1984)
NATIONALITY LAW OF THE PRC
287
Sexual equality or sexual discrimination in a nationality law is normally manifested in two areas: (1) the method of original acquisi- tion of nationality by lineage and (2) the effect of a change in marital status on nationality. In both instances, China's three pre-PRC nation. ality laws demonstrate clear discrimination against women.
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In the three previous laws a child's nationality was determined by the nationality of the father; the child took the mother's nationality only when the father's was unknown or when he was without any na- tionality. With respect to the second area of discrimination, the pred- ecessor laws stipulated that an alien woman automatically acquired Chinese nationality upon marriage to a Chinese. The 1929 Act con- tained the exception that an alien woman reserved her original nation- ality if her country's nationality law did not revoke it upon marriage to a foreigner. According to China's 1909 and 1914 nationality laws, a Chinese woman was deemed in principle to have lost her Chinese na- tionality automatically upon marriage to a foreigner, except when statelessness would result for the married woman." In the 1929 law, as in the 1980 law, a married Chinese woman's denaturalization occurred only on a voluntary basis.20
Unlike its predecessors, the 1980 law is phrased in neutral termi- nology applicable to men and women alike such as "Chinese na- tional," "parent," "one of the parents," "alien," "stateless person" and "close relatives." The provisions concerning children's original acquisi- tion of nationality at birth refer to both maternal and paternal nation- alities. Similarly, in an application for naturalization, restoration or re- nunciation of Chinese nationality, both spouses are guaranteed the right of voluntary and independent determination. The result is sexual equality în nationality matters consistent with both international con- ventions and the 1967 United Nations Declaration on the Elimination of Discrimination against Women. Article 5 of the Declaration provides that "a woman should have the same rights as a man to acquire or retain nationality" and that "[m]arriage to an alien husband should not automatically deprive her of nationality, nor should a husband's
family life...
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24. 1909 Law, supra note 4, arts. I, II, V; Sheng, supra note 1, at 207 (quoting the 1914 Amended Nationality Law); 1929 Law, supra note 6, art. 1.
25. 1909 Law, supra note 4, art. XIII; Sheng, supra note 1. at 207 (quoting the 1914 Amended Nationality Law).
26. Article 10(1) of the 1929 Law, supra note 6. at 96 states: “One who is the wife of an alien and who has, upon her own application, obtained the permission from the Min- istry of the Interior to renounce her nationality .may do so." Article 9 of the 1980 Nationality Law states: "Any person who has settled abroad and who has been natural- ized there or has acquired foreign nationality of his own free will automatically lose Chi- nese nationality."
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