22-JAN-1991 14:47
DIRECTOR OF ADM.
852 877 0802
P.33
310
NYL SCH. J. INT. & Comp. L.
[Vol. 5
Although dual nationality may still occur under the provisions of the 1980 Nationality Law, the impact of dual nationals is expected to be negligible in terms of actual numbers. The largest population of dual nationals arose as a consequence of the traditional Chinese policy prohibiting denaturalization without consent, adopted by both the Qing dynasty and the Nationalist regime, and the latter's policy of in- difference to dual nationality. The remnants of this population, how- ever, will fade in a short time because of the current PRC Govern- ment's strong dilution of the “blood” connection. By adding a jus soli requirement, the Government has made it difficult for children born abroad of Chinese parents who are settled abroad to acquire Chinese nationality.
C. Nonrecognition of Dual Nationality
In light of the PRC's policy of nonrecognition of dual nationality, and the elaborate measures adopted in the Nationality Law to reduce dual nationality, the loopholes illustrated above appear to be over- sights in draftsmanship. More likely, however, these deviations are tol- erated in favor of overriding policy goals, such as the socialist ideal of equality between the sexes, integrity of national security and the abil ity to exercise jurisdiction over individuals settled or present within. the national territories.
In the limited number of situations where dual nationality may occur under China's new Nationality Law, in general only individuals. settled in China will be affected. The Government created the anti- dual nationality policy largely to soothe relations with Southeast Asian countries, not with its own loyal nationals. Therefore, it is understand- able for the PRC to persist in granting nationality, even where dual nationality results, when the individual is settled within China's own boundaries, and when other factors may urge the granting of nationality.
This approach is illustrated by the acquisition of dual nationality at birth. Newborns become dual nationals when Chinese nationality is conferred in addition to a foreign one. Since the child's family must be residing in China and at least one parent must be Chinese, however, the child may be considered to have a "close connection” with China. Extending Chinese nationality under these circumstances may be more justifiable than not extending it.
The PRC may also tolerate dual nationality when a Chinese na- tional acquires a foreign nationality but remains in China, although the Government does have the ability to eliminate dual nationality by re- voking the Chinese one. For example, if the person involved is privy to information sensitive to China, his acquisition of a foreign nationality
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