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APPENDIX II.
CHINESE NATIONALITY LAW, 1909 AND 1914.
THE Chinese Law of Nationality was promulgated by Imperial decree on the 28th March, 1909. According to this law-
I. The following were declared to be Chinese subjects :-
(a.) A child born within or without the Chinese dominions—
(a) Whose father was a Chinese subject.
(b.) Whose mother was a Chinese subject and father unknown or of no
nationality.
(b.) A child born in China whose father and mother are unknown or of no
nationality.
(c.) A child found abandoned in China whose place of birth is unknown.
(d) Foreigners naturalised as Chinese subjects (according to elaborate rules
prescribed in the law).
(e.) The foreign wife of a Chinese subject.
() Illegitimate child
(a.) Recognised by Chinese father.
(b.) Recognised by Chinese mother and whom the father does not consent
to recognise.
(g.) The wife and minor children of a naturalised Chinese subject provided that according to the law of their own country they lose ipso facto their own nationality.
II. A Chinese subject might lose his Chinese nationality in the following
manner —
(a.) A Chinese subject who desires to acquire a foreign nationality must first apply for permission to abandon his Chinese nationality; such applica- tion must be addressed to the Ministry of the Interior through the local authorities or, if the applicant is residing abroad, through the Chinese diplomatic representative.
(b.) A Chinese subject who has, without sanction, abandoned his Chinese nationality in order to acquire a foreign nationality must notify to the Chinese authorities the date of his naturalisation in order to have it recognised. Such notification was to be made as follows:-
(i.) If residing abroad, then through the consul of the nationality he has adopted at the first port reached on return to China. (ii.) If residing in a foreign concession [sic: probably means treaty port] through the local Chinese authorities, within one year. Failing due notification he will still be considered in China a Chinese subject.
III. It will be noticed that II (a) and (b) apply only to the case of Chinese naturalised abroad who return to China. The inference is that so long as they do not return to China, though they would still retain their Chinese nationality, China would not object to their being regarded as also possessing a foreign nationality.
There is no specific provision as to Chinese who, without desiring to acquire a foreign nationality, have in fact acquired one by birth abroad. These would still be Chinese subjects in contemplation of Chinese law (see paragraph I (a) above); but according to special rule No. 7: "Chinese who before the coming into force of the present laws shall have been born abroad have grown up and resided there for a long time, can still be considered as Chinese subjects if they desire to retain such nationality."
Construing these two provisions together, the intention and effect of the law would probably be as follows: A Chinese born in Singapore is a Chinese subject, and by birth he is also a British subject. He could if he liked retain the benefit of nis Chinese citizenship and thus, for example, claim the good offices of the Chinese consul in Singapore. While he was abroad China would recognise his dual nationality, but if he returned to China and wished to claim his British nationality
ནཾ,
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he, by analogy of paragraph II (a), would have to apply for permission to abandon his Chinese nationality. The correctness of this interpretation is confirmed by the notification of June 1927 referred to in the last paragraph of this memorandum.
IV. The law further provided as follows:-
(a.) Chinese who have legally renounced their Chinese nationality may not continue to reside or own property in the interior. Such property, if not disposed of within one year of date of renunciation of Chinese nationality, will be confiscated. (b) Chinese who have without sanction acquired a foreign nationality and who continue to reside in the interior, buy or inherit immovable property, &c., shall still be considered Chinese subjects.
V. A revised Law of Nationality was promulgated on the 30th December, 1914, together with detailed regulations promulgated on the 3rd November, 1913, and revised on the 12th February, 1915. An authoritative translation of these bound in one volume was presented to the Extra-territoriality Commission in 1925 as being the present law in force.
The revised law is differently arranged, and minor alterations have been made in certain details of no importance for our present purpose such details, for example, as the conditions under which aliens may become naturalised Chinese citizens in less than five years. In substance the two laws are identical, but in the revised law the provision regarding Chinese born abroad quoted in paragraph III above is omitted. The provision as to renunciation of Chinese nationality is substantially the same as in paragraph II (a) above; and persons who had without sanction abandoned their Chinese nationality but had not yet complied with the provisions of paragraph II (b) were allowed a further six months from the date of the enforcement of the revised Law of Nationality to send in a petition to the authorities, A further extension of time was granted by a notification issued in June 1927 by the Ministry for Foreign Affairs at Canton regarding persons who already possessed a foreign nationality by birth abroad or by the naturalisation of his father and who had not yet obtained the consent of the Chinese Government to abandon their allegiance to China. These persons were allowed six months from the date of the notification to petition for such consent. If residing in China the petition was to be sent through the local authorities; if residing abroad through the Chinese consul. Until the consent of the Chinese Government to abandon such allegiance has been obtained such persons would continue to be regarded as Chinese citizens, subject to the jurisdiction of the Chinese courts in China, and entitled to the good offices of the Chinese consuls abroad.
Sir,
APPENDIX III.
DUTCH Modus Vivendi, 1911.
Note from Chinese Foreign Office to Dutch Legation.
Peking, June 20, 1911. I HAVE the honour to acknowledge the receipt of your Excellency's note to the following effect :
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It has been agreed that in the event of Chinese who have assumed Dutch nationality being desirous, on their return to China, of retaining the same, they should within three months of their return report to a Dutch consul, and that if they propose to make a prolonged stay in China they should, during the three months of each solar year, again report to a Dutch consul; persons who fail to take these steps being considered as having lost their Dutch nationality. I fear, however, that Chinese who may be of Dutch nationality owing to their compliance with the steps above laid down may, for their own advantage, pretend to the general public to be of Chinese nationality, thus being at one time Chinese, at another time Dutch. Such action is most improper. Again, it is possible that an individual without an intentional pretence on his part, but simply in ignorance of his nationality, may also give rise to mistakes. This also is an improper state of affairs, and steps should be taken to guard against it.
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