the Chinese cannot be taken for
granted as non-existent.94
If the
Indonesian case has signified anything, it
official state consent ought to be obtained.
signifies that a formal
Through the discussion presented above, it is demonstrated that jus
sanguinis and state consent have been adapted and tested throughout
contemporary history of China. Dual nationality has caused various
political problems for various parties concerned. Yet, for political
purposes, China has consistently applied these two legal principles in
her nationality law, either implicitly or explicitly. In the preset
situation of Hong Kong, these two legal principles can explain the PRC's
position of non-recognition for Chinese British subjects even without
taking into the consideration of the political implication of a colony,
discussed in the political perspective section in this paper.
these Chinese British subjects are born to Chinese, by virtue of jus
sanguinis. Secondly, the naturalization of Chinese in Hong Kong has not
been recognized formally and officially by any individual. Even if a
Hong Kong individual did apply for such consent, a state consent
certificate would not be issued because of Hong Kong's colonial status.
Firstly,
Furthermore, speaking from a legal point of view, Chinese Communist
perspective above nationality law is well matched with Chinese
traditional attitudes towards naturalization. Firstly, Chinese
Communists believe in collectivism in nationality law, a law to protect
the national interest of all, not from the protection of any individual
Traditionally, China which has been SO against foreign
naturalization of her nationals, has also believed in collectivism, as
discussed in the historical perspective section in this paper.
interest.
Secondly, traditionally, China has no written legal code within a
nationality setting, instead it is coded in moral, social and ethnic
principles. The nationality law, the law they do have, is artificially
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