TNAG-1570-FCO40-2136-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 132

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

morally or legally.

Denaturalized Chinese who were denied protection by

their adapted country were not uncommon.

philosophy and practice of the extended

Traditionally, due to the

family,

emigration was

years.

undesirable, and most of the time illegal throughout the last 1,000

Because of this background, the PRC's hands are tied, unable to

change or re-evaluate these historical andtraditional practices. Also

it is also unwise to abandon

Overseas Chinese whose political and

economic resources had proved to be vital to her predecessors.

Fourthly, due to periodical anti-Chinese campaigns which had badly

jeopardized the human rights of Overseas Chinese, especially during the

vulnerable Ching regime, protection of overseas Chinese became a

problem. The Kuomintang came to power, taking advantage of the Ching

vulnerability on the issue of protection. The Communists also blamed

the Kuomintang for failure in the protection of China and her people

abroad and at home. Under these circumstances, protection of Chinese

and the

denaturalization of Chinese became very sensitive and

political issues. Denying denaturalization of Chinese is

sensational

part of the current heroic mood to protect China and Chinese.

Finally, the non-recognition policy has its legal grounds too.

China adapted jus sanguinis as a major legal principle in the first

nationality law initiated by the Ching regime. Under this principle,

These

state consent is required whenever denaturalization is sought.

two principles have resulted in a perennial problem of dual nationality,

often played as a political game by Chinese authorities to show their

care and concern for Overseas Chinese in spite of being an approach

unrealistic most of the time. When the PRC inherits this nationality

law and its resultant problems, her choice is limited. The Hong Kong

nationality issue is very restricted by the past practices of jus

sanguinis and state consent; the PRC has no choice but to insist on

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