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The Nationality Law of the People's Republic of China (Chinese: 中华人民共和国国籍法) 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 PRC, whose parents are of Chinese nationality or one of whose parents is of Chinese nationality has acquired 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 mainland 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 Chinese nationality law and Hong Kong.
The PRC also recognizes ethnically Chinese people in places under administration of the Republic of China (Taiwan) as its nationals. These people are not able to use their Republic of China (Taiwan) 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 ethnically Chinese 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.
Note: There are some exceptions when this rule is applied in 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
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.
Even though ethnic Chinese in Hong Kong with a foreign family name are eligible to obtain a Home Return Permit to travel to mainland as they are also PRC Citizens, they are more more likely to encounter immigration troubles on the mainland.
See also
External links
- Nationality Law of the People's Republic of China (from Hong Kong Government website)
- Nationality Law of the People's Republic of China (from PRC government website)
- Nationality Law of the People's Republic of China (in Simplified Chinese)
- Explanations of Some Questions by the Standing Committee of the NPC Concerning the Implementation of the Nationality Law of the PRC in the HKSAR
Footnotes
- The official borders of the PRC here means the border as recognized by the PRC government, which includes Hong Kong, Macau and Taiwan