TNAG-1188-FCO40-1490-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 135

CONFIDENTIAL

negotiations were opened with Indonesia in the course of which the PRC made clear its opposition to dual nationality. Accordingly the Sino-Indonesian Nationality Treaty signed in 1955 (and ratified in 1960) provided that Overseas Chinese resident in Indonesia should choose either Indonesian or PRC nationality. No similar treaties were negotiated with other countries. But in the joint communiques on the establishment of diplomatic relations with Malaysia and Thailand, in May 1974 and July 1975 respectively, the PRC affirmed its non- recognition of dual nationality. The communique on relations with the Philippines (June 1975), like those with Malaysia and Thailand, provided that Overseas Chinese resident in those countries who adopted local nationality would forfeit Chinese nationality.

6.

Since the mid-1970s PRC comments have been calculated to encourage Overseas Chinese to take the nationality of their countries of residence, while urging those who do not wish to apply for naturalization to be law-abiding members of their host communities. At the same time, the PRC has continued to oppose compulsory naturalization of Overseas Chinese.

7. The 1980 Nationality Law fully conforms with this policy. This Law is one of several adopted by the PRC in the last few years in the process of establishing legal principles for the more orderly conduct of business after the upheavals of the Cultural Revolution. But in deciding to adopt the Nationality Law at this time, the PRC may also have calculated that clari- fication of its attitude on nationality would help to improve relations with South East Asian countries where Overseas Chinese form a large part of the population. The wording of the Nationality Law, like that of many other laws of the PRC, tends to be imprecise.

General Provisions

8. The Law includes various general provisions, the most important of which are the following:

Article 2 which states that "... persons belonging to any of the nationalities (minzu, meaning "nationalities" in the sense of "races") of China have Chinese nationality (guoji, meaning "nationality status")";

Article 3 stipulating that the PRC does not recognise dual nationality for any Chinese national; and

Article 17 which provides that the nationality status of persons who acquired or lost Chinese nationality before the law was promulgated remains valid.

/A further

CONFIDENTIAL

Page 135Page 136