historical roots.
Historically. China has severe laws preventing her nationals from
migrating abroad. This occurred not only during the Ching Dynasty, but
35
can be traced back over 1000 years. The law stated that a severe
punishment would be imposed on those who returned from abroad; during
the early Ching era,
punishment would even be
capital
absence of several decades.
36
punishment applied. Very often, the
applicable to those who returned from an
This law became inactive only after China's
open door policy was forced upon her after the Opium War of 1842, when
China was defeated by the U.K. (Britain had pressured China to allow her
nationals the right of emigration because of the need for laborers in
British colonies.)
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Between 1842 and 1907,
W
nationals as still very bitter,
China's attitude towards her migrated
even though she was helpless to resist
pressure from Western Powers. The bitterness was shown in many ways;
some returned Chinese were persecuted or threatened after they came
back. She was also unwilling to extend protection to cooliers in
Southeast Asia or in America when they were badly discriminated
38
against
abroad. Many of her high officials had pressed for a change of law to
protect her nationals abroad. The first Chinese nationality law was
established only after tremendous pressure built up on both the domestic
and
foreign front, by high-ranking diplomats and overseas Chinese with
an immediate need for a nationality law to counter the Dutch attempt to
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40
naturalize all Overseas Chinese in Indonesia. The first nationality
law was passed in 1909 after 70 years of intercourse with the outside
world and it was enacted only after at least four decades of pressure.
It was long overdue: this delay had damaged the Ching regime. The
passive attitude towards emigration of her nationals, the lack of a
nationality law, and her response to the mistreatment of coolies and
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