TNAG-2371-FCO40-3446-Hong-Kong-nationality-UK-passport-scheme-British-Nationalit-1991 — Page 23

22-JAN-1991 14:25

DIRECTOR OF ADM.

852 877 0802

P.04

THE NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA AND THE OVERSEAS CHINESE IN HONG KONG, MACAO AND SOUTHEAST ASIA

TUNG-PI CHEN

INTRODUCTION

After thirty years of existence, the Government of the People's Re- public of China (PRC) enacted the long-awaited Nationality Law in 1980. Based on the PRC Government's enduring principle of racial and sexual equality, the new law is designed to reduce dual nationality and statelessness by combining the principles of jus sanguinis and jus soli to determine nationality at birth. The need for a Chinese national- ity law had long been recognized, but it was not until the adoption of the "open door" policy in 1978 after the downfall of the “Gang of Four," as well as the institution of codification efforts, that the urgency of the task was recognized.

The new law has two main objectives: (1) to improve friendly rela- tions with foreign countries, particularly those in Southeast Asia where a large number of ethnic Chinese reside, and (2) to aid in China's thrust toward modernization. China's changing foreign policy provides the main impetus for the first objective. The pledge of the present, pragmatic leadership to achieve a peaceful international environment has replaced the Gang of Four's encouragement of a world of "great disorder." Especially significant is China's determination to unilater- ally resolve the thorny issue of the nationality problems of the overseas Chinese (Huachiaos) in Southeast Asia in order to improve friendly relations with neighboring countries.*

The author is Professor of Law at Queen's University in Kingston, Canada. He wishes to acknowledge the financial assistance of the Social Sciences and Humanities Research Council of Canada, and the aid of his research assistant. Lillian Chow,

1. Nationality Law of the People's Republic of China, reprinted in China OfficiAL Annual Report 297 (1981). For commentary on the 1980 Nationality Law, ses Gin- sburgs. The 1980 Nationality Law of the People's Republic of China, 30 Am. J. Comp. L. 459 (1982); Sheng, China's Nationality Law and the Principles of International Law, SELECTED ARTICLes From Chinese Y.B. Int'L. Law 204 (1983)); Wang, The General Prin- ciple of the Nationality Law of the PRC, id. at 216; Zhang & Lu, Zonghua Renmin Gongheguo Guojifa Qianlun (Brief Review on the Nationality Law of the PRC), FAXUE Yanjiu (Legal Studies) No. 6, at 47 (1980); M. Jin & F. Cai, Zhonghua Renmin Gonchegyo Guosi Jianghua (Lectures on Nationality of the PRC) (1983).

2. See Yee, China's Asia Policy Options in the 1980's, Asia Pac. COMMUNITY, Spring 1981, at 101.

281