2022 Olympic Winter Games Beijing

9dashline

Captain
Registered Member
I read somewhere that the West was expecting the Beijing Winter Olympics to be China's Fyre Island, a complete disaster on how the event was operated. Now all they got was spinning how dull it was. Where was the outbreak of COVID-19 they were wishing to happen and spread across the China? US politicians wanted athletes to speak up and they only got were cowardly attention seeking foreign athletes that didn't saying anything until the end and out of the spotlight of their event. You think American athletes wanted to end up in a Chinese prison that US politicians wanted to see happen in their widest fantasies so they can use that in their propaganda? It was their failure that nothing they wanted to see happen occurred at all.
Even China's makeshit modular hospital built in 10 days during the start of Covid was way better than the tents of Fyre festival which all melted away after a morning of rain....

3FB5686600000578-4454690-image-a-12_1493408996889.jpg
 

supersnoop

Major
Registered Member
It isn't like that. China doesn't allow dual citizenship. Therefore, Eileen Gu has to renounce her US citizenship if she wanted to keep her Chinese citizenship.

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But is there any actual check?
Technically the formal renouncement of US citizenship must be made to the US government, not the Chinese government. So you could still get a Chinese passport in the way described above? I think there are many people doing that, it’s just technically illegal. Probably not the situation you would want to be in as a star though…

I don’t think there should be much problem renouncing in reality. What does American citizenship mean really? American citizenship is really just money. There is no healthcare system for citizens, the best is what you can afford. Same with schooling. Technically anyone on American soil is protected by the constitution, but again your best legal protection is being rich (OJ Simpson). Basically an American passport will get you a jump seat on a C-17 if you get stuck in the next US cluster, so she just should avoid Ukraine and Taiwan island.
 

Helius

Senior Member
Registered Member
It isn't like that. China doesn't allow dual citizenship. Therefore, Eileen Gu has to renounce her US citizenship if she wanted to keep her Chinese citizenship.

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China doesn't recognise dual/multiple citizenship/nationality, which is tantamount to not allowing as such.

Eileen is not a Chinese citizen as she was not born in China. She's a Chinese national as her mother is both Chinese national as well as citizen as she was born in Beijing.

Since Eileen was born in the US to an American father she's automatically a US citizen. If she were to acquire Chinese citizenship, then legally her American citizenship is automatically lost per Chinese laws, she doesn't need to renunciate it as such, which is the case with Zhu Yi when she lost her US citizenship to become a sole Chinese citizen by naturalisation, but has been erroneously interpreted as "renouncing".

But all that doesn't mean Eileen is not still a US citizen as far as the US laws are concerned. And she'd be liable to taxes on income earned abroad and of course subject to US jurisdiction wherever that is enforceable, which is why it makes sense for some to renounce their nationality/citizenship voluntarily, whatever it may be, in favour of another, in most cases for tax or personal purposes.
 

taxiya

Brigadier
Registered Member
It isn't like that. China doesn't allow dual citizenship. Therefore, Eileen Gu has to renounce her US citizenship if she wanted to keep her Chinese citizenship.

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As I have posted earlier, in Chinese legal perspective Gu Ailing's US citizenship is void and null to begin with. That means she does not need to renounce something that does not exist in the eyes of China. Such person would be perfectly alright being Chinese citizenship so long as she or he never ever present a US passport in legal and administrative dealings in China's jurisdiction (inside China, or outside to Chinese embassy).

Hearing some chatter within China the government and by extension Chinese media will distance themselves from Eileen Gu post this Olympics, similar to a Kawhi Leonard for Toronto Raptors kind of deal. At the end of the day she's returning to Stanford and won't be giving up her US citizenship, and her legality will always be an issue. She has just under 2 yrs left on her Chinese travel permit before she needs to formally decide, so a lot can happen in the meantime. I hope it's not the case case and she fully returns, but bookmarking this just in case.
See my reply above. She has nothing to give up as far as Chinese national law concerns.

Remember, article 3 of Nationality Law's wording is "China does not acknowledge that Chinese citizen has dual citizenship."
  1. It says that such person is still Chinese citizen.
  2. It does not say such person would be stripped Chinese citizenship.
  3. It does not say such person must renounce the other "citizenship". (quotation marks)
  4. It does not say such person must provide the proof of such renouncement.
A later administrative statement regarding the implementation of the law also stated that a person who acquired a foreign citizenship must actively make the fact known to Chinese authority before he/she is recognized as a foreign citizen.

An example is one of my friends who acquired an European passport. He returned to China using that passport instead of Chinese passport because the visa stamp on the Chinese passport has been punctured by the European country since he acquired new passport. His European passport stated his birth place being in China. This alarmed the border official to demand his paper renouncing Chinese citizenship which he did not do of course because he wanted to keep his Chinese passport. His European passport was temporarily seized. He was ordered to finish his paper work. After that he got his European passport back and allowed to leave.

From this example, you can see that in China's legal perspective, he was still Chinese citizen even he possessed a European passport which is null and void. He could not and would not be allowed to get consulate assistance for his trouble. He only became a foreigner once he finished his legal process of renouncing.

Go back to Gu Ailing, she never used her US passport when going into or leaving China, legally that paper does not exist. And I am sure she would never need that paper.

She does not have "Chinese travel permit" after 18th birthday, she now travels with Chinese passport when crossing Chinese border. Her decision has been made the day she acquired Chinese passport many years ago.

From the text of law and example of border control, you can see that China does NOT actively go after de facto "dual citizens" for any proof of "not being foreigner". In this regard, China's national law is the same with most other countries including US, ignoring the other citizenship. The only difference from the rest of world is that China makes a declaration by article 3 denying any foreign government's intervention on behalf of such person if China deems this person being Chinese citizen.
 
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KYli

Brigadier
But is there any actual check?
Technically the formal renouncement of US citizenship must be made to the US government, not the Chinese government. So you could still get a Chinese passport in the way described above? I think there are many people doing that, it’s just technically illegal. Probably not the situation you would want to be in as a star though…

I don’t think there should be much problem renouncing in reality. What does American citizenship mean really? American citizenship is really just money. There is no healthcare system for citizens, the best is what you can afford. Same with schooling. Technically anyone on American soil is protected by the constitution, but again your best legal protection is being rich (OJ Simpson). Basically an American passport will get you a jump seat on a C-17 if you get stuck in the next US cluster, so she just should avoid Ukraine and Taiwan island.
There is no formal check but many people did run into trouble by not informing the Chinese government that they have acquired foreign passports. However, people who acquired foreign passports would need to go to third country before entering China. Otherwise, the Chinese government would easily find out that they have acquired foreign passports.
China doesn't recognise dual/multiple citizenship/nationality, which is tantamount to not allowing as such.

Eileen is not a Chinese citizen as she was not born in China. She's a Chinese national as her mother is both Chinese national as well as citizen as she was born in Beijing.

Since Eileen was born in the US to an American father she's automatically a US citizen. If she were to acquire Chinese citizenship, then legally her American citizenship is automatically lost per Chinese laws, she doesn't need to renunciate it as such, which is the case with Zhu Yi when she lost her US citizenship to become a sole Chinese citizen by naturalisation, but has been erroneously interpreted as "renouncing".

But all that doesn't mean Eileen is not still a US citizen as far as the US laws are concerned. And she'd be liable to taxes on income earned abroad and of course subject to US jurisdiction wherever that is enforceable, which is why it makes sense for some to renounce their nationality/citizenship voluntarily, whatever it may be, in favour of another, in most cases for tax or personal purposes.
Did you read the article I post? Those Chinese children were born in the US so they have US citizens by birth but their parents are both Chinese citizens so before 18 years old they can be both the US and Chinese citizens. But by 18 years old, these children need to make a decision to either become a Chinese citizens or an American citizens. This is the law.

It is illegal to have foreign passport as a Chinese citizen. That's why Elieen Gu needs to renounce her US citizen. Otherwise, she is breaking the law.
 

KYli

Brigadier
As I have posted earlier, in Chinese legal perspective Gu Ailing's US citizenship is void and null to begin with. That means she does not need to renounce something that does not exist in the eyes of China. Such person would be perfectly alright being Chinese citizenship so long as she or he never ever present a US passport in legal and administrative dealings in China's jurisdiction (inside China, or outside to Chinese embassy).


See my reply above. She has nothing to give up as far as Chinese national law concerns.

Remember, article 3 of Nationality Law's wording is "China does not acknowledge that Chinese citizen has dual citizenship."
  1. It says that such person is still Chinese citizen.
  2. It does not say such person would be stripped Chinese citizenship.
  3. It does not say such person must renounce the other "citizenship". (quotation marks)
  4. It does not say such person must provide the proof of such renouncement.
A later administrative statement regarding the implementation of the law also stated that a person who acquired a foreign citizenship must actively make the fact known to Chinese authority before he/she is recognized as a foreign citizen.

An example is one of my friends who acquired an European passport. He returned to China using that passport instead of Chinese passport because the visa stamp on the Chinese passport has been punctured by the European country since he acquired new passport. His European passport stated his birth place being in China. This alarmed the border official to demand his paper renouncing Chinese citizenship which he did not do of course because he wanted to keep his Chinese passport. His European passport was temporarily seized. He was ordered to finish his paper work. After that he got his European passport back and allowed to leave.

From this example, you can see that in China's legal perspective, he was still Chinese citizen even he possessed a European passport which is null and void. He could not and would not be allowed to get consulate assistance for his trouble. He only became a foreigner once he finished his legal process of renouncing.

Go back to Gu Ailing, she never used her US passport when going into or leaving China, legally that paper does not exist. And I am sure she would never need that paper.

From the text of law and example of border control, you can see that China does NOT actively go after de facto "dual citizens" for any proof of "not being foreigner". In this regard, China's national law is the same with most other countries including US, ignoring the other citizenship. The only difference from the rest of world is that China makes a declaration by article 3 denying any foreign government's intervention on behalf of such person if China deems this person being Chinese citizen.
That's not correct.


Article 9:Any Chinese national who has settled abroad and who has been naturalised as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.
 

taxiya

Brigadier
Registered Member
That's not correct.


Article 9:Any Chinese national who has settled abroad and who has been naturalised as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.
Except she did not acquire US citizenship on her free will. That paper was given by the US government at birth when she could not express her free will until her adulthood.

Acknowledging that "US passport" would be allowing US "abducting" Chinese citizens.
 
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taxiya

Brigadier
Registered Member
It is illegal to have foreign passport as a Chinese citizen. That's why Elieen Gu needs to renounce her US citizen. Otherwise, she is breaking the law.
The law does not say anything as such.

A good example is the BNO passport. To the British government, it is a fully legal Bristish passport (without adobe right in UK). If we interpret Chinese nationality law as you proposed, these BNO holders would have been stripped of Chinese citizenship, but in reality they are always and still Chinese citizens since the day they acquired BNO.

The key point is that these "passport" BNO or US are not passports in China's view, but merely a paper issued by foreign government to Chinese citizens under their jurisdictions. These "passports" are equal to resident permit and green card as far as China concerns.
 

taxiya

Brigadier
Registered Member
Did you read the article I post? Those Chinese children were born in the US so they have US citizens by birth but their parents are both Chinese citizens so before 18 years old they can be both the US and Chinese citizens. But by 18 years old, these children need to make a decision to either become a Chinese citizens or an American citizens. This is the law.
You proabably has not read my post regarding the legal and practical status of "美宝"/"American Baby". The post was based on a legal advisor who deals with the Chinese giving birth in US.

Those Children are Chinese citizens by birth who were given an US "passport" by US government without the consent of the babies. As far as China concerns these babies are NOT US citizens but only Chinese citizens. They do NOT choose to be Chinese at the age of 18. They replace their Chinese travel document issued by Chinese embassy at birth with a Chinese passport at the age of 18. They do not need to decide anthing.
 
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