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Chinese Nationality Law




This article concerns the Chinese nationality law of the People's Republic Of China .

Generally, Chinese citizenship is obtained by birth in China when at least one parent is an ethnic Chinese with Chinese nationality or by naturalization.


BIRTH IN CHINA


In general, any person born in China whose parents are both ethnic Chinese or one of whose parents is an ethnic Chinese has acquired Chinese nationality at birth. Also, any person born in China whose parents are stateless or of uncertain nationality and have settled in China acquired Chinese nationality at birth.

Most ethnic Chinese born in China before 1949 acquired Chinese nationality on 1 October 1949 if still living at that date.

''Note: In China mainland, ethnic Chinese with a foreign family name are not normally recognized as ethnic Chinese by the Chinese government, therefore generally ineligible for Chinese nationality on birth.''

The PRC recognises persons born in Hong Kong and Macau before and after their handovers as "born in China". These people of ethnic Chinese origin are also PRC citizens. See Chinese Nationality Law And Hong Kong

The PRC also recognises ethnic Chinese people in Taiwan as its nationals. These people are not able to use their Republic Of China (Taiwan) passports to enter mainland China. They must obtain a special permit issued by the PRC for entering the Mainland China (in some cases this permit can also be used to enter Hong Kong)


NATURALIZATION AS A CHINESE CITIZEN


Foreign ethnics or stateless persons who are willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalized upon approval of their applications

  • they are near relatives of Chinese Nationals (ethnic Chinese)

  • they have settled in China

  • they have other legitimate reasons


''Note: On acquire of Chinese nationality, one must renounce his/her original nationality since dual nationality is normally not allowed under the Chinese nationality law.''

Though in practice, naturalization as Chinese citizen by foreign ethnics seldom happen (one example is Michael Rowse in the Hong Kong SAR ), mostly due to foreign ethnics seldom want to give up their original nationality and approval from the Chinese government is rare.


LOSS OF CHINESE CITIZENSHIP


The Chinese government does not recognize dual nationality, therefore any ethnic Chinese who has settled abroad and who has been naturalized in foreign country or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.

''Note: There are some Exceptions when this rule is applied in Hong Kong and Macau.''

One of also choose to renounce Chinese nationality if they meet one of the following conditions:

  • they are near relatives of foreign nationals (foreign ethnics)

  • they have settled abroad

  • they have other legitimate reasons



CHINESE NATIONALITY LAW AND HONG KONG


The PRC Government recognises all ethnic Chinese people in Hong Kong as its citizens before and after the handover. They must obtain a Home Return Permit to enter the Chinese mainland. Even many (not all) Hong Kong Chinese people hold Various Kinds Of Colonial British Passports and foreign passports, these statuses are never recognised by the PRC.

Hong Kong ethnic Chinese with British National (Overseas) status, or acquired British Citizenship through the British Nationality Selection Scheme before the Handover Of Hong Kong are not recognised by the Chinese government as they have lost their PRC Citizenship automatically. These people have no way to renounce their Chinese nationality.

Hong Kong ethnic Chinese with other foreign passports are not recognised by the Chinese government as they have lost PRC nationality automatically. However, They can opt to renounce their Chinese nationality by "making a declaration of change of nationality" at the Hong Kong Immigration Department.

On July 1 1997 at the time of handover, these Hong Kong based PRC citizens are also eligible for the HKSAR Passport issued by the Hong Kong Government .

Foreign ethnics who gained permanent resident status by settling in Hong Kong are ineligible for HKSAR Passport and Home Return Permit unless they have naturalised as a Chinese citizen at the Immigration Department of the Hong Kong SAR. Before the handover in 1997 these non-ethnic Chinese had no way to access PRC citizenship in Hong Kong.

Even though ethnic Chinese in HK with a foreign family name are eligible obtain Home Return Permit to travel to mainland as they are also PRC Citizens, they are more likely to encounter immigration troubles on the mainland.


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