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{{short description|none}} <!-- "none" is preferred when the title is sufficiently descriptive; see [[WP:SDNONE]] -->
{{about|nationality law in
{{good article}}
{{Use mdy dates|date=April 2022}}
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| image = National Emblem of the People's Republic of China (2).svg
| enacted_by = [[5th National People's Congress]]
| territorial_extent = [[
| date_enacted = September 10, 1980
| date_effective = September 10, 1980
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Before the mid-19th century, nationality issues involving China were extremely rare and could be handled on an individual basis.<ref name="Shao9">{{harvnb|Shao|2009|p=9}}.</ref> [[Customary law]] dictated that children born to Chinese subjects took the nationality of the father, but did not have clear rules for [[renunciation of citizenship]] or the [[naturalization]] of [[Alien (law)|alien]]s.<ref>{{harvnb|Chiu|1990|p=7}}.</ref> Imperial Chinese subjects were traditionally severely restricted from traveling overseas and international travel was only sanctioned for official business.<ref name="Chiu3">{{harvnb|Chiu|1990|p=3}}.</ref> Disputes arising from nationality questions became more common as the [[Qing dynasty]] was forced through a series of [[unequal treaties]] to open up trade with Western empires and allow its subjects to migrate overseas.<ref name="Shao9" /><ref name="Chiu3" />
The Qing government created the first Chinese nationality law in 1909, which defined a Chinese national as any person born to a Chinese father. Children born to a Chinese mother inherited her nationality only if the father was [[statelessness|stateless]] or had unknown nationality status.<ref name="Shao5">{{harvnb|Shao|2009|p=5}}.</ref> Women who married foreigners lost Chinese nationality if they took the nationality of their husbands.<ref name="Chiu8">{{harvnb|Chiu|1990|p=8}}.</ref> Nationality could be inherited perpetually from Chinese fathers, making it difficult to lose for men.<ref>{{harvnb|Shao|2009|p=19}}.</ref> These regulations were enacted in response to a 1907 statute passed in the [[Netherlands]] that retroactively treated all Chinese born in the [[Dutch East Indies]] as Dutch citizens.<ref>{{harvnb|Chiu|1990|p=5}}.</ref> ''[[Jus sanguinis]]'' was chosen to define Chinese nationality so that the Qing could counter foreign claims on [[overseas Chinese]] populations and maintain the perpetual [[allegiance]] of its subjects living abroad through paternal lineage.<ref>{{harvnb|Shao|2009|pp=13–14}}.</ref>
The 1909 law placed restrictions on Chinese subjects with [[multiple citizenship|dual nationality]] within China. At the time, foreign powers exercised [[extraterritoriality]] over their own nationals residing in China. Chinese subjects claiming another nationality by virtue of their birth in a [[Foreign concessions in China|foreign concession]] became exempt from Qing taxation and legal jurisdiction within Chinese borders.<ref>{{harvnb|Shao|2009|pp=10–11}}.</ref> A strict policy against automatic expatriation was adopted to prevent this; a Chinese individual's foreign nationality was not recognized by Qing authorities unless specifically approved.<ref name="Chiu8" /> Foreigners who acquired Chinese nationality were subject to restrictions as well; naturalized Qing subjects could not serve in high military or political office until 20 years after becoming a Chinese national, and only with imperial authorization.<ref>{{harvnb|Tsai|1910|pp=407–408}}.</ref>
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Despite nominal constitutional protections against [[arbitrary arrest and detention]], law enforcement in mainland China may either detain any citizen or ban any citizen from leaving the country, even without the issuance of any formal [[arrest warrant]]s or explicit authorization from judicial authorities.<ref>{{harvnb|Chen|Cohen|2018|p=4}}.</ref><ref>{{Cite web |title=China is preventing tens of thousands of people from leaving the country, new report shows |url=https://www.sbs.com.au/news/article/china-is-preventing-tens-of-thousands-of-people-from-leaving-the-country-new-report-shows/68j7os4p7 |access-date=2023-05-04 |website=SBS News |language=en}}</ref><ref>{{harvnb|Constitution of the People's Republic of China}}, Article 37.</ref> Political [[dissident]]s and their families are often subject to house arrest within the country.<ref>{{harvnb|Chen|Cohen|2018|pp=8–9}}.</ref> Invasive personal surveillance on the political dissidents, by the Chinese Communist Party, is conducted within the country and even abroad in foreign jurisdictions (with the assistance of foreign nationals).<ref>{{Cite news |last=Borger |first=Julian |date=2023-04-18 |title=FBI arrests two New Yorkers accused of running covert Chinese police station |language=en-GB |work=The Guardian |url=https://www.theguardian.com/world/2023/apr/17/chinese-police-station-china-dissidents-fbi-arrests |access-date=2023-05-04 |issn=0261-3077}}</ref><ref>{{Cite news |last=Henley |first=Jon |last2=correspondent |first2=Jon Henley Europe |date=2022-10-26 |title=China using illegal police bases in Netherlands to target dissidents, say reports |language=en-GB |work=The Guardian |url=https://www.theguardian.com/world/2022/oct/26/china-using-police-bases-in-netherlands-to-target-dissidents-say-reports |access-date=2023-05-04 |issn=0261-3077}}</ref><ref>{{Cite news |title=China’s spies are not always as good as advertised |work=The Economist |url=https://www.economist.com/china/2022/06/01/chinas-spies-are-not-always-as-good-as-advertised |access-date=2023-05-04 |issn=0013-0613}}</ref> It has been observed that mainland authorities will occasionally perform [[extraordinary rendition]] on Chinese citizens, abducting individuals of interest who are overseas and forcibly returning them to China.<ref>{{harvnb|Chen|Cohen|2018|pp=2–3}}.</ref>
In regards to the scope of nationality as conducted in practice by the Chinese government, ''[[Foreign Policy (magazine)|Foreign Policy]]'' Kris Cheng columnist has argued that "If you have ever held or could have held Chinese citizenship, you are a Chinese national unless Beijing decides you are not."<ref>{{cite web |date=2021-02-25 |title=China's Nationality Law Is a Cage for Hong Kongers |url=https://foreignpolicy.com/2021/02/25/china-hong-kong-nationality-law-british-national-overseas-passport-visa/ |url-status=live |archive-url=https://web.archive.org/web/20210308022010/https://foreignpolicy.com/2021/02/25/china-hong-kong-nationality-law-british-national-overseas-passport-visa/ |archive-date=March 8, 2021 |access-date=2021-03-07 |work=[[Foreign Policy (magazine)|Foreign Policy]]}}</ref> The restrictions on the recognition of dual nationality in the eyes of the Chinese government has led to conflicting circumstances like those which Yuan Yang of ''[[Financial Times]]'' has cited in that the Chinese authorities in 2015 treating the case of the writer [[Gui Minhai]] as a Chinese national
=== Hong Kong and Macau ===
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[[Category:Chinese nationality law| ]]
[[Category:Nationality law]]
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