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people who have emigrated and who have acquired foreign nationality by having fulfilled the residence requirement, will automatically lose Chinese nationality. Another provision of the CNL states that "(A)liens who were once of Chinese nationality may apply for restoration of Chinese nationality provided that they have legitimate reasons; those whose applications for restoration of Chinese nationality are approved shall not retain foreign nationality."
4.
Hong Kong has always been part of China and residence here cannot be regarded as "settlement abroad". Therefore, the provision on the automatic loss of Chinese nationality does not apply to those who acquire foreign nationality without leaving Hong Kong. Those who stay in Hong Kong and opt for a foreign nationality need to undergo certain formalities to renounce their Chinese nationality before they can reside in the HKSAR as overseas Chinese. The CNL says that "Chinese nationals may renounce Chinese nationality upon approval of their applications provided that
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(a) they are close relatives of aliens;
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(b) they have settled abroad; or
(c) they have other legitimate reasons.
The criterion in (c) is to give the relevant authorities a
discretion and the exercise of such а discretion will
depend on the Chinese attitude.
5.
It can be gauged from the relevant provisions in Annex I to the JD that those permanent residents of the HKSAR who had the right of abode in the HKSAR by virtue of their Chinese nationality could only retain their permanent resident status and right of abode after their