CO129-568-9 Chung Chi Cheung- petition to appeal against decision of Hong Kong court 7-1-1938 - 28-12-1938 — Page 45

National status of Chung Chi Cheung.

The appellant's father is stated to have

been born at Pinghoi. Much search has failed to

52

find any such place, but there is a Pingho and e Pinghai

in China, and the latter is probably the same place as

Pinghoi.

Moreover the frequent references in the

evidence on pages 14 to 16 of the record to "the

country" and "his country" seem to indicate fairly

clearly that the father was a native of China,

therefore a Chinese national.

and

The Chinese law of nationality adopts the

jus sanguinis. The latest law, of 1927, provides that any person whose father is at the time of his birth

The

It is therefore highly

a Chinese citizen is of Chinese nationality.

previous law of 1914 was similar. probable that the appellant is a Chinese national.

The magistrate (page 17 of the record)

found that the appellant was not a "national of Chin

There can be little doubt, however, that what he

meant was that he did not come within the definition

of that expression in the Chinese Extradition Amendment

Ordinance,1997, which runs as follows:-

"national of China" means every person who, not

being a national of any other state, possesses

Chinese nationality"

The ratio decidendi wes doubtles.~ that the

He was born in

appellant was a British subject.

Sham Shui Po which is mainly, if not entirely, within

the leased territory. It is on the geof, and

dee

possibly to a very small extent with, the ceded

territory.

It is therefore highly probable that he

horn