22-JAN-1991 14:34
DIRECTOR OF ADM.
852 877 0802
F.1b
1984]
NATIONALITY LAW OF THE PRC
293
mitted to retain any previous nationality." These three criteria are much simpler and more discretionary than those cited in China's previ- ous nationality statutes." For example, the 1980 law departs from its predecessors by not affixing the duration of domicile or residence nec- essary to satisfy the requirement that the person has "settled" in China. Further, the PRC's new law does not define the degree of kin- ship required to be considered "a close relative." Additional discretion is granted to the administrative authorities in deciding on an ad hoc basis what constitutes "other legitimate reasons." For example, a "for- eign friend" who has made a substantial contribution to the PRC's revolution or socialist construction may have such a "legitimate rea- son." Finally, since the ultimate authority for approval of naturaliza- tion lies with the Ministry of Public Security, an applicant's ideological persuasion and qualifications-e.g., skills and means of subsis- tence-may constitute other important considerations in the applica. tions process, although this would not be in strict observance of social- ist egalitarian principles.
As a precondition for approval of an application, the administra- tive organs may require the applicant to renounce any previous nation- ality, unless the foreign nationality would be lost automatically upon acquisition of Chinese nationality. Alternatively, the approval could be made effective only upon renunciation of any previous nationality. Al- though the phraseology does not literally support this view, contingent approval is consistent with both the PRC's past practice and with a natural interpretation of China's commitment to nonrecognition and reduction of dual nationality." A similar condition was expressly pro-
43. Article 8 of the 1980 Nationality Law states:
Any person who applies for naturalization in China acquires Chinese nationality upon approval of his or her application; no person whose application for natural- ization in China has been approved is permitted to retain foreign nationality. 44. For example, article 3 of the 1929 Law, supra note 6. at 94, required applicants to reside for more than five uninterrupted years (i.e., to be domiciled) in China, to be at least 20 years of age, to have good moral character and to have the ability to support themselves.
Article 3 of the 1909 Law, supra note 4, at 161, was even more stringent. It required applicants to reside for more than 10 uninterrupted years in China, to be at least 20 years of age and sui juris under their state's law, to have good moral character, to live independently and to lose their original nationality upon naturalization.
45. See M. JIN & F. CAL supra note 1, at 19.
46. This interpretation is consistent with the practice of the PRC authorities and the 1953 Ministry of the Interior decree which required foreign nationals, in their applica- tion for naturalization, to renounce their foreign nationality; if unable to do so, they could declare their intention to renounce in the newspaper. See Sheng, supra note 1, at
211.
In the following year (1954) a decree by the same Ministry prescribed that those