Sukarno. But this negotiation demonstrates only that she
is ready to
negotiate in particular cases, not ready to abandon the general
principle of jus sanguinis.
The Communist's position is even clearer on a second major legal
principle upheld strongly in Chinese nationality law throughout history.
The PRC has not included the clause of seeking state consent as
condition for any Chinese
nationality law enacted in 1979. Yet it does not mean that she would,
who wishes to be denaturalized under her
or has, accepted the denaturalization of Chinese,
especially in
Southeast Asia. The way they demonstrated this in the mid-1950's in her
negotiation with Indonesia over the issue of dual nationality
demonstrates that they are willing to talk "state consent" in a package
rather than to ignore it completely which their predecessors
deal,
done in
had
nationality laws of 1909 and 1918. The "package deal" did not
occur to Ching and the Kuomintang. The law of Ching and the Kuomintang
required that whoever sought denaturalization must obtain state consent
issued by an appropriate minister, or it would not be recogni
nized.
92
by any ethnic Chinese who
this request was dropped
One source indicates, that in the negotiations with Indonesia over
the settlement of Dual Nationality, the PRC had been insisting that a
certificate of denaturalization ought to be obtained from the Chinese
Embassy or Consulate office in Indonesia,
desired to get Indonesian nationality. But
after the strong opposition from Indonesia, the source reported. This
shows the PRC is willing to give up a state consent clause for
individual case only, but not the state consent clause itself.
93
In fact,
Madam Ho Hsien Nee, pointed out that the Sino-Indonesian Treaty set up a
model for future negotiation for my countries which desire to settle
nationality with China. Ho's statement indicates that without a
formal treaty form of state consent, the problem of dual nationality for
dual
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