TNAG-2371-FCO40-3446-Hong-Kong-nationality-UK-passport-scheme-British-Nationalit-1991 — Page 39

22-JAN-1991 14:37

DIRECTOR OF ADM.

852 877 0802

P.20

1984]

1. Renunciation

NATIONALITY LAW OF THE PRC

297

Formal renunciation of nationality in favor of another is required for all Chinese living in China, but not for those "settled abroad.” The process of renunciation is the reverse of naturalization. Accordingly, the grounds for renunciation mirror those for naturalization: (1) the person must be a close relative of aliens, (2) the person must have set- tled abroad, or (3) the person must have other legitimate reasons." Moreover, as with naturalization, the Minister of Public Security has wide administrative authority in assessing the aforementioned broad and extralegal factors.

Since the applicant is not expressly required to obtain another na- tionality before renouncing the Chinese one, theoretically an individual could incur statelessness. The administrative authorities, however, are not likely to deliberately swell the ranks of stateless persons by al- lowing denaturalization unless the person has a replacement national- ity. A practice such as this would be in direct opposition to the law's spirit of reducing statelessness. A more plausible use of denaturaliza- tion enables dual nationals to request renunciation of Chinese nation- ality in favor of a foreign one which China does not formally recognize, but which nevertheless may be valid. By renouncing Chinese national- ity, the foreign one is validated in the eyes of the Chinese Government. It is therefore reasonable to expect that evidence of a claim to a foreign nationality would be required before an application for renunciation would be approved by the PRC authorities. Renunciation by state functionaries and armed services personnel in active service, however, is prohibited for obvious security reasons."1

2. Forfeiture

Forfeiture is the only method specified in the new law for discard- ing Chinese nationality without government approval. Article 9, which states that Chinese nationality is automatically lost only by those who have settled abroad and "voluntarily joined or acquired” a foreign na- tionality, eliminates any deliberate dual nationality for overseas Chi- nese living abroad. It does not apply, however, to those residing within

61. Article 10 of the 1980 Nationality Law states:

Chinese nationals may renounce Chinese nationality upon approval of their ap- plication provided that:

(1) they are close relative of aliens; or

(2) they have settled abroad; or

(3) they have other legitimate reasons.

62. Article 12 of the 1980 Nationality Law states: "State functionaries and armymen

on active service shall not renounce Chinese nationality.”