Chinese Nationality and Dual Citizenship

[jhungary]

@KingMamba - This is for your information, I have decided to do it right and open a page on forum and discuss the Chinese Nationality Law in Chinese Section

Indeed, China does not recognize Dual/Multiple Citizenship

Referring to Hong Kong Immigration department website

http://www.gov.hk/en/residents/immigration/chinese/law.htm

According to Article 5

Article 5:

Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But 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.

However, there is a loophole.

The term "and who has acquired foreign nationality" at play here

as explain by the People Congress on the amendment 2 and 4

2.All Hong Kong Chinese compatriots are Chinese nationals, whether or not they are holders of the “British Dependent Territories Citizens passport” or “British National (Overseas) passport”. With effect from 1 July 1997, Chinese nationals mentioned above may, for the purpose of travelling to other countries and territories, continue to use the valid travel documents issued by the Government of the United Kingdom. However, they shall not be entitled to British consular protection in the Hong Kong Special Administrative Region and other parts of the People’s Republic of China on account of their holding the above mentioned British travel documents.

4. Chinese nationals of the Hong Kong Special Administrative Region with right of abode in foreign countries may, for the purpose of travelling to other countries and territories, use the relevant documents issued by the foreign governments. However, they will not be entitled to consular protection in the Hong Kong Special Administrative Region and other parts of the People’s Republic of China on account of their holding the above mentioned documents.

While 2 illustrate that a British Subject is not recognized in China, and they may not enjoy Consulate Protection in China, yet People Congress maintain that All Hong Kong Chinese compatriots are Chinese nationals, whether or not they are holders of the “British Dependent Territories Citizens passport” or “British National (Overseas) passport”. That made and exception on people who are British Dependent Territories Citizens or British National Overseas. Meaning you can use the British Passport, but you enjoy no protection

While 4 clear the way for Chinese nationals of the Hong Kong Special Administrative Region with right of abode in foreign countries, they may travel with relevant document issued by foreign government. In 4, the people congress did not mention which is the "Foreign Government" and the definition of "Right of adobe" so in effect, there are no specification on nation and type of residence required on this amendment, hence all of the country and all form are approved, until explained again by people congress.

So amendment 4 did not specific any country and any status of residence, and if an American obtain a Chinese passport, and keep permanent residence in America, he can keep the US travel document and while be treated as a Chinese National in China,, however, you are not to seek protection in US embassy.

Don't listen to the Chinese Ultranationalist here, they wanted the Chinese government not to recognize people like me, yet the Chinese government have not act since.

 

[Chinese-Dragon]

China only recognizes one nationality. That is the law.

You are either a Chinese national, or you are not.

You claim to have 5 nationalities, and since you have not surrendered them, you are still considered a foreign national.

Plus you are half Vietnamese anyway. That's not a part of the 56 ethnic groups of China. And we are not an immigration nation like America is.

 

[jhungary]

lol, that's what YOU said, but Hong Kong Government and Hong Kong Immigration department says otherwise.

notice I quoted the Current HKSAR Government website and yes CD only says that by himself lol,
who do you trust?? I will let you decide

Afaik CD is now on a loop

 

[Chinese-Dragon]

lol, that's what YOU said, but Hong Kong Government and Hong Kong Immigration department says otherwise.

No they don't.

You quoted them yourself as saying that Chinese nationality law does not recognize more than one nationality.

Which is in complete agreement with what I'm saying. Thanks for quoting them, I guess?

http://www.gov.hk/en/residents/immigration/chinese/law.htm

Article 2: The People’s Republic of China is a unitary multinational state; persons belonging to any of the nationalities in China shall have Chinese nationality.

Article 3: The People’s Republic of China does not recognise dual nationality for any Chinese national.

There are 56 Chinese ethnic nationalities.

Do you think Vietnamese is one of them? No.

 

[jhungary]

No they don't.

You quoted them yourself as saying that Chinese nationality law does not recognize more than one nationality.

Which is in complete agreement with what I'm saying. Thanks for quoting them, I guess?

http://www.gov.hk/en/residents/immigration/chinese/law.htm



There are 56 Chinese ethnic nationalities.

Do you think Vietnamese is one of them? No.

Go down further a bit on the same page

The explanation 2 and 4 exceed the article 2 and article 3

Dude, you live in Hong Kong Right? Very easy, ask the local Immigration Office.

lol, fact is, they know, and I just renewed my passport. lol. Maybe take it to your local legco rep and express this injustice, I don't care. I believe I can even vote in the next Chief Executive election LMFAO

 

[Aepsilons]

Same thing for Japan. Under Japanese Law there is no such thing as Japanese Dual Citizenship , either one is Japanese citizen or not. One can , through processes, attain Japanese Nationality, but one has to relinquish his or her former nationality for Japanese nationality.

The criteria for Japanese Naturalization are provided in Article 5 of the Nationality Act:

1. Continuous residence in Japan for five years or more
2. At least 21 years old and otherwise legally competent
3. History of good behavior generally, and no past history of seditious behavior
4. Sufficient capital or skills, either personally or within family, to support oneself
5. Stateless or willing to renounce foreign citizenship

 

[Chinese-Dragon]

Go down further a bit on the same page

The explanation 2 and 4 exceed the article 2 and article 3

Dude, you live in Hong Kong Right? Very easy, ask the local Immigration Office.

lol, fact is, they know, and I just renewed my passport. lol. Maybe take it to your local legco rep and express this injustice, I don't care. I believe I can even vote in the next Chief Executive election LMFAO

Well I voted for the pro-Beijing camp (like the vast majority of Hong Kongers did). So I'm happy with the way I voted, and now all the top politicians in the HK government are pro-Beijing, even including our Chief Executive CY Leung.

We've got a complete hold over the HK government. Just look at any of the statements from Chief Executive CY Leung, he is completely pro-Beijing.

And the remaining protestors are getting thrown in jail by the HK police. Polls showed that the vast majority of Hong Konger's wanted the protestors to stop trying to cause trouble and go away.

 

[Aepsilons]

lol, that's what YOU said, but Hong Kong Government and Hong Kong Immigration department says otherwise.

notice I quoted the Current HKSAR Government website and yes CD only says that by himself lol,
who do you trust?? I will let you decide

Afaik CD is now on a loop

Usually from my experience with Chinese who live in Japan, they are either citizens of PRC or Taiwan. For those whom want to gain Japanese Nationality, they have to relinquish their Chinese Citizenship / Taiwanese Citizenship. After they publicly relinquish their former citizenship under observation of Japanese Embassy Staff, they are then stateless. During this time, they can continue with their process for Japanese Naturalization. If they are able to satisfy the 5 requirements, then they will receive Naturalization and become Japanese Nationals, and are Japanese.

They may be ethnic Chinese or Taiwanese and were born in foreign lands but UNDER JAPANESE LAW, they are as Japanese as any other Japanese Citizens.

 

[jhungary]

Well I voted for the pro-Beijing camp (like the vast majority of Hong Kongers did). So I'm happy with the way I voted, and now all the top politicians in the HK government are pro-Beijing, even including our Chief Executive CY Leung.

We've got a complete hold over the HK government. Just look at any of the statements from Chief Executive CY Leung, he is completely pro-Beijing.

And the remaining protestors are getting thrown in jail by the HK police. Polls showed that the vast majority of Hong Konger's wanted the protestors to stop trying to cause trouble and go away.

well, I did not vote for anyone the last time around, and I have to go all the way to Chinese Embassy to renew my Passport crying out loud as I need to do the fingerprint with my passport application, they look at my old passport and I have an Australian Permanent Residence Visa sticked to my old HKSAR passport.

Then I ask them, is there are going to be any problem with that? They said no and I got my passport in 8 weeks again have to go all the way to Chinese Consulate and get it, they are in Redfern behind the university of Sydney so it's a way for me to get there, have to take train-bus-bus.

But hey, you like my new avatar? I am at work so I only get the old one, expired in 2012, new one is safely at home

 

[Snomannen]

You are back, what do you generally think of the mess caused in HK recently?

 

[Aepsilons]

well, I did not vote for anyone the last time around, and I have to go all the way to Chinese Embassy to renew my Passport crying out loud as I need to do the fingerprint with my passport application, they look at my old passport and I have an Australian Permanent Residence Visa sticked to my old HKSAR passport.

Then I ask them, is there are going to be any problem with that? They said no and I got my passport in 8 weeks again have to go all the way to Chinese Consulate and get it, they are in Redfern behind the university of Sydney so it's a way for me to get there, have to take train-bus-bus.

But hey, you like my new avatar? I am at work so I only get the old one, expired in 2012, new one is safely at home

Are you planning to obtain Australian Citizenship? I wonder if they will require you to renege your Chinese Citizenship.

 

[jhungary]

Usually from my experience with Chinese who live in Japan, they are either citizens of PRC or Taiwan. For those whom want to gain Japanese Nationality, they have to relinquish their Chinese Citizenship / Taiwanese Citizenship. After they publicly relinquish their former citizenship under observation of Japanese Embassy Staff, they are then stateless. During this time, they can continue with their process for Japanese Naturalization. If they are able to satisfy the 5 requirements, then they will receive Naturalization and become Japanese Nationals, and are Japanese.

They may be ethnic Chinese or Taiwanese and were born in foreign lands but UNDER JAPANESE LAW, they are as Japanese as any other Japanese Citizens.

yeah, you cannot get Chinese Citizenship now if you have other passport, they will have you renounce and have a paper from the original country saying that you did so.

But the fact is, Hong Kong is a very special place, if you want new passport, you will need to surrender your old passport, but if you HAD them before 1997, you can keep them. So in the end, if you get all yours before 1997, then you can keep as Chinese Government explain that they are still vaild, only not in China. But if you get them after 1997, then you are screwed. Maybe they need to fix that up, I don't know

You are back, what do you generally think of the mess caused in HK recently?

It's a waste of time. No amount of protect can change the Chinese government stance, those dude in China will just sit in front of the TV and laugh, the only thing that damage done to is the Hong Kong Economy.

I think they just want fame or a way out of Hong Kong

Are you planning to obtain Australian Citizenship? I wonder if they will require you to renege your Chinese Citizenship.

I have Australian Citizenship since I was 10, my mother naturalised and I got the Citizenship by dependent

 

[Aepsilons]

yeah, you cannot get Chinese Citizenship now if you have other passport, they will have you renounce and have a paper from the original country saying that you did so.

But the fact is, Hong Kong is a very special place, if you want new passport, you will need to surrender your old passport, but if you HAD them before 1997, you can keep them. So in the end, if you get all yours before 1997, then you can keep as Chinese Government explain that they are still vaild, only not in China. But if you get them after 1997, then you are screwed. Maybe they need to fix that up, I don't know

This is very unique situation ! Really. I feel you on your situation in Australia tho. I'm here in the 'states through H1B visa, and already applying for Resident Visa. If I end up living in the 'states long term im placed in a situation that I'll never be a US citizen or qualify unless i renounce my Japanese Citizenship. America recognizes dual nationality, but Japan does not.

Seriously it sucks! Japanese Law is just do damn strict man, I wish they allowed dual citizenship status!!

I have Australian Citizenship since I was 10, my mother naturalised and I got the Citizenship by dependent

AHHHH...very nice. Lucky you!!

I think they just want fame or a way out of Hong Kong

This Joshua Wong is already set for life. He even has his picture in Time magazine. He's going to be offered a Fulbright scholarship and an H1B to USA, then here he'll study and attain his Ph.D either in political science, he'll be offered prestigious positions in Academia in the US. And will live prestigiously and comfortably behind the white pillars of Academia.

While the rest of his fellow Hong Konger protesters will be targeted for the rest of their lives.

Sucks big time. eh?

 

[jhungary]

This is very unique situation ! Really. I feel you on your situation in Australia tho. I'm here in the 'states through H1B visa, and already applying for Resident Visa. If I end up living in the 'states long term im placed in a situation that I'll never be a US citizen or qualify unless i renounce my Japanese Citizenship. America recognizes dual nationality, but Japan does not.

Seriously it sucks! Japanese Law is just do damn strict man, I wish they allowed dual citizenship status!!

AHHHH...very nice. Lucky you!!

lol, because of my parent, I can literally apply for citizenship of 9 different country at birth. But 4 of them does not recognize dual citizenship, that's why I left with 5. My mother is a Vietnamese-Chinese left Vietnam in the 70s and arrive in Australia. But Vietnam Nationality does not recognize dual citizenship too.

I can claim Spanish and Mexican with my father side, but both not recognize dual citizenship.

I can live in New Zealand and get their citizenship after some year with the trans-Tasman agreement, but I did not bother doing so. I can live and work in NZ with my Australian Passport.

So I feel you brother, to get or to let go....

Now I got :

US Citizenship (Born in the US)
British Citizenship (Mom lived in Hong Kong)
Chinese Citizenship (Hong Kong thing again)
Australian Citizenship (Refugee visa to Australia)
Swedish Citizenship (Cos of my wife lol)

Anyway US Nationality is the easiest to get, follow with Australian, but then the best Citizenship you can get is the EU one, as one passport = 28 Nationality.....Live and work anywhere in EU without restriction

 

[Aepsilons]

lol, because of my parent, I can literally apply for citizenship of 9 different country at birth. But 4 of them does not recognize dual citizenship, that's why I left with 5. My mother is a Vietnamese-Chinese left Vietnam in the 70s and arrive in Australia. But Vietnam Nationality does not recognize dual citizenship too.

I can claim Spanish and Mexican with my father side, but both not recognize dual citizenship.

I can live in New Zealand and get their citizenship after some year with the trans-Tasman agreement, but I did not bother doing so. I can live and work in NZ with my Australian Passport.

So I feel you brother, to get or to let go....

Now I got :

US Citizenship (Born in the US)
British Citizenship (Mom lived in Hong Kong)
Chinese Citizenship (Hong Kong thing again)
Australian Citizenship (Refugee visa to Australia)
Swedish Citizenship (Cos of my wife lol)

Anyway US Nationality is the easiest to get, follow with Australian, but then the best Citizenship you can get is the EU one, as one passport = 28 Nationality.....Live and work anywhere in EU without restriction

OOOO Sugoi!!! You're an International Man then eh!

The only way I can get US Citizenship if if i denounce my Japanese Citizenship, which I will never do.

PS. How's life like there in Australia? Is it true that there are a lot of Koala Bears ?