TNAG-1382-FCO40-1830-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 15

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A further general provision is Article 12 which debars state officials and armed forces personnel on active service from renouncing Chinese nationality.

Provisions on the nationality status of persons born in China

9.

The following provisions of the new law deal specifically with the nationality status of persons born in China:

10.

Article 4, which provides that any person born in China, one

China, one or both of whose parents are Chinese nationals (Zhongguo gongmin), has Chinese nationality.

Article 6, which provides that any person born in China whose parents are stateless or of uncertain nationality but settled in China has Chinese nationality.

These articles and those noted under "general provisions are evidently intended to be complementary in effect. The exclusion of dual nationality, under Article 3, indicates that Chinese nationality is withheld from persons who would satisfy the qualifications for Chinese nationality under the other articles of the Law but are recognised by the PRC authorities as holding another nationality. There remains of course the possibility of dispute in particular cases about the validity of claims to PRC or foreign nationality.

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11. Article 4 does not specify that it applies to persons born in China before the Law came into effect. But this appears to be the intention. If it were deemed not to apply in a particular case, the person concerned might still be regarded as a Chinese national under Article 17 (which provides for the continuing validity of the nationality status held by a person before the Law was promulgated).

Nationality status of Overseas Chinese

12. The term "Overseas Chinese" is not used in the Law, but the following provisions of the Law cover the status of persons of Chinese race overseas:

Article 5, which provides that any person born abroad has Chinese nationality if

or both parents are Chinese nationals, except where one or both parents are settled abroad and the child acquires foreign nationality at birth.

Article 7 (clauses 1 and 3) which provides that aliens or stateless persons (who could include persons of Chinese descent) may acquire Chinese nationality upon approval of their applications if they are close relatives of Chinese nationals or have "other legitimate reasons";

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/Article 13

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