Nationality Law of the People's Republic of China

The Nationality Law of the People's Republic of China (, ) 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.

Citizenship by birth

In general, any person born within the official borders of the PRCThe official borders of the PRC here means the border as recognized by the PRC government, which includes Hong Kong, Macau and Taiwan, whose at least one of the parents are Chinese national would acquire PRC nationality at birth. Also, any person born in China whose parents are stateless or of uncertain nationality and have settled in China acquired PRC nationality at birth.

Most people who are of Chinese nationality born in China before 1949 acquired PRC nationality on 1 October 1949 if still living at that date.

In China, people who are ethnically Chinese with a foreign family name are not normally recognized as ethnically Chinese by the PRC government, therefore generally ineligible for PRC citizenship on birth.

The PRC recognizes 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 PRC nationality law and Hong Kong.

The PRC also recognizes ethnically Chinese people in places under administration of the Republic of China as its nationals. These people are not able to use their Republic of China passports to enter mainland China since the PRC does not recognize the existence of the Republic of China. They must obtain a Taiwan Compatriot Pass issued by the PRC for entering the Mainland China (in some cases this permit can also be used to enter Hong Kong). Likewise, Taiwan also legally recognizes ethnic Chinese from the mainland, Hong Kong, and Macau as its nationals, but due to administrative directive they are not eligible for the Republic of China passport unless they have settled for a period of time in a third country, and they are still subject to immigration restrictions if they do not have household registration in the Taiwan Area.

Naturalization as a PRC citizen

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

they are near relatives of persons with Chinese nationality
they have settled in China
they have other legitimate reasons

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

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

Loss of PRC citizenship

The PRC government does not recognize dual nationality, therefore any person who is a Chinese national and has settled abroad and been naturalized in foreign country or has acquired foreign nationality of his own free will shall automatically lose the PRC nationality. However there are a number of instances in which the PRC does not recognize the foreign nationality, which occurs with Hong Kong (see below) and Macau.''

One may also choose to renounce PRC 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

State functionaries and military personnel on active service shall not renounce Chinese nationality.

PRC nationality law and Hong Kong

Main article: Home Return Permit

The PRC Government recognizes 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 though many (not all) Hong Kong Chinese people hold various kinds of colonial British passports and foreign passports, these statuses have never been recognized 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 recognized 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 recognized 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 naturalized 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.

Ethnic Chinese in Hong Kong with a foreign family name are not eligible to obtain a Home Return Permit to travel to mainland, they must obtain a visa using their foreign passport just like other foreigners.

PRC nationality and US nationality law

The interaction of PRC and US nationality law places children of PRC nationals who are not permanent residents in the United States in an anomolous situation. Under Article 5 of PRC nationality law these children are considered PRC nationals, and under Article 3 the PRC does not recognize dual nationality. However, under the Fourteenth Amendment to the United States Constitution and subsequent Supreme Court decisions, the United States considers these persons to be citizens of the United States.

As the PRC does not recognize the US passports of these persons, as a matter of policy the PRC will not issue a visa for these persons, and require them to travel to the PRC under PRC travel documents. As a result of a consular agreement between the PRC and the United States, a citizen of the United States who travels in the PRC under a PRC travel document is not subject to consular protection by the United States.

The consular agreement with the United States also affects persons from Hong Kong with British National Overseas citizen, British citizenship and US citizenship which also possess PRC citizenship, as well as those with citizenship for both the Republic of China on Taiwan and United States citizenship. Person with both types of citizenships who travel in the PRC under a travel document issued by the PRC rather than their American passport are not subject to consular protection by the United States, notwithstanding their American citizenship.

External links

Footnotes

Law of the People's Republic of China | Nationality law

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