2022 Olympic Winter Games Beijing

taxiya

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Registered Member
He has both.

Pretty sure he has the HK SAR passport since that's what's required to issue his China entry card and for him to get through Chinese immigration... that and his HK ID card.

And of course he was never asked to relinquish his British passport despite his dual status as a British citizen and a permanent HK resident.
That is what I was saying, China does not activelly chase someone for the other passport or citizenship. It is only an issue if the person present the other passport to Chinese agencies in legal settings. So in law, China does not recgonize dual citizenship, in practical terms, it is possible to enjoy benifit of a dual citizenship.
 

KYli

Brigadier
What is pointless in my argument? We can stop the discussion because it is OT for the thread. But for the subject of Chinese citizenship, correctly understanding texts of the law is why we are still debating.

My keep arguing with you is because of the bold text above. That IMO is not a scenario or provision in the law, is it? Tell me which article said "renounce" and "acquire" or anything to the same effect?
I have already posted two articles to explain this point but you just ignore them. If you have bothered to read my article that the answer is there.

Under the Chinese national law, children born in foreign countries could not obtain a Chinese passport. Instead, they would acquire a Chinese travel document. Since the Chinese travel document only valid for two years, that's why most people need to make their decision within 2 years after 18 years.

Article 9, you can't have foreign citizenship. Article 13 if you have foreign citizenship(美宝). After you acquire Chinese citizenship, you can't no longer have foreign citizenship.

第九条 定居外国的中国公民,自愿加入或取得外国国籍的,即自动丧失中国国籍。
第十三条 曾有过中国国籍的外国人,具有正当理由,可以申请恢复中国国籍;被批准恢复中国国籍的,不得再保留外国国籍。

中华人民共和国旅行证,非正式的简称为中旅证中国旅行证,有一年一次有效和两年多次有效两种版本 ,一般为两年多次出入境有效。自1951年起颁发1990年4月停止使用的归国证明书被中华人民共和国旅行证取代。

这就是旅行证的前身。当然,今天的旅行证已经跟护照具有同等的法律效力,不单单用来回到中国,更可以通过持旅行证申请签证而前往第三方国家。

旅行证的特点是:
1、旅行证有效期只有两年。

2、旅行证只能在海外的中国使领馆申请获得。
 

taxiya

Brigadier
Registered Member
I don't want to type up all my points again. So I will just post these.
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根据中国国籍法,中国籍在孩子十八岁生日当天的零点零分开始自动丧失,但实际上,十八岁生日一过除了孩子成年之外什么都没发生,中国籍真正的消失是在孩子出了中国的之后。但是孩子18岁成年,中国籍是在美宝有放弃美国籍的自主权之后才会确认的。所以,美宝18岁一到,据我们的猜测,中国政府会首先停止旅行证的更换,这时美宝丧失中国籍,那么美宝再进入中国就需要申请中国签证。

如果美宝想要单一中国籍,那么去美领馆宣誓放弃美国国籍,再按照中国国籍法恢复中国籍即可获得单一国籍。

可以确定的是,在美宝18岁之前,中国政府按照规定还是会给美宝颁发中国旅行证。如果美宝的父母双方或一方获得了海外的居住权,那么美宝的旅行证将无法更换,这时候美宝的中国籍就丧失了,再回到中国,就需要办理中国签证了。



由于2020年英国宣布对BNO护照持有人放寬在英国的居留条件,引发部分人士不满,因此在2021年1月10日,香港新民黨立法會議員、行政會議成員、前保安局局长
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在報章撰文,指中央政府正考慮採取反制措施。她認為內地或會終止出於歷史原因對港人的特殊待遇,嚴格執行《中國國籍法》第9條,即禁止港人擁有雙重國籍。她認為,禁止港人擁有雙重國籍的做法毋須修改
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,其中一個可行方法或是就《中國國籍法》釋法。議員
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指,之前中央政府為了令港人對一國兩制保有信心,故採取寬鬆措施,但現時英美对中国的态度出现变化,認為即使中央決定「揸正嚟做」亦只是合情合理合法的外交回應,因為根據《基本法》附件三中,適用於本港的全國性法律《國籍法》,港人亦不可擁有雙重國籍。梁指,若中央真的打算嚴謹執法,「想食兩家茶禮嘅人就要自己揀啦(想吃两家茶礼的人就要自己选啦)」。
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副會長
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則指,當年香港回歸之初,中央為了穩定局勢和人心,才會使出寬鬆處理港人國籍的權宜之計,惟時至今日,其所衍生的問題亦逐漸浮現,加上有關做法本身不符合現行法律精神,亦逐漸引起內地人民不滿,故以他所知,中央亦在探討有關解決方案,特別是港人的權利和義務是否仍只與香港永久性居民身份掛鈎,而非以國籍劃分。他说,凡是香港永久性居民便可享有本地參選和投票權,而立法會也允許最多20%議員持外籍身份,惟基於目前的「愛國者治港」原則,仍然容許港人具雙重國籍或已不合時宜。他又指,香港目前有逾百萬人持外國護照,加上英國為BNO擴權,而加拿大和澳洲等國亦有意向港人招手,降低入籍門檻。他最后说,若双重国籍問題仍未改善,或會惡化外部勢力干預香港內務的情況,並估計當局對問題的大限最遲定於2047年,故一旦「50年不變」承諾期滿,屆時仍持外國籍人士,可能將一律按《國籍法》處理
You can not possibly believe in Zhihu? It is like reddit. Whoever wrote anything on Zhihu doesn't even need to bother the consequence of being wrong, unlike a legal advisor.
 

NiuBiDaRen

Brigadier
Registered Member
I was telling my friend. If I were to form a China pro ice hockey league here's how I would do it.

Northwest Division - Urumqi, Kashgar, Xining, Lanzhou, Hohhot
Northeast Division - Harbin, Dalian, Changchun, Shenyang, Beijing
North - Xian, Tianjin, Shanghai, Hangzhou, Zhengzhou
South - Taipei, Hong Kong, Shenzhen, Guangzhou, Nanning
Central - Chengdu, Changsha, Wuhan, Nanjing, Xian

Just a fantasy league LOL

Since Winter Games are over I will watch NHL. Useless Islanders n Devils go Rangers
 
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KYli

Brigadier
You can not possibly believe in Zhihu? It is like reddit. Whoever wrote anything on Zhihu doesn't even need to bother the consequence of being wrong, unlike a legal advisor.
I not only read it from Zhihu but many other various sources. I just don't have the time to find them for you. If you have any problem with Zhihu just type 美宝 and you would get your answer.


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4、美宝到底需不需要选国籍?


严格来讲,并没有所谓选择国籍这个明确的操作,如果不进行人为干预,孩子终身拥有美国籍,中国国籍则在18岁时自动消失。


这也许就是大家相传的“选国籍”的由来吧。中国籍到底是怎么消失的呢,按照中国国籍法,孩子年满十八岁时,中国籍自动丧失,因为到十八岁就意味孩子有自主选择国籍的权利。
 

taxiya

Brigadier
Registered Member
I have already posted two articles to explain this point but you just ignore them. If you have bothered to read my article that the answer is there.
I have replied them and actually repeated the replies many times. My answers were that (I repeat) "the baby born in US has Chinese citizenship by birth, their US citizenships are void as far as China concerns". So all other statements in your posts are irrelevant.

You can keep your opinion disagreeing with my replies. But I don't think that you can call my replies as ignoring you. You can go back a page or two to find them.
Under the Chinese national law, children born in foreign countries could not obtain a Chinese passport. Instead, they would acquire a Chinese travel document. Since the Chinese travel document only valid for two years, that's why most people need to make their decision within 2 years after 18 years.
Show me the text of that law. I can not find anything about "obtaining Chinese passport" nor "Chinese travel document" in the law.

A person resides in Taiwan can not obtain a Chinese (PRC) passport, but instead being issued a "Taiwan compatriot certificate" as a travel document to enter mainland. That paper does not in any way deny the person being a Chinese citizen, same logic as the "American babies' travel document.

Article 9, you can't have foreign citizenship.
Irrelevant as IMO the people we are talking about do not have foreign citizenship.
I said this before, so don't call me ignoring you.
Article 13 if you have foreign citizenship(美宝).
These babies do NOT have foreign citizenships as far as China conerns. Those "citizenships" are void and null.
I said this before, so don't call me ignoring you.
After you acquire Chinese citizenship, you can't no longer have foreign citizenship.
This is irrelevant because the people we are talking about (born abroad) did NOT acquire Chinese citizenship in the middle of their life. They had that from their birth.
I said this before in response to your quotation of article 9, so don't call me ignoring.
 
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