22-JAN-1991
14:36
DIRECTOR OF ADM.
852 877 0802
P.19
296
NYL. Sch. J. Int'l & Comp. L.
(Vol. 5
ralized individuals will not be left stateless in the event they are unable to obtain the nationality of their choice. This precondition is necessary because China does not permit naturalized children to maintain dual nationality until the age of majority; thus, they must have renounced any other nationality before acquiring the Chinese one. If they had re- tained dual nationality until majority, they could simply opt for their preferred nationality and renounce the rejected one.""
Requiring individuals to be settled abroad before they are permit- ted to bypass formal denaturalization procedures" eliminates dual na- tionality; it further serves as recognition of China's inability to effec tively exercise jurisdiction over her nationals abroad. Requiring approval before denaturalization for those living in China emphasizes the Government's concern for domestic public security, and is another example of the wide range of discretion afforded to administrative authorities.
The PRC has exhibited some unilateral effort to facilitate the principle of free choice, subject to restrictions necessitated by the Gov- ernment's commitment to the paramount policies of nonrecognition and reduction of dual nationality and the reduction of statelessness, policies which are consistent with the spirit of international conven- tions encouraging the avoidance of positive or passive conflict of na- tionality laws.** An ideal solution to the problem of free choice in this context would be to utilize multilateral treaties guaranteeing to chil- dren the right to restore their former nationality if they so desired within a certain period after reaching adulthood, a proposal which is similar to the terms of the aforementioned bilateral treaties.
B. Loss of Nationality
The PRC's Nationality Law establishes two conditions for the loss of Chinese nationality: (1) renunciation by voluntary application for denaturalization and (2) forfeiture (automatic loss by operation of law). The new law, unlike the law in some other countries, does not provide for deprivation of nationality."
57. Avoiding statelessness could be procedurally cumbersome for nationals living abroad if the country of choice does not provide summary procedures for restoring the citizenship of a former national.
58. See supra text accompanying note 57.
59. See supra notes 28 & 29.
60. See, e.g., British Nationality Act, 1981, § 40; L Stanbrook, supra note 10, at 102.
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