Chinese citizenship

from Wikipedia, the free encyclopedia

The Chinese nationality determines a person belongs to one of the currently existing Chinese state organizations with the associated rights and obligations.

China is a multi-ethnic state, officially recognized as minorities are over fifty "nations." In China, Chinese citizens are called Zhōngguóren ( Chinese  中國 人 ) or Gōngmín ( 公民  - "citizens"), while ethnic Chinese are called Hànrén ( 漢人 ) or Chinese overseas ( 華裔 , Huáyì ).

Historical

The various Chinese empires have distinguished between Chinese and foreign, barbaric foreigners since the Tang dynasty from 645 onwards. The Manchus of the Qing dynasty , ruling 1645–1911, also maintained the separation. Different "nationalities" were recognizable by external characteristics such as (prescribed) clothing or hairstyle, e.g. B. the "rat tail" called braid of the Han Chinese. Subjects of the Qing dynasty were not citizens in the sense of the modern understanding of the nation-state. A more precise definition of “Chinese” or foreigners could not be used before 1860, since entry and exit options were limited or subject to criminal penalties. For example, a precise demarcation in the almost empty Manchu protected area between the Willow Palisade and the border rivers Amur and Tumen had already delimited the Choson dynasty by contract.

Every child of a subject of the Qing dynasty was considered a Chinese / Manchurian subject by birth, even when born abroad (classic ius sanguinis ). It was also assumed that every person living in the country was subject as long as the contrary was not proven ( ius soli ). In general: "Once Chinese, always Chinese."

People who were not children of Chinese parents, but who also had not provided evidence of foreign citizenship, could become Chinese by marrying according to the Chinese rite or by naturalization upon application. A Chinese woman who married a foreigner lost her Chinese citizenship.

More important for the status of the individual during the feudal period was city citizenship, which was only acquired in the third generation. B. brought the right to take part in the local civil service exams.

Russia and China regulated in the Treaty of Nerchinsk 1689 that they each exercised jurisdiction over their own subjects in the border region. Between the Choson dynasty , Korea was under nominal suzerainty of the Qing dynasty, and the Russians treaty delimitations were made in 1886/91.

In the late 19th century it was common for a married woman to automatically acquire her husband's citizenship in almost every country in the world (“subject to the jurisdiction that includes her husband”). The Chinese Empire concluded agreements, u. a. 1889 with Italy and 1888 with the German Empire, which provided that the other side had to report such marriages through official channels. Only then did the change take effect.

Nationality Act 1909

The Japanese Nationality Act of 1899 served as a template . The purpose of the regulation was, above all, to clarify the status of the numerous overseas Chinese, i. H. to secure them as "Chinese" for the empire. Additional provisions issued at the same time regulate questions related to giving up citizenship without a permit and reporting requirements for stays abroad. Citizenship issues were referred to the Ministry of the Interior by the local authority. Approving decisions were effective from the date of publication, and certificates were also issued.

Imperial Chinese citizens were at birth:

  • Children of Chinese fathers (even if the father had died at the time of the birth), regardless of whether the birth took place at home or abroad
  • Children of Chinese mothers, if the father was unknown or stateless
  • foundlings found in China

In order to be able to apply for naturalization, it was necessary that the applicant was innocent, of legal age according to his home law and at least 20 years of age. You had to have lived in China continuously for at least ten years, had to be “of good character” and financially secure. A certified declaration was also to be submitted, "to want to obey the Chinese laws forever." A man's naturalization included a wife (who was not allowed to apply for herself) and underage children, but only if they were under local law thereby (automatically) lost that nationality.
Naturalized persons were excluded from higher civil servant positions, officer service and as mandate holders in city councils etc. for 10-20 years.

Women marrying in, people who were adopted by a Chinese, and illegitimate children of a Chinese woman were automatically naturalized if the foreign father did not recognize them.

Merit naturalizations, possibly without preconditions, were approved by the Ministry of the Interior with the consent of the Ministry of Foreign Affairs.

Release from Chinese citizenship - which also extended to wife and children - was possible upon application. It was denied as long as criminal or civil legal proceedings were pending, taxes were outstanding, military service was due, or officials who were still on active service. Revocation by the authorities was possible in the event of incorrect information, and the applicant may have been detained for 6–12 months.

Anyone who lost their citizenship was no longer allowed to stay in the country and had to sell any property within a year.

Widows and divorced women could apply for naturalization again with their underage children after death / divorce. Otherwise, if approved discharge had taken place, three years of permanent residence was necessary in order to be able to be naturalized again.

Areas with special status

Especially in the leased areas, when there were Weihaiwei , Kiautschou , Kwangtung , Kuang-chou-wan , the Chinese people there had an interest in being naturalized, as they would then enjoy the rights of an extraterritorial in the rest of China. Unlike other foreigners, they were able to move freely in China and were even allowed to own land. The powers that be, however, had very different practices. While the British granted protection to every native as either a “British subject” or a “protected person”, the Germans were extremely restrictive in colonial citizenship matters. The Portuguese were comparatively generous, France demanded a minimum of Western education for full citizenship .

1912 to 1948

Blank passport of the reorganized government of the Republic of China , one of the numerous "governments" that existed in China alongside the Kuomintang regime.

Nationality Act 1912

Soon after the regime change , a new law was passed on November 19, 1912, which was changed into effect by a presidential decree of December 31, 1914. Implementing regulations regulating official channels, uniform forms and formal requirements were issued on November 3, 1913 and were changed on February 12, 1915. Notices of citizenship came into force on the day of their publication in the Official Gazette.

Little changed formally, but the structure was redrafted. The waiting period for naturalization has been shortened to five years; for men marrying in, three years of residence in China was sufficient. There were also reliefs for half-Chinese, (adult) children of overseas Chinese without Chinese citizenship, foreigners born in China, etc.

The embargo for high offices was halved, in the military only the general ranks were banned. Merit naturalizations were also possible under simplified or without preconditions. The decision on this now rests with the Council of Ministers, and from 1915 with the President.

Re-naturalization was no longer tied to a three-year stay in the country. However, good repute and financial stability were required.

The reasons for the loss remained essentially unchanged, only a few points on the procedure and the application requirement changed.

Nationality Act 1929

A new citizenship law was passed on February 5, 1929.
It had become necessary because the new civil code brought fundamental changes in family law. The Ministry of the Interior was responsible. It should be noted that during the “Nanking Decade” (1927–37) only a small part of China was under the administrative control of National China.

There was also an “Ordinance on the Confirmation of Citizenship of Chinese Abroad”. Such documents were issued in three languages, were valid for an unlimited period and could contain the names of minor children.

With regard to the conditions of acquisition and loss, little changed in essence. A man's naturalizations automatically included his wife and minor children. It was considered that even if a foreign citizenship is voluntarily accepted, the Chinese citizenship is only lost if permission has been given. A decree by the Ministry of the Interior stipulated that children from the marriage of an overseas Chinese with a foreigner are also Chinese citizens from birth.

China ratified the "Hague Convention on Citizenship Issues 1930" on February 14, 1935.

Since the liberation

Certificate of Release from Chinese Citizenship.

An important element of evidence for citizenship matters are the household records, at the same time proof of residence, which are known on the mainland as Hukou books ( 戶口 登記 本  /  户口 登记 本 , hùkǒu dēngjìběn  - "family notebook "). The regional Public Security Bureau ( 公安局 , gōng'ānjú ) is responsible for managing and accepting citizenship matters. The Ministry of Public Security , which has been responsible since January 23, 1956 , then makes decisions .

In the transitional period after the liberation, national Chinese laws only continued to apply if they were approved as "not oppressing the people". Such approval for the 1929 Citizenship Act was never promulgated. However, the people's government always acted pragmatically in legal matters, as in other cases, so that the principles may have continued to apply, taking into account the equality of women.

It was therefore the case that a woman no longer automatically follows the nationality of the man, be it in the event of marriage or change on his part. Children with only one Chinese parent also become Chinese from birth, and those born out of wedlock continued to be explicitly recognized. The application for release from citizenship remained subject to approval.

Returning overseas Chinese citizens were reintroduced into the country from the 1950s onwards, with no red tape, with the loss of foreign citizenships. In 1949-61 over half a million overseas Chinese returned home to the mainland.
After 1954, there were no release permits for those living abroad. Since 1956, overseas Chinese with dual citizenship have been given free choice.

International treaties

Given the large number of overseas Chinese living in Indonesia, the two countries signed a treaty on dual citizenship on April 22, 1955. An option period for two-year-olds of legal age and dual citizenship was planned. Wives could decide for themselves. Thousands of the so-called Yìnní guīqiáo ( 印尼 歸僑 ) returned to China. If a declaration of option was not submitted, the citizenship of the father was considered to be an automatically applicable connecting factor.

The Sino-Burmese border treaty of Oct. 1, 1960 gave people in affected areas the option of acceptance within two years or unhindered relocation.

The provisions of the agreement with Nepal regarding Nepalese dual nationals residing in Tibet were similar. They could opt for China within one year if they were over the age of 18.

Joint declarations on freedom of choice for dual nationals were drawn up with Malaysia (May 31, 1974), the Philippines (June 9, 1975) and Thailand (July 1, 1975) on the occasion of the diplomatic recognition of the People's Republic.

Nationality Act 1980

Dual citizenship is not provided for and is not recognized. The practice since 1956 of no longer insisting on dismissal permits when a Chinese voluntarily accepts foreign citizenship has now become official.

Any child born to a Chinese or stateless person becomes a Chinese citizen by birth domestically.
In the case of birth abroad, the restriction applies that this does not apply if one or both parents are born in another nationality or have permanently settled there.

The birth of a child with a Chinese parent in Germany can be problematic if there is no birth permit from the family planning office, which was dissolved in 2013, as the newborn's entry into the Hukou is then refused. At the same time, recognition of a foreign citizenship acquired per ius sanguinis is prohibited.

Naturalizations, which never affect family members unless requested to do so, are possible for residents of China or if there are close family ties. Constitutional and legal compliance is expected. Re-naturalizations are possible “for good reason”. In both cases, foreign citizenships are lost.

Naturalizations of “real” foreigners, d. H. According to the Chinese definition, non-members of the 56 recognized ethnic groups (which includes Vietnamese and Koreans) hardly occur. The census data for 2000 showed 941 naturalized people living in the country, ten years later there were 1448.

The reason for loss remains the voluntary acceptance of a foreign nationality. You can be dismissed on request if there are close family ties to a foreigner or if you are permanently abroad or if there is another good reason.

Special rules apply to Macau and Hong Kong .

Territories not under the direct administration of the PRC

“Entry & Exit Permit” for mainland Chinese traveling to Taiwan Province, which has been allowed since 2008, but for which a passport cannot be used as it is only used for international travel.

Although all citizens of the three areas with special status that exist today are legally all “Chinese citizens”, there is a confusing multitude of required (residence) permits and passport replacement papers when traveling. B. Kinmen-Matsu Permit ( Chinese  金馬 證 , Pinyin Jīnmǎzhèng , Pe̍h-ōe-jī Kim-Má-chèng ) for people with a household register in Kinmen , the Matsu or Penghu Islands to travel to the mainland.

Taiwan

Ordinance on citizenship choices in Taiwan, which became Japanese in 1895.

At the time of the Japanese administration from 1895 to 1945, the residents of Chinese descent were Japanese subjects with limited civil rights. At first they kept their “Chinese nationality” so that travel to the mainland was possible.

The Citizenship Act of 1929 initially continued to apply. The ordinance on citizenship certificates to be issued upon application was revised on October 6, 1956.

Since 1948 the remnants of the Kuomintang government have ruled only over the island of Taiwan, which China regards as a "breakaway province" but not a separate state. Because of its big brother USA, also military support, the national Chinese regime remained as the official representative of China in the UN until 1971. The Americans did not withdraw diplomatic recognition from them until 1979, but continued to guarantee military protection. In view of their economic strength, many states, under formal legal contortions, regard the island administration as a separate country. It also meets the requirements of the definition of a state under the Montevideo Convention . The residents there are “citizens of China who live in Taiwan.” Since the end of 2015, they have been able to settle in the liberated part of China with only minor restrictions on land acquisition. A special law regulates further details, in which the transfer of a household register to a place on the mainland is equivalent to the acceptance of the citizenship.

The Nationality Act of 1929, as amended, continues to apply under the control of the provincial government of Taiwan. The KMT regime's claim to sole representation, which was claimed until 1991, was difficult to combine with the strict principle of descent propagated in 1929, so that double citizenship was (tacitly) tolerated for overseas Chinese wishing to settle. Non-Chinese guest workers were only allowed into the country from 1989, but their stay was limited to a non-extendable three years, so that naturalizations only occurred in connection with the tens of thousands of prostitutes from Southeast Asia who had married in since the 1980s.
Mainland Chinese coming to Taiwan are treated legally like other foreigners.

Reform in 2000

The change in law that came into force on February 2, 2000 enabled third-country nationals to be naturalized independently. There were also reliefs for dual nationals when accepting certain positions in the civil service. Ius soli continued to apply only to foundlings or descendants of stateless people.

Naturalizations for adults
  • five years of legal residence in the country (periods as a family member or student etc. do not count), evidenced by possession of an alien resident certificate, for which a health certificate is required. The deadline is 3 years for Chinese or their spouses.
    • After ten years there is a naturalization claim, also for foreign children of the second generation after a three-year waiting period.
  • Orderly financial situation or income (up to 2009: NT $ +5 million or work at double the minimum wage; since then reduced to “not dependent on state transfers”).
  • since 2005: language skills, proven by examination
  • Integrity (certificates of good conduct from the provincial administration and the home country)
  • Proof of release from foreign citizenship (with a few exceptions)

Among the 84,513 applicants between 1982 and 2015, fewer than 1,500 were from developed countries. Naturalization is particularly attractive for women from Southeast Asia who marry in (an average of 90–95 percent of all applicants in those years), since access to the state health insurance system is linked to the possession of a family book. H. Possession of nationality. The immigration law regulations for guest workers are still such that they cannot reach the five-year waiting period.

Highly qualified and investor naturalization

Highly qualified foreigners ( 高級 專業 人才 ) can get an Alien Permanent Resident Certificate ( 梅花 卡 , Méihuā kǎ , English Plum Blossom Card ). Since December 2017, if you apply for Chinese citizenship that is not very attractive internationally, you can no longer give up your previous one.

Investors who bring at least NT $ 6 million into a private company, if they have a resident guarantor, can apply for naturalization usually after three years of permanent residence. Alternatives are the creation of at least five jobs and an investment of over NT $ 15 million or the purchase of government bonds for NTD $ 30 million.

Hong Kong

Chinese people living in Hong Kong or Macau need a home travel permit to enter the mainland ( 港澳 居民 來往 內地 通行證 , short: Huíxiāngzhèng , English until 1999: Home-visiting Certificate for Compatriots from Hong Kong and Macau ). Shown here (from left), Hong Kong SAR passport, home travel permit model 1999 and 2013.
British rule

During the colonial period, the British Nationality and Status of Aliens Act 1914 initially regulated nationality uniformly for “British Crown Dominions”.

Later the British Nationality Act 1948 was issued which regulated the status of colonial subjects ("British subjects").

1981 to 1997

The British Nationality Act 1981 , which came into force on Jan. 1, 1983, was deliberately designed so that Hong Kong Chinese could not, if possible, obtain a right of residence in Great Britain as full British citizens. They received the status of a British Dependent Territories citizen (BDTC), which could be "upgraded" by registration to a British National (Overseas) (BNO), with the right of permanent residence in Hong Kong, until the handover in 1997 . There was an additional British Nationality (Hong Kong) Selection Scheme , which allowed a small number of public servants and the wealthy to become full British citizens. Chinese governments do not recognize the non-inheritable BNO status.

"One country, two systems"
Passports from China and the SARs are not recognized between each other, mainland Chinese need an Exit-Entry Permit for Traveling to and from Hong Kong and Macau “Two way permit,” effectively a visa for short-term stays.

Many civil rights in Hong Kong (and Macau) are not tied to Chinese citizenship, but to permanent residence. Otherwise, however, the 1980 law has also applied in these territories (SAR) since the change of sovereignty. This also means that all children born in these two areas with even one Chinese parent are Chinese, whose second nationality, if any, is not recognized by China.

At the Immigration Department in Hong Kong, with an average of 1500 people per year (2014/15), significantly more people are naturalized than on the mainland.

Mainland Chinese who want to settle in the SAR as part of family reunification must apply for a so-called one-way permit , for which there are long waiting times and quotas.

Macau

Portugal, whose sovereignty over Macau was not formally recognized by China until 1887, has always been generous in questions of naturalization. The basic requirement was, above all, the "possession of a stove," d. H. an independently operating household. Mixed race (“Macanese”) were considered Portuguese. Before the transfer of sovereignty, the stricter Portuguese Citizenship Act of 1981 was current . Nevertheless, Portuguese passports were issued to around 100,000 people before 1999, although only around one percent of the well over half a million inhabitants spoke this language.

Due to the complexity of the situation, there are a large number of identification documents for residents of Macau for travel purposes. On the one hand, the Portuguese identity card (called CI , port .: Cartão de Cidadão ), the Macau Resident Identity Card as proof of the right of permanent residence (after seven years), for Chinese the Macao Special Administrative Region passport and for non-permanent foreigners the special travel card for Hong Kong. The Chinese also need special ID cards, B. Want to visit family on the mainland. All of this despite the fact that there is “only one Chinese citizenship”.

Citizenship of overseas Chinese

In view of the wandering crowds, one became aware of the yellow danger . Chinese immigration was banned in Australia 1896 / 8-1973 (“ White Australia Policy ”), Canada and the USA.

There were several waves of emigration from China in the 19th and 20th centuries. The (descendants of these) overseas Chinese make up substantial parts of the population in the Southeast Asian countries today. Around 1900 a good ten million Chinese were living abroad. Many of them lived in tropical colonial areas as contract workers, many of whom were kept under conditions similar to slavery. The colonial powers created special communal laws for the Chinese in their possessions.

Chinese living abroad who wanted to take on foreign citizenship had to apply nominally for a difficult-to-obtain special permit from the government before the end of the imperial era. However, there were no control options.

The amendments to the 1909 law stipulated that all Chinese who were born abroad and who lived there for a long time would continue to be regarded as such, even if they had acquired other citizenships without authorization.

The two competing governments set up special departments for overseas Chinese. In Beijing there were such offices from 1949-1970 and again from 1978-2018 ( 國務院 僑務 辦公室 , Guówùyuàn Qiáowù Bàngōngshì , English Overseas Chinese Affairs Office of the State Council ). In Taipei, the department ( 僑務 委員會 , Qiáo Wù Wěiyuánhuì , English Overseas Community Affairs Council, until 2006: Overseas Chinese Affairs Commission ) belongs to the Executive Yüan, but has its own minister of state.

In 2016, 9.6 million emigrants from the People's Republic of China lived abroad or in one of the two special administrative zones, which corresponds to 0.7 percent of the total population of the country.

See also

literature

  • Betz, H .; A Chinese Citizenship Law; Leaflets for comparative law and economics, 1910/11, p. 29
  • Deißner, Susanne; Interregional private law in China: at the same time a contribution to Chinese IPR; Tübingen 2012 (Mohr Siebeck); ISBN 9783161521799 ; [Diss. Cologne, 2008]
  • English translation of the 1929 Act in: Flournoy, Richard; A Collection of Nationality Laws of Various Countries, as Contained in Constitutions, Statutes and Treaties; New York 1929 (Oxford University Press), pp. 174-8
  • Hayata, Y .; Lex Patriae of Chinese and Koreans; Japanese Annual of International Law, 1965 (No. 9), pp. 57-68
  • Low, CC; Taiwanese and German Citizenship Reforms: Integration of Immigrants without challenging the Status Quo, 1990-2000; European Journal of East Asian Studies, Vol. 12 (2013), No. 2, pp. 269-294
  • On citizenship in Manchukuo : Manshūkoku kokuseki narabi ni kaisha kokuseki oyobi shihon hōsaku, vol. 4 of the series 大 東 亜 法 秩序 ・ 日本 帝国 法制 関係 資料. 第 3 期. 第 21-35 卷, 満 洲 国 関係 ・ 蒙 彊 政府 関係 資料 ; Tokyo 2009 ( 龍溪 書 舎 Ryūkei Shosha ); ISBN 9784844754855
  • Nationality Law of the People's Republic of China , 1980, engl. Practice
  • Suryadinata, Leo; China's Nationality Laws and the Chinese Overseas; in: Indian and Chinese Immigrant Communities; 2015 (Cambridge University Press)
  • Tomson, Edgar; Citizenship law of the East Asian countries: China-Japan-Korea-Mongolia; Frankfurt 1971; Pp. 23–170, with ex. Legal texts

Individual evidence

  1. ↑ See Zang Xiaowei; Ethnicity in China: a critical introduction; Cambridge 2015 (Polity Pr.); ISBN 9780745653600
  2. ↑ See Hobsbawm, Eric J .; Nations and nationalism since 1780: Program, myth, reality; Cambridge 1992 (Cambridge University Press)
  3. ↑ Their subjects were forbidden to leave the country since 1686. People found illegally were extradited to their respective jurisdictions. Here, too, the defining characteristics were language and clothing. See Park, Alyssa M .; Sovereignty experiments: Korean migrants and the building of borders in northeast Asia, 1860-1945; Ithaca 2019 (Cornell University Press); ISBN 9781501738364 ; ch. 1: Borderland and prohibited zone.
  4. ↑ Dutch East Indies introduced the Ius soli nationality acquisition for children of the second generation in 1907 . However, the communalist policy ensured that restrictions in civil law continued to exist for the vreemde oosterlingen and that special taxes were levied on the Chinese.
  5. ↑ Further reading: Tan, Carol GS; British rule in China: law and justice in Weihaiwei 1898-1930; London 2008 (Wildy, Simmonds and Hill Pub.); ISBN 9780854900268
  6. ↑ Including the ban on mixed marriages introduced in 1904/8. The possibility (in the StaG or RuStaG in conjunction with SchGG ) to be naturalized by appointment as a civil servant only applied to the Reich service, not at the local level and did not occur. See Nagl, Dominik; Borderline cases; Frankfurt 2007 (Peter Lang)
  7. ↑ Chin. u. Engl. In: Commission on Extraterritoriality; Revised Law of Nationality; Peking 1925. German: Tomson (1971), pp. 127-30.
  8. ↑ Oct. 1911–1919: 政府 公報 , Cheng-fu kung-pao. 1925-48: 国民 政府 公報 , Kuo-min Cheng-fu kung-pao .
  9. ↑ Formalities regulated the implementation ordinance of Feb. 15, 1929 in Flournoy; German Tomson (1971), chap. IV and text pp. 130-4.
  10. ^ Civil code of the republic of China , Shanghai 1930 (Kelly & Walsh)
  11. ^ From October 2, 1929, which was revised on June 4, 1943. Regarding the certificates to be issued, the ordinance of the Minister of the Interior of October 25, 1946.
  12. ↑ No. 4001 of April 10, 1940.
  13. ↑ Regulation text in Fa-kuei hui-pian; Peking 1957, Vol. 3, pp. 173-6.
  14. ↑ Article 17 of the general program of the political consultative conference of the Chinese people of September 29, 1949 (Ger. In ZaöRVR , Vol. 13 (1950), pp. 837-58), i. V. m. the decision of the 1st plenary session of the National People's Congress in 1954.
  15. ^ Which found expression in the progressive marriage law of 1950, which was unique in the world at the time: marriage law of the People's Republic of China; Journal for Foreign and International Private Law, Vol. 16 (1950) No. 1, pp. 112-26
  16. ^ Corresponding inquiries from the Dutch Chargé d'Affaires from 1956 and 158, cf. Hecker, Hellmuth; The right of citizenship in China; Registry office (StAZ), 1959, pp. 301–4. Similar to the information from the FRG consul general for Hong Kong, quoted in in StAZ, 1969, pp. 307-8.
  17. ↑ Wang, C .; Guiqiao: returnees as a policy subject in China; Newsletter of the International Institute of Asian Studies (IIAS), No. 50 .
  18. ↑ Further information: Low, CC; Same System, Different Outcomes: Comparing the Implementation of Dual Nationality Treaties in East Germany and China; Europe-Asia Studies, Vol. 67 (2015), pp. 1656-1684
  19. ↑ On the Indonesian side, adopted by Law No. 2 of 1958, in force on January 20, 1960. Formal requirements governed by a further agreement of 23/24. Dec. 1960 (official English translation from the Indonesian Foreign Ministry No. P / 90/60). In addition implementation agreement of Aug. 14, 1962. After diplomatic relations were broken off in 1967, repealed by Indonesian law in 1969 (text in Constitution and Law in Übersee, 1969, No. 4, pp. 487-90).
  20. ↑ Wang, C .; Huang, Jing; Desiring homeland: the return of the Indonesian-Chinese women to Maoist China; Lecture given at the 5th Biannual International Symposium on Transnational Migration and Qiaoxiang Studies; Wuyi University, Jiangmen, China 08-10 Dec 2018.
  21. ↑ Sept. 20, 1956, amended on Aug. 14, 1962.
  22. ↑ texts in: Suryadinata, Leo; The Ethnic Chinese Dimension; Singapore 2005 (Marshall Cavendish Academic)
  23. ↑ 國家 人口 和 計劃生育委員會 , Guójiā Rénkǒu Hé Jìhuà Shēngyù Wěiyuánhuì , English National Population and Family Planning Commission
  24. ↑ Already by ordinances of the Ministry of the Interior, No. 4002 (Oct. 21, 1943) and No. 4003 (Feb. 18, 1944) it was determined as a precaution that after the end of the war, as a result of which Formosa was expected to be returned to National China, the Chinese living there should be considered citizens from birth. This provision also had significance for the Taiwanese who remained in Japan after 1945; as members of a victorious power there they were privileged until the conclusion of the Sino-Japanese peace treaty on April 28, 1952. Chinese married to Japanese women were also allowed to become citizens (again) (Ordinance of the Ministry of the Interior, No. 4004 of April 14, 1947, extended October 6, 1956). The group of eligible applicants was expanded again by the ordinance of April 27, 1950 ( 行政院 , Xíngzhèng Yuàn , English Executive Yuan , No. 2295).
  25. ↑ “The state as the subject of international law should have the following properties: (a) a permanent population; (b) a defined national territory; (c) a government; and (d) the ability to relate to other states. ”If the state definition is dependent on international recognition, the regime is on a par with the Turkish Republic of Northern Cyprus or South Ossetia . In formal legal terms, 14 countries recognized Taiwan diplomatically at the beginning of 2020, compared to 19 in 2018. These are mainly the poorer countries of Central America and some Pacific islands, which can be bought with generous development aid.
  26. ↑ 兩岸 人民 關係 條例 , Liǎng'àn rénmín guānxì tiáolì
  27. ↑ 國籍法 , legal text i. d. F. 2017-12-21.
  28. ↑ Damm, Jens; Overseas Chinese and Taiwan: unresolved questions of identiting; in: Taiwanese Identity from Domestic, Global Perspective; Berlin 2007 (Lit Verlag), pp. 79-100.
  29. ↑ Shao Dan; Chinese by definition: Nationality law, jus sanguinis, and state succession, 1909-1980; Twentieth-Century China, Vol. 55 (2009), No. 1, pp. 4-28.
  30. ↑ Announcement date Feb. 9, 2000 (!)
  31. ↑ 4 & 5 Geo. c.17, in force Jan. 1, 1915.
  32. ↑ 11 & 12 Geo. 6 c. 56, in force Jan. 1, 1949.
  33. ↑ In detail: British nationality law and Hong Kong
  34. ^ People's Republic of China Permit for Proceeding to Hong Kong and Macao
  35. ↑ Visit Permit for Residents of Macao to HKSAR
  36. ↑ Mainland Travel Permit for Hong Kong and Macao Residents , in addition for longer stays since September 2018 also a Residence Permit for Hong Kong, Macao, and Taiwan Residents .
  37. ↑ Difficult 1885-1923 ( Chinese Immigration Act, 1885 ) and 1947-2005, completely banned in between ( Chinese Immigration Act, 1923 )
  38. ↑ Restricting: Anti-Coolie Act of 1862, Exclusion of Women: Page Act of 1872, Prohibition with a few exceptions: Chinese Exclusion Act 1882, essentially valid until 1965.
  39. ↑ James Jiann Hua To; Qiaowu: Extra-Territorial Policies for the Overseas Chinese; Leiden 2014 (Brill Academic Publishing)

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