22-JAN-1991 14:28
DIRECTOR OF ADM.
852 877 0802
P.08
1984)
NATIONALITY LAW OF THE PRC
284
fect. Moreover, an interesting exception to the principle of equal status of nationality existed in the 1909 and 1929 nationality laws which re- stricted the rights of naturalized aliens to serve in the military or high public office. This seemingly harsh rule was adopted because of the imperial fear of foreign subversion at a time when China remembered bitterly the disasters she had suffered at the hands of foreign powers. The use of a single category of nationality/citizenship in the new law reflects China's policy of unity among all ethnic groups and discards the unwritten and antiquated tradition of "Han Chauvinism." The equal nationality status of all ethnic groups reinforces the constitu- tional tenet that
[a]ll nationalities in the People's Republic of China are equal Discrimination against and oppression of any nationality are prohibited; any acts that undermine the unity of the na- tionalities or instigate their secession are prohibited.""
China's Constitution and its recently promulgated Law of Na- tional Autonomous Regions also include special protective provisions for ethnic minorities in the frontier regions." This treatment of Chi- nese ethnic minorities in the Constitution and new laws emphasizes the Government's desire to engender feelings of allegiance and brother- hood in these strategically located groups. The principles contained in article 2 of the Nationality Law mirror the PRC's internal policy of goodwill toward national ethnic minorities; the PRC seeks to encourage loyalty and solidarity under the unified leadership of the central Gov- ernment to promote a strong national defense."
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B. Combination of Jus Sanguinis and Jus Soli
Historically, China adhered to the principle of jus sanguinis (blood relationship, or the right of blood) as virtually the sole method for original acquisition of nationality, and denied its nationals the right to denaturalize without government consent. All three previous laws disregarded jus soli (the place of birth) as a factor for determining Chinese nationality." Thus, a child was given the nationality of her father, regardless of where she was born. A child was given her
art. I.
14. 1909 Law, supra note 4, art. VIII; 1929 Law, supra note 6, art. IX. See also 1 J. COHEN & H. Chiu, People's China and INTERNATIONAL LAW 748 (1974).
15. See PRC Const. art. 4 (1975, 1978, 1982) and PRC Const. art. 3 (1954). 16. PRC CONST. art. 4; Law of National Autonomous Regions, in Zhonghua RanMIN Gongheguo Guowuyuan Gongbao (State Council Bull) No. 434, at 419 (1984).
17. See generally Ulanbu, supre note 8, at 15. 18. See supra notes 4-6.