TNAG-1405-FCO40-1880-Future-of-Hong-Kong-passports-and-visas-1985 — Page 197

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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TRANSLATION

EMBASSY OF THE FEDERAL REPUBLIC OF GERMANY IN PEKING

Re: Loss of Chinese Nationality

Ref: Decree 510-512 CHN of 17.12.1984

Enclosure

15 February 1985

After consulting the legal department at the Chinese Ministry of Foreign Affairs, the decree at reference can be answered as

follows:

The nationality law of the PRC is based on the principle that, even abroad, the Chinese are and remain Chinese nationals. Chinese nationality is only lost if a person takes up permanent residence in a foreign country and acquires foreign citizenship. The PRC recognises only one uniform Chinese nationality in accordance with the laws of the PRC; Taiwanese regulations, legal acts or passports are not recognised by the PRC.

On the basis of this principle, the questions contained in the decree at reference can be answered as follows:

Ad 1:

Under Article 9 of the Nationality Act of the PRC, a Chinese woman with a Taiwanese passport automatically loses her Chinese nationality when she becomes a naturalised citizen of the Federal Republic of Germany. However, the Taiwanese authorities would continue to regard her as a Chinese national.

Ad 2:

A Chinese woman with a German passport would have no problems in entering the PRC as a German citizen and obtaining a residence permit. For the PRC authorities, the fact that a person has not been deprived of (national) Chinese nationality under the nationality law of Taiwan is irrelevant.

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Ad 3:

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