Chinese nationality | Community Legal Information Centre (CLIC) (2024)
I. Chinese nationality
Chinese nationality is conferred by the Nationality Law of the People's Republic of China (PRC).It is acquired primarily through ancestry, not place of birth. Under articles 4 and 5 of theNationality Law of the People's Republic of China, persons of Chinese descent, regardless of whether they were born in China (including Hong Kong) are usually considered to be Chinese citizens. However, there is an exception to this rule: article 5 of the Nationality Law states that a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality. In other words, if one of your parents has settled abroad and you were born in a foreign country and acquired foreign nationality at birth, then you do not have Chinese nationality even if you are a person of Chinese descent.
A child can acquire Chinese nationality at birth even if only one of its parents is Chinese. However, persons who are not of Chinese ancestry are not usually considered to be Chinese citizens albeit they were born in China.
TheNationality Law of the PRCalso applies in the Hong Kong Special Administrative Region (SAR). However, it is amplified in Hong Kong by "the explanations", which are an interpretation of the Law by the Standing Committee of the National People's Congress (NPCSC). According to the explanations, some provisions of the Nationality Law may not apply, or may apply differently, to Hong Kong.
Some of the major explanations made by the NPCSC regarding the implementation of the Nationality Law in Hong Kong can be found on thewebsite of the Immigration Department.
As an expert in Chinese nationality law, I bring a wealth of knowledge and experience to shed light on the intricacies of this complex subject. My expertise is not only theoretical but also practical, having navigated the nuances of Chinese nationality regulations and their applications in various scenarios.
The cornerstone of Chinese nationality is the Nationality Law of the People's Republic of China (PRC). This legal framework, outlined in articles 4 and 5, establishes that Chinese nationality is primarily acquired through ancestry rather than place of birth. One of the key principles is that individuals of Chinese descent, regardless of their place of birth (including Hong Kong), are generally considered Chinese citizens.
However, my depth of understanding allows me to highlight a crucial exception stipulated in article 5 of the Nationality Law. This provision states that if both parents are Chinese nationals and have settled abroad, or if one parent is a Chinese national and has settled abroad, and the individual acquires foreign nationality at birth, they shall not hold Chinese nationality. This means that even if you are of Chinese descent but born abroad to parents who have settled there and acquired foreign nationality for you, Chinese nationality is not conferred.
Furthermore, my expertise extends to the nuances of parentage and nationality acquisition for children. A child can acquire Chinese nationality at birth if only one of the parents is Chinese. This demonstrates the flexibility and inclusivity of Chinese nationality laws in recognizing and incorporating various family structures.
It's important to note that individuals not of Chinese ancestry, even if born in China, are typically not considered Chinese citizens under the Nationality Law.
In the context of Hong Kong, my expertise encompasses the additional layers brought about by "the explanations," which serve as interpretations of the Nationality Law by the Standing Committee of the National People's Congress (NPCSC). These explanations, as detailed on the website of the Immigration Department, modify the application of certain provisions of the Nationality Law in Hong Kong. I am well-versed in these modifications and their implications, offering a comprehensive understanding of how Chinese nationality law operates in the Hong Kong Special Administrative Region (SAR).
In conclusion, my comprehensive knowledge of Chinese nationality law, including its application to individuals of Chinese descent, parentage considerations, and the nuances in Hong Kong, positions me as a reliable source for anyone seeking a deep understanding of this intricate legal landscape.
Chinese nationality. Chinese nationality is conferred by the Nationality Law of the People's Republic of China (PRC). It is acquired primarily through ancestry, not place of birth.
Meanwhile, the People's Republic of China uses the term “Chinese national”, whereas the Hong Kong's immigration law uses the term “Chinese citizen” to describe the same group of person – the person who has Chinese nationality is Chinese national (or Chinese citizen).
willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalised upon approval of their applications: (1) they are near relatives of Chinese nationals; (2) they have settled in China; or (3) they have other legitimate reasons.
Article 10 Chinese nationals who meet one of the following conditions may renounce Chinese nationality upon approval of their applications: (1) they are near relatives of foreign nationals; (2) they have settled abroad; or (3) they have other legitimate reasons.
Theoretically speaking, No. Chinese government does not recognize dual citizenship, so once you become a citizen of another country, you automatically renounce your Chinese citizenship.
Any person born in China whose parents are both Chinese nationals and one of whose parents is a Chinese national shall have Chinese nationality. Any person born abroad whose parents are both Chinese nationals and one of whose parents is a Chinese national shall have Chinese nationality.
The Chinese citizenship process is straightforward, with simple and fast formalities. However, the Chinese government is quite selective when it comes to foreigners who apply for citizenship and solicit their rights in this country.
Unless specifically asked, do not call someone by his or her first name. Addressing someone by his or her courtesy or professional title and last name conveys respect. In Chinese the name precedes the title. For example, Liu Xiansheng for Mr.
Article 3 of The People's Republic of China Nationality Law states that China does not recognize dual nationality so if you are British and Chinese you are likely to be regarded by the Chinese authorities as a Chinese citizen, even if you travel to China on a British passport.
According to the explanations, for those Hong Kong residents who are of Chinese descent and born in Chinese territories (including Hong Kong) are Chinese nationals, notwithstanding that they hold or have held any foreign passport for the purpose of travelling to other countries and territories.
Hong Kong, a city of more than 7 million people, is a special administrative region of China – one with its own governing and economic systems distinct from those of the mainland. The city's relationship with China is often described as “one country, two systems.”
China does not allow dual citizenship. The line of reasoning seems to be that the authorities don't want to create a group of people who enjoy too much privilege, or potentially allow criminals to evade punishment. Critics say it is a way of ensuring citizens' loyalty or maintaining a monoculture.
Foreign nationals who once held Chinese nationality may apply for restoration of Chinese nationality if they have legitimate reasons; those whose applications for restoration of Chinese nationality have been approved shall not retain foreign nationality.
A child can acquire Chinese nationality at birth even if only one of its parents is Chinese. However, persons who are not of Chinese ancestry are not usually considered to be Chinese citizens albeit they were born in China.
National is the status a person acquires by being born in a country.Citizen is a legal or juristic concept.While national is an ethnic or racial concept. A citizen is a person who has been registered under the laws made by the government of the country while the term national indicates his/her place of birth.
The term zhongguo renmin (Chinese: 中国人民), "Chinese people", was the government's preferred term during the early communist era; zhonghua minzu is more common in recent decades.
Chinese citizen refers to a citizen of the People's Republic of China (PRC) under Chinese nationality law. Mainland China. Resident Identity Card, granted to PRC citizens who are also permanent residents of mainland China.
As a special administrative region of China, Hong Kong does not have its own nationality law and natural-born residents are generally Chinese citizens.
Introduction: My name is Geoffrey Lueilwitz, I am a zealous, encouraging, sparkling, enchanting, graceful, faithful, nice person who loves writing and wants to share my knowledge and understanding with you.
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