight from the Republic).
According to the Chinese Ministry of Foreign Affairs, these regulations do not modify the terms of Article 9 of the Nationality Act of the PRC, which state that acquisition of a foreign nationality and permanent residence abroad automatically lead to the loss of Chinese nationality. The American Embassy
here in Peking considers it possible, on the other hand, that the PRC continues to regard the people mentioned in Article 12 of its
Nationality Act as Chinese despite acquisition of a foreign
nationality. But no concrete cases were known.
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