22-JAN-1991
14:39
DIRECTOR OF ADM.
852 877 0802
P.23
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NY.L. SCH. J. Int'l & Comp. L.
[Vol. 5
nationality, including acquisition, renunciation and restoration." In- side China, the administrative organs handling nationality applications are the local, municipal and county public security bureaus. Outside the country, diplomatic representatives and consular offices address these affairs.”
73
As stated earlier, given the broad discretionary and administrative powers in all nationality matters that are entrusted to the public secur- ity agencies, the drafters of the Nationality Law must have considered nationality a primary concern of public security. Customarily, the movements and proof of identity of all individuals in the country are monitored and controlled by the Ministry of Public Security." The granting of jurisdiction over nationality to this same Ministry reveals the sensitive nature of this matter in the eyes of the regime, and its relation to the other activities regulated by this agency.
Once approval of naturalization, renunciation or restoration of Chinese nationality is granted, certificates are issued by the Ministry to verify the individual's status." No official swearing in ceremony or ritual testimony of allegiance is mandatory, though for naturalization the law requires that applicants are willing “to abide by China's consti- tution and law." Perhaps the Government presumes that applicants are "willing," a presumption which renders formal confirmation of such intention unnecessary. Furthermore, since religion has been an anath- ema to communist ideology, such rites may be considered meaningless. One major defect of the PRC's Nationality Law is the lack of a
71. Article 16 of the 1980 Nationality Law states:
Applications for naturalization and for renunciation or restoration of Chinese nationality are subject to examination and approval by the Ministry of Public Security of the People's Republic of China. The Ministry of Public Security is- sues a certificate to any person whose application is approved.
72. Article 15 of the 1980 Nationality Law states: "The organs handling nationality applications are local, municipal and county public security bureaus at home and China's diplomatic representations and consular offices abroad.”
73. For examples of the laws and regulations concerning the control of entry, move- ment and registration of Chinese nationals, as well as overseas Chinese and aliens in China, see Gongan Fagui Huibian 135-46, 253-70 (1981) (compendium of public security laws and regulations from 1950 to 1979); Zhonghua Renmin Gongheguo Gongan Fagut Xuanbian 141-72 (1982) (selected public security laws of the PRC). See also the Provi- sional Regulation of Residence Identification Cards for PRC Residents, in Żonghua Renmin Goncheguo Ġuowuyuan Gongbao No. 8, at 246-47 (1984), which requires all Chinese nationals residing in the PRC to apply for residence identification cards (art. 2). This requirement is applicable also to overseas Chinese in Hong Kong, Macao and Tai- wan, who return to settle on the mainland (art. 7). The regulation, however, does not apply to foreign nationals or to stateless persons residing in China (art. 19).
74.
1980 Nationality Law, art. 16.
75. 1980 Nationality Law, art. 7.
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