22-JAN-1991 14:41
DIRECTOR OF ADM.
852 877 0802
P.25
302
NYL SCH. J. Int'l & Comp. I.
[Vol. 5
the "silent period" would be governed generally by the internal admin- istrative directives existing at that time. Two problems, however, are manifest. First, since administrative decisions were made only when the need arose, the question remains as to what principles should gov- ern problems of Chinese nationality which arise in the present, but whose events transpired at the time these internal directives were in force. Second, even if it were desirable to look to these directives for rules, this would be difficult since the directives were never disclosed to the public and are presumably vague and incomplete.
The most likely solution would be for government authorities to use the principles embodied in the 1980 law as guidelines. This method would effectuate a practical and indirect application of the statute rather than a formal and retroactive application.
A Chinese national, for example, who settled abroad and had been voluntarily naturalized during the "silent period" in a foreign country where dual nationality was allowed, would be considered a dual na- tional if the PRC's internal directives at that time permitted. Both na- tionalities would remain valid under the foreign law and the PRC's 1980 law, respectively," despite the fact that under article 9 of the 1980 law the Chinese nationality would be automatically forfeited upon voluntary naturalization abroad. Article 3 of the 1980 law, however, would not recognize the effect of the foreign nationality." Therefore, in order for the foreign state to exercise its right of international protec- tion against China on behalf of a national, the individual must for- mally renunciate the Chinese nationality so that China will recognize the foreign one.
Conversely, if no relevant internal directives were applicable at the time the individual was naturalized abroad, Chinese authorities would likely turn to article 9 of the 1980 law, and following its principles by analogy, consider the individual as a single nationality alien. If the in- dividual wished to regain his Chinese nationality, he could resort to the summary restoration procedures under the new law and relinquish his foreign nationality.
upon marriage to a foreign spouse, J. COHEN & H. CHIU, supra note 14, at 775, and con- versely, a foreign woman did not automatically acquire Chinese nationality upon maP- riage to a Chinese husband, id.; (2) a Chinese child adopted by foreign parents did not automatically lose his or her Chinese nationality; and (3) aliens applying for naturaliza- tion in China were required to renounce their foreign nationality, 1980 Nationality Law,
art. 8.
81. See the Hague Convention on Conflict of Nationality Laws (1930), supra note 27, arts. 1-3; the Nottebohm case (Liechtenstein v. Guat.), 1955 I.C.J. Reports 4.
82. Article 3 of the 1980 Nationality Law states: "The People's Republic of China does not recognize dual nationality for any Chinese national,"
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