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 The Nationality Law of the People's Republic of China (simplified Chinese: 中华人民共和国国籍法; traditional Chinese: 中華人民共和國國籍法; pinyin: Zhōnghuá Rénmín Gònghéguó guójí fǎ) regulates citizenship in the People's Republic of China (PRC). Such citizenship is obtained by birth when at least one parent is of Chinese nationality or by naturalization. The law was adopted at the Third Session of the Fifth National People's Congress and promulgated by Order No. 8 of the Chairman of the Standing Committee of the National People's Congress and effective as of September 10, 1980. The People's Republic of China does not recognise dual citizenship with any other country.[1]
[edit] Articles
[edit] Hong Kong and MacauFor Hong Kong residents, the law was adopted at the Nineteenth Session of the Standing Committee of the Eighth National People's Congress on May 15, 1996,[2] a year prior to the Hong Kong handover and came into effect on July 1, 1997. The explanations concerning the implementation of the nationality of Hong Kong residents is that Hong Kong residents of Chinese descent are Chinese nationals, whether or not they have acquired the right of abode in foreign countries. In effect this means foreign citizenship(s) under the respective foreign laws; the reason for referring to the foreign "right of abode" instead of foreign citizenship is avoid making an exception to, or breaching, the basic principle of Chinese nationality law of non-recognition of dual nationality). Hong Kong residents of Chinese nationality do not lose their citizenship automatically upon acquiring foreign one(s), in spite of the apparent wording of Article 9. Such Chinese citizens who also have foreign citizenship may declare a change of nationality at Hong Kong's Immigration Department, and upon approval, would no longer be considered Chinese citizens. The British Dependent Territories citizen and British Nationals (Overseas) passports held by persons of Chinese descent born in China (including Hong Kong) are not recognized by the Chinese government as such. British Citizen passports held by Chinese Hong Kong residents under the British Nationality Selection Scheme (British Nationality (Hong Kong) Act 1990) are also not recognised by the Chinese government as such. Furthermore, Hong Kong Chinese citizens who hold such passport or have a right of abode in countries outside the PRC are not entitled to British (or any other nation's) consular protection inside the People's Republic of China (including Hong Kong, Macau and the mainland). The Immigration Department is authorised to naturalise foreign or stateless persons as Chinese citizens in Hong Kong, and many residents of South Asian descent, faced with the prospect of their children being stateless, have been naturalised this way since 2001. Similar implementation for Macau was adopted at the Sixth Session of the Standing Committee of the Ninth National People's Congress on December 29, 1998. Unique provision includes clarification for individuals of both Chinese and Portuguese descent, who may choose either Chinese or Portuguese nationality. See also: Right of abode issue, Hong Kong [edit] Citizenship by birthChinese nationality law operates mainly on the basis of jus sanguinis ("right of blood"). On 1st October 1949, most people of Chinese nationality acquired PRC nationality. In general, when a person is born in China, that person is a Chinese national if he or she has at least one parent of Chinese nationality, or if both parents are settled in China and are stateless or of "uncertain" nationality. A foreign-born person with at least one parent that is a Chinese national has Chinese nationality so long as that parent has not "settled" in that country. The term "settled" is usually taken to mean that the Chinese national parent has permanent residency in the country concerned. A person born outside China, including those with parent(s) of Chinese nationality, does not have Chinese nationality if a foreign nationality is acquired at birth, if the Chinese national parent has settled abroad. In China, children born of Chinese-foreign marriages are considered to be Chinese citizens by the PRC government, which can cause complications if a foreign passport is subsequently used to exit China. [edit] Comparison to other countriesThe PRC considers both Hong Kong and Macau to have always been its territories, and persons born in either region before or after their return to Chinese sovereignty are regarded as "born in China". Those who are of ethnic Chinese origin are PRC citizens before and after the handovers. Likewise the PRC considers Taiwan to be its territory, and persons born in Taiwan are considered to be citizens of the PRC (not eligible for right of abode). Conversely Taiwan recognizes persons born in Mainland China to be citizens of the Republic of China, but not necessarily eligible for Taiwan residency. [edit] See also
[edit] References and footnotes
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