22-JAN-1991 14:38
DIRECTOR OF ADM.
852 877 0802
P.21
1
C
298
China.
N.Y.L. Sch. J. Intz & Comp. L.
[VOL 5
The phrase "voluntarily joined or acquired" is interpreted by Chi- nese authorities and commentators as those individuals not compelled by some kind of voluntary act or derivation from another's voluntary act to take a foreign nationality," This interpretation is flexible enough to avoid dual nationality as a result of a conflicting application of the doctrine of derivative nationality, because nationality derived from the voluntary act of another is considered a non-compelled na- tionality. Thus, for example, a Chinese woman living abroad, upon de- riving a foreign nationality from her husband, is considered to have voluntarily acquiesced to that nationality if she does not renounce it in favor of her previous one, or take some other action to retain Chinese nationality. Consequently, her Chinese nationality would be forfeited in favor of her foreign one. If the woman lived within the PRC, how- ever, the Chinese Government would simply ignore her derived second nationality and consider her solely as a Chinese national. This inter- pretation is based on the diplomatic practice of the PRC, a practice which has consistently opposed unilateral imposition of local national- ity on the many overseas Chinese and has promoted the right of free choice of nationality. 64
Another consistent action by the PRC is its omission of a provi- sion for unilateral deprivation of Chinese nationality by the authori- ties. This position echoes those in the 1909 and 1929 laws; the 1914 law was the only one in China's history which adopted deprivation. To de- prive an individual of his nationality is a rather harsh and unnecessary measure given the comprehensive nature of existing formal and infor- mal sanctions against nationals în bad standing with the Government. Moreover, by continuing to recognize the Chinese nationality of an un- desirable individual, the Government retains its right to exercise juris- diction over the individual's fate.""
63. This interpretation is based on the PRC's consistent diplomatic practice which has always opposed unilateral imposition of a local nationality on overseas Chinese. See Gong, supra note 20; M. Jin & F. Cal. supra note 1, at 13. 23.
64. See Chang, Sino-Vietnamese Conflict Over the Ethnic Chinese, 16 Asia Pag. Comm.. Spring 1982, at 84: L. Suryadinata, Pribumi ÎNDONESIANS, the Chinese Minority and China: A Study of Perceptions and PoLICIES 165-89 (1978); China Seeks Settle- ment through Consultation on Question of Chinese Nationals in Viet Nam, reprinted in Bewing Ræv. No. 33, at 25 (1978).
65. See Sheng, supra note 1. at 209; M. Jin & F. ĈAL, supra note 1, at 21.
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