TNAG-2160-FCO40-3080-Hong-Kong-nationality-package-Chinese-views-1990 — Page 50

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

GF 323

CONFIDENTIAL

2

機密

"But a person whose parents are Chinese nationals

and have settled abroad or one of whose parents

is a Chinese national and has settled abroad and

who hhas acquired foreign nationality on birth

does not have Chinese nationality."

(a) Does this sentence, and in particular the phrase

"who has acquired foreign nationality on birth",

refer only to persons born abroad? If so, what

is the nationality status of a person who is born

in China of parents who have settled abroad and

acquired foreign nationality before returning to

China?

(b) What is the test of whether a person has acquired

foreign nationality on birth?

(c) What is the position of a person born abroad,

whose parents are Chinese nationals settled in

China or one of whose parents is a Chinese

national settled in China, if that person

acquires a foreign nationality at birth under a

foreign nationality law?

Q.4 Article 9 of the Chinese Nationality Law provides

"Any Chinese national who has settled abroad and

who has been naturalised

CONFIDENTIAL

there or has acquired

機密

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