TNAG-2371-FCO40-3446-Hong-Kong-nationality-UK-passport-scheme-British-Nationalit-1991 — Page 25

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DIRECTOR OF ADM.

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NATIONALITY LAW OF THE PRC

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Government. No formal nationality legislation was enacted by the suc ceeding Government of the People's Republic until 1980."

This article will (1) discuss the general principles running through- out the new Nationality Law and compare the philosophical differences between the 1980 law and its three predecessors, (2) analyze the new Nationality Law in detail and discuss some of its features and implica- tions, (3) comment on the policy of the new law and its effects on the nationality problems of overseas Chinese in Southeast Asia and (4) as an adjunct issue, discuss the implications of the newly-negotiated agreement between China and Britain on the nationality status of Hong Kong residents.

I. BASIC PRINCIPLES

Before analyzing the details of the PRC's new nationality legisla- tion, the basic principles of the law should be reviewed. The four un- derlying principles are (1) unity (one single class) of nationality, (2) a combination of jus sanguinis and jus soli, (3) equality between the sexes and (4) nonrecognition of dual nationality. The latter two mark a sharp departure from the principles and spirit of China's three previ ous nationality laws. All four principles are consistent with modern and progressive nationality legislation in other countries, as well as in- ternational conventions and treaties on nationality laws.

A. One Single Class of Nationality with Equal Status

China's 1980 Nationality Law refers to "Chinese nationality" but offers no definition as to what constitutes that nationality." In article 2, the law proclaims that China is "a unified, multi-racial country" and that "persons belonging to any of the nationalities of China (ethnic origin] have Chinese nationality." This illustrates two important prin-

6. Law of Nationality promulgated by the Nationalist Government on Feb. 5, the 18th Year of the Republic, reprinted in 4 China L. Rev. 39 (1930) (hereinafter cited as 1929 Law).

7. Many commentators, including Chinese legal scholars, agree with this conclusion. See supra note 1.

8. Article 1 of the 1980 Nationality Law states: "This law is applicable to the acquisi. tion, renunciation and restoration of the nationality of the People's Republic of China." It has been ascertained that China has 56 minority ethnic groups, most populating the frontier regions of the country. Although ethnic minorities account for only 6% of the population (the remaining 94% being the majority Han), they inhabit between 50 to 60% of the entire country's land mass. See C. Fang, Law Annual of China 1982/83 7 (1982); see also Ulanhu, National Regional Autonomy, BrLING Rev. No, 46, at 15 (1981). 9. Article 2 of the 1980 Nationality Law states: "The People's Republic of China is a unified, multi-national country; Persons belonging to any of the nationalities of China