BURMA Article 145(a) of the 1974 Constitution states as follows: All persosns born to parents, both of whom are nationals of the Socialist Republic of the Union of Burma, are citizens of the Republic. 1/ This constitutional provision therefore ensures that any chil- dren born in Burma of alien parents, whether the aliens are there legally or illegally, do not attain Burmese citizenship by reason of their birth. No exception is made even for those cases in which the children of alien parents would otherwise be stateless. 1/ The Constitution (Fundamental Law) of the Socialist Republic of the Union of Burma, translated by Mya Saw Shin ( Washington, D.C.: Library of Congress, 1975), p. 40. Prepared by Mya Saw Shin Senior Legal Specialist Law Library, Library of Congress Washingtion, D.C. 20340 August 1981 KSS:ch 3/24/81BURMA Article 145(a) of the 1974 Constitution states as follows: All persosns born to parents, both of whom are nationals of the Socialist Republic of the Union of Burma, are citizens of the Republic. 1/ This constitutional provision therefore ensures that any chil- dren born in Burma of alien parents, whether the aliens are there legally or illegally, do not attain Burmese citizenship by reason of their birth. No exception is made even for those cases in which the children of alien parents would otherwise be stateless. 1/ The Constitution (Fundamental Law) of the Socialist Republic of the Union of Burma, translated by Mya Saw Shin ( Washington, D.C.: Library of Congress, 1975), p. 40. Prepared by Mya Saw Shin Senior Legal Specialist Law Library, Library of Congress Washingtion, D.C. 20340 August 1981 KSS:ch 3/24/81BURMA Article 145(a) of the 1974 Constitution states as follows: All persosns born to parents, both of whom are nationals of the Socialist Republic of the Union of Burma, are citizens of the Republic. 1/ This constitutional provision therefore ensures that any chil- dren born in Burma of alien parents, whether the aliens are there legally or illegally, do not attain Burmese citizenship by reason of their birth. No exception is made even for those cases in which the children of alien parents would otherwise be stateless. 1/ The Constitution (Fundamental Law) of the Socialist Republic of the Union of Burma, translated by Mya Saw Shin ( Washington, D.C.: Library of Congress, 1975), p. 40. Prepared by Mya Saw Shin Senior Legal Specialist Law Library, Library of Congress Washingtion, D.C. 20340 August 1981 KSS:ch 3/24/81BURMA Article 145(a) of the 1974 Constitution states as follows: All persosns born to parents, both of whom are nationals of the Socialist Republic of the Union of Burma, are citizens of the Republic. 1/ This constitutional provision therefore ensures that any chil- dren born in Burma of alien parents, whether the aliens are there legally or illegally, do not attain Burmese citizenship by reason of their birth. No exception is made even for those cases in which the children of alien parents would otherwise be stateless. 1/ The Constitution (Fundamental Law) of the Socialist Republic of the Union of Burma, translated by Mya Saw Shin ( Washington, D.C.: Library of Congress, 1975), p. 40. Prepared by Mya Saw Shin Senior Legal Specialist Law Library, Library of Congress Washingtion, D.C. 20340 August 1981 KSS:ch 3/24/81BURMA Article 145(a) of the 1974 Constitution states as follows: All persosns born to parents, both of whom are nationals of the Socialist Republic of the Union of Burma, are citizens of the Republic. 1/ This constitutional provision therefore ensures that any chil- dren born in Burma of alien parents, whether the aliens are there legally or illegally, do not attain Burmese citizenship by reason of their birth. No exception is made even for those cases in which the children of alien parents would otherwise be stateless. 1/ The Constitution (Fundamental Law) of the Socialist Republic of the Union of Burma, translated by Mya Saw Shin ( Washington, D.C.: Library of Congress, 1975), p. 40. Prepared by Mya Saw Shin Senior Legal Specialist Law Library, Library of Congress Washingtion, D.C. 20340 August 1981 KSS:ch 3/24/81INDONESIA Article 26 of the reinstated 1945 Constitution of Indonesia, which is the current Constitution, states in part as below: Section 1. Citizens shall be natural-born Indonesians, and those who take out naturalzation papers. 1/ The Law on Nationality, promulgated is 1958, contains a fuller and more specific definition of a Republic of Indonesia citizen, as follows: A Republic of Indonesia citizen shall be: *** b. a person who at birth has legal family relations with his/her father who is a citizen of the Republic of Indonesia, on the understanding that his/her Republic of Indonesia citizen- ship shall commence at the moment when the aforementioned legal family relationship comes into force, and that such relationship shall be entered into before the person concerned has attained eighteen years of age or has married under the age of eighteen; c. a child born within 300 days after the decease of its father, if the father was a citizen of the Republice of Indonesia at the time of decease; d. a person whose mother was a citizen of the Republic of Indonesia at the time of his/her birth, if at that time the person concerned had no legal family relationship with his/her father; e. a person whose mother was a citizen of the Republic of Indonesia at the time of his/her birth, if his/her father has no citizenship or so long as the citizenship of the father is inknown; f. a person born within the territory of the Republic of Indonesia insofar as the two parents are unknown; g. a foundling abandoned within the territory of the Republic of Indonesia insofar as the two parents are unknown; 1/ Undang-undang Dasar dan Makluast Politik Republik Indonesia; Constitution and Political Manifesto of the Republic of Indonesia (Jogjakarta; Kenenterian Penerangan, 1950), p. 36.INDONESIA Article 26 of the reinstated 1945 Constitution of Indonesia, which is the current Constitution, states in part as below: Section 1. Citizens shall be natural-born Indonesians, and those who take out naturalzation papers. 1/ The Law on Nationality, promulgated is 1958, contains a fuller and more specific definition of a Republic of Indonesia citizen, as follows: A Republic of Indonesia citizen shall be: *** b. a person who at birth has legal family relations with his/her father who is a citizen of the Republic of Indonesia, on the understanding that his/her Republic of Indonesia citizen- ship shall commence at the moment when the aforementioned legal family relationship comes into force, and that such relationship shall be entered into before the person concerned has attained eighteen years of age or has married under the age of eighteen; c. a child born within 300 days after the decease of its father, if the father was a citizen of the Republice of Indonesia at the time of decease; d. a person whose mother was a citizen of the Republic of Indonesia at the time of his/her birth, if at that time the person concerned had no legal family relationship with his/her father; e. a person whose mother was a citizen of the Republic of Indonesia at the time of his/her birth, if his/her father has no citizenship or so long as the citizenship of the father is inknown; f. a person born within the territory of the Republic of Indonesia insofar as the two parents are unknown; g. a foundling abandoned within the territory of the Republic of Indonesia insofar as the two parents are unknown; 1/ Undang-undang Dasar dan Makluast Politik Republik Indonesia; Constitution and Political Manifesto of the Republic of Indonesia (Jogjakarta; Kenenterian Penerangan, 1950), p. 36.INDONESIA Article 26 of the reinstated 1945 Constitution of Indonesia, which is the current Constitution, states in part as below: Section 1. Citizens shall be natural-born Indonesians, and those who take out naturalzation papers. 1/ The Law on Nationality, promulgated is 1958, contains a fuller and more specific definition of a Republic of Indonesia citizen, as follows: A Republic of Indonesia citizen shall be: *** b. a person who at birth has legal family relations with his/her father who is a citizen of the Republic of Indonesia, on the understanding that his/her Republic of Indonesia citizen- ship shall commence at the moment when the aforementioned legal family relationship comes into force, and that such relationship shall be entered into before the person concerned has attained eighteen years of age or has married under the age of eighteen; c. a child born within 300 days after the decease of its father, if the father was a citizen of the Republice of Indonesia at the time of decease; d. a person whose mother was a citizen of the Republic of Indonesia at the time of his/her birth, if at that time the person concerned had no legal family relationship with his/her father; e. a person whose mother was a citizen of the Republic of Indonesia at the time of his/her birth, if his/her father has no citizenship or so long as the citizenship of the father is inknown; f. a person born within the territory of the Republic of Indonesia insofar as the two parents are unknown; g. a foundling abandoned within the territory of the Republic of Indonesia insofar as the two parents are unknown; 1/ Undang-undang Dasar dan Makluast Politik Republik Indonesia; Constitution and Political Manifesto of the Republic of Indonesia (Jogjakarta; Kenenterian Penerangan, 1950), p. 36.INDONESIA Article 26 of the reinstated 1945 Constitution of Indonesia, which is the current Constitution, states in part as below: Section 1. Citizens shall be natural-born Indonesians, and those who take out naturalzation papers. 1/ The Law on Nationality, promulgated is 1958, contains a fuller and more specific definition of a Republic of Indonesia citizen, as follows: A Republic of Indonesia citizen shall be: *** b. a person who at birth has legal family relations with his/her father who is a citizen of the Republic of Indonesia, on the understanding that his/her Republic of Indonesia citizen- ship shall commence at the moment when the aforementioned legal family relationship comes into force, and that such relationship shall be entered into before the person concerned has attained eighteen years of age or has married under the age of eighteen; c. a child born within 300 days after the decease of its father, if the father was a citizen of the Republice of Indonesia at the time of decease; d. a person whose mother was a citizen of the Republic of Indonesia at the time of his/her birth, if at that time the person concerned had no legal family relationship with his/her father; e. a person whose mother was a citizen of the Republic of Indonesia at the time of his/her birth, if his/her father has no citizenship or so long as the citizenship of the father is inknown; f. a person born within the territory of the Republic of Indonesia insofar as the two parents are unknown; g. a foundling abandoned within the territory of the Republic of Indonesia insofar as the two parents are unknown; 1/ Undang-undang Dasar dan Makluast Politik Republik Indonesia; Constitution and Political Manifesto of the Republic of Indonesia (Jogjakarta; Kenenterian Penerangan, 1950), p. 36.INDONESIA Article 26 of the reinstated 1945 Constitution of Indonesia, which is the current Constitution, states in part as below: Section 1. Citizens shall be natural-born Indonesians, and those who take out naturalzation papers. 1/ The Law on Nationality, promulgated is 1958, contains a fuller and more specific definition of a Republic of Indonesia citizen, as follows: A Republic of Indonesia citizen shall be: *** b. a person who at birth has legal family relations with his/her father who is a citizen of the Republic of Indonesia, on the understanding that his/her Republic of Indonesia citizen- ship shall commence at the moment when the aforementioned legal family relationship comes into force, and that such relationship shall be entered into before the person concerned has attained eighteen years of age or has married under the age of eighteen; c. a child born within 300 days after the decease of its father, if the father was a citizen of the Republice of Indonesia at the time of decease; d. a person whose mother was a citizen of the Republic of Indonesia at the time of his/her birth, if at that time the person concerned had no legal family relationship with his/her father; e. a person whose mother was a citizen of the Republic of Indonesia at the time of his/her birth, if his/her father has no citizenship or so long as the citizenship of the father is inknown; f. a person born within the territory of the Republic of Indonesia insofar as the two parents are unknown; g. a foundling abandoned within the territory of the Republic of Indonesia insofar as the two parents are unknown; 1/ Undang-undang Dasar dan Makluast Politik Republik Indonesia; Constitution and Political Manifesto of the Republic of Indonesia (Jogjakarta; Kenenterian Penerangan, 1950), p. 36.-2- h. a person born within the territory of the Republic of Indonesia in case the two parents are devoid of any citi- zenship or in case the citizenship of the two parents is un- known. i. a person born within the territory of the Republic of Indonesia, who at the time of his/her birth did not acquire the citizenship of his/her father or mother, and so long as he/she has not acquired the citizenship of his/her father or mother. j. a person who has acquired Republic of Indonesia citizenship under the provisions of the present Act. 2/ Thus the child born of alien parents in Indonesia, whether or not the parents are in the country legally, will acquire Indonesian citi- zenship only if both the parents are stateless or if the child would not take the citizehship of either parent. ______________ 2/ Act No. 62 of the Year 1958 concerning Republic of Indonesia Citizenship (Djakarta; Ministry of Information, 1958), p. 3-5. Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20340 August 1981 WSS:ch 8/25/81-2- h. a person born within the territory of the Republic of Indonesia in case the two parents are devoid of any citi- zenship or in case the citizenship of the two parents is un- known. i. a person born within the territory of the Republic of Indonesia, who at the time of his/her birth did not acquire the citizenship of his/her father or mother, and so long as he/she has not acquired the citizenship of his/her father or mother. j. a person who has acquired Republic of Indonesia citizenship under the provisions of the present Act. 2/ Thus the child born of alien parents in Indonesia, whether or not the parents are in the country legally, will acquire Indonesian citi- zenship only if both the parents are stateless or if the child would not take the citizehship of either parent. ______________ 2/ Act No. 62 of the Year 1958 concerning Republic of Indonesia Citizenship (Djakarta; Ministry of Information, 1958), p. 3-5. Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20340 August 1981 WSS:ch 8/25/81-2- h. a person born within the territory of the Republic of Indonesia in case the two parents are devoid of any citi- zenship or in case the citizenship of the two parents is un- known. i. a person born within the territory of the Republic of Indonesia, who at the time of his/her birth did not acquire the citizenship of his/her father or mother, and so long as he/she has not acquired the citizenship of his/her father or mother. j. a person who has acquired Republic of Indonesia citizenship under the provisions of the present Act. 2/ Thus the child born of alien parents in Indonesia, whether or not the parents are in the country legally, will acquire Indonesian citi- zenship only if both the parents are stateless or if the child would not take the citizehship of either parent. ______________ 2/ Act No. 62 of the Year 1958 concerning Republic of Indonesia Citizenship (Djakarta; Ministry of Information, 1958), p. 3-5. Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20340 August 1981 WSS:ch 8/25/81-2- h. a person born within the territory of the Republic of Indonesia in case the two parents are devoid of any citi- zenship or in case the citizenship of the two parents is un- known. i. a person born within the territory of the Republic of Indonesia, who at the time of his/her birth did not acquire the citizenship of his/her father or mother, and so long as he/she has not acquired the citizenship of his/her father or mother. j. a person who has acquired Republic of Indonesia citizenship under the provisions of the present Act. 2/ Thus the child born of alien parents in Indonesia, whether or not the parents are in the country legally, will acquire Indonesian citi- zenship only if both the parents are stateless or if the child would not take the citizehship of either parent. ______________ 2/ Act No. 62 of the Year 1958 concerning Republic of Indonesia Citizenship (Djakarta; Ministry of Information, 1958), p. 3-5. Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20340 August 1981 WSS:ch 8/25/81-2- h. a person born within the territory of the Republic of Indonesia in case the two parents are devoid of any citi- zenship or in case the citizenship of the two parents is un- known. i. a person born within the territory of the Republic of Indonesia, who at the time of his/her birth did not acquire the citizenship of his/her father or mother, and so long as he/she has not acquired the citizenship of his/her father or mother. j. a person who has acquired Republic of Indonesia citizenship under the provisions of the present Act. 2/ Thus the child born of alien parents in Indonesia, whether or not the parents are in the country legally, will acquire Indonesian citi- zenship only if both the parents are stateless or if the child would not take the citizehship of either parent. ______________ 2/ Act No. 62 of the Year 1958 concerning Republic of Indonesia Citizenship (Djakarta; Ministry of Information, 1958), p. 3-5. Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20340 August 1981 WSS:ch 8/25/81MALAYSIA Article 14 of the Constitution of Malaysia, promulgated in 1957, states in part as follows; (1) Subject to the provisions of this Part, the following persons are citizens by operation of law, that is to say: (a) every person born before Malaysia Day 1/ who is a citizen of the Federation by virtue of the provisions contained in Part 1 of the Second Schedule; and (b) every person born on or after Malaysia Day and having any of the qualifications specified in Part II of the Second Sched- ule; and (c) every citizen of Singapore. 2/ The relevant provisions of Part II of the Second Schedule to the Constitution state that every person--born within the Federation on or after Malaysia Day--of whose parents at least one is at the time of the birth either a citizen or permanent resident in the Federation, is a citi- zen by operation of law, and that every person born within the Federation after Malaysia Day but not born a citizen of any country is likewise a cit- izen by operation of law. 3/ _________________ 1/ Malaysia Day is September 16, 1963. 2/ Constitution of Malaysia, in Constitutions of Asian Countries (Bombay: Tripathi, 1968), p. 628. 3/ Schedule II, Part II, Art. 1, id. at 744.MALAYSIA Article 14 of the Constitution of Malaysia, promulgated in 1957, states in part as follows; (1) Subject to the provisions of this Part, the following persons are citizens by operation of law, that is to say: (a) every person born before Malaysia Day 1/ who is a citizen of the Federation by virtue of the provisions contained in Part 1 of the Second Schedule; and (b) every person born on or after Malaysia Day and having any of the qualifications specified in Part II of the Second Sched- ule; and (c) every citizen of Singapore. 2/ The relevant provisions of Part II of the Second Schedule to the Constitution state that every person--born within the Federation on or after Malaysia Day--of whose parents at least one is at the time of the birth either a citizen or permanent resident in the Federation, is a citi- zen by operation of law, and that every person born within the Federation after Malaysia Day but not born a citizen of any country is likewise a cit- izen by operation of law. 3/ _________________ 1/ Malaysia Day is September 16, 1963. 2/ Constitution of Malaysia, in Constitutions of Asian Countries (Bombay: Tripathi, 1968), p. 628. 3/ Schedule II, Part II, Art. 1, id. at 744.MALAYSIA Article 14 of the Constitution of Malaysia, promulgated in 1957, states in part as follows; (1) Subject to the provisions of this Part, the following persons are citizens by operation of law, that is to say: (a) every person born before Malaysia Day 1/ who is a citizen of the Federation by virtue of the provisions contained in Part 1 of the Second Schedule; and (b) every person born on or after Malaysia Day and having any of the qualifications specified in Part II of the Second Sched- ule; and (c) every citizen of Singapore. 2/ The relevant provisions of Part II of the Second Schedule to the Constitution state that every person--born within the Federation on or after Malaysia Day--of whose parents at least one is at the time of the birth either a citizen or permanent resident in the Federation, is a citi- zen by operation of law, and that every person born within the Federation after Malaysia Day but not born a citizen of any country is likewise a cit- izen by operation of law. 3/ _________________ 1/ Malaysia Day is September 16, 1963. 2/ Constitution of Malaysia, in Constitutions of Asian Countries (Bombay: Tripathi, 1968), p. 628. 3/ Schedule II, Part II, Art. 1, id. at 744.MALAYSIA Article 14 of the Constitution of Malaysia, promulgated in 1957, states in part as follows; (1) Subject to the provisions of this Part, the following persons are citizens by operation of law, that is to say: (a) every person born before Malaysia Day 1/ who is a citizen of the Federation by virtue of the provisions contained in Part 1 of the Second Schedule; and (b) every person born on or after Malaysia Day and having any of the qualifications specified in Part II of the Second Sched- ule; and (c) every citizen of Singapore. 2/ The relevant provisions of Part II of the Second Schedule to the Constitution state that every person--born within the Federation on or after Malaysia Day--of whose parents at least one is at the time of the birth either a citizen or permanent resident in the Federation, is a citi- zen by operation of law, and that every person born within the Federation after Malaysia Day but not born a citizen of any country is likewise a cit- izen by operation of law. 3/ _________________ 1/ Malaysia Day is September 16, 1963. 2/ Constitution of Malaysia, in Constitutions of Asian Countries (Bombay: Tripathi, 1968), p. 628. 3/ Schedule II, Part II, Art. 1, id. at 744.MALAYSIA Article 14 of the Constitution of Malaysia, promulgated in 1957, states in part as follows; (1) Subject to the provisions of this Part, the following persons are citizens by operation of law, that is to say: (a) every person born before Malaysia Day 1/ who is a citizen of the Federation by virtue of the provisions contained in Part 1 of the Second Schedule; and (b) every person born on or after Malaysia Day and having any of the qualifications specified in Part II of the Second Sched- ule; and (c) every citizen of Singapore. 2/ The relevant provisions of Part II of the Second Schedule to the Constitution state that every person--born within the Federation on or after Malaysia Day--of whose parents at least one is at the time of the birth either a citizen or permanent resident in the Federation, is a citi- zen by operation of law, and that every person born within the Federation after Malaysia Day but not born a citizen of any country is likewise a cit- izen by operation of law. 3/ _________________ 1/ Malaysia Day is September 16, 1963. 2/ Constitution of Malaysia, in Constitutions of Asian Countries (Bombay: Tripathi, 1968), p. 628. 3/ Schedule II, Part II, Art. 1, id. at 744. Thus, children born in Malaysia whose parents are aliens, whether legal or illegal aliens, are entitled to Malaysian citizenship only if they would otherwise be stateless. Prepared by Mya Sau Shin Senior Legal Specialist Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 NSS:eh 5/25/81 Thus, children born in Malaysia whose parents are aliens, whether legal or illegal aliens, are entitled to Malaysian citizenship only if they would otherwise be stateless. Prepared by Mya Sau Shin Senior Legal Specialist Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 NSS:eh 5/25/81 Thus, children born in Malaysia whose parents are aliens, whether legal or illegal aliens, are entitled to Malaysian citizenship only if they would otherwise be stateless. Prepared by Mya Sau Shin Senior Legal Specialist Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 NSS:eh 5/25/81 Thus, children born in Malaysia whose parents are aliens, whether legal or illegal aliens, are entitled to Malaysian citizenship only if they would otherwise be stateless. Prepared by Mya Sau Shin Senior Legal Specialist Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 NSS:eh 5/25/81 Thus, children born in Malaysia whose parents are aliens, whether legal or illegal aliens, are entitled to Malaysian citizenship only if they would otherwise be stateless. Prepared by Mya Sau Shin Senior Legal Specialist Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 NSS:eh 5/25/81 PEOPLE'S REPUBLIC OF CHINA The Nationality Law of the People's Republic of China (PRC) was approved September 10, 1980. It is the PRC's first Nationality Law. The Nationality Law would operate indirectly to exclude children born of illegal aliens in China PRC citizenship. The law recognizes as having Chinese nationality only persons who 1) were born in China of a parent or parents with Chinese nationality, 2) were born abroad of a parent or parents with Chinese nationality, except for those cases in which the parents of Chinese nationality has settled settled abroad and the persons themselves acquired foreign nationality at birth, and 4) were born in the PRC of state- less parents or parents of unknown nationality who had settled in China. There may be a possibility that the child of an illegal alien might acquire Chinese nationality if his or her illegal alien parents were found to be stateless or of unknown nationality. The Nationality Law itself does not have a provision dealing directly with children of illegal aliens born in the PRC. 1/ An unofficial English translation of the Nationality Law was published in foreign broadcast Information Service, Daily Report, People's Republic of China, September 15, 1980, p. I.26-I.27. The Chinese text appears in Zhounghua reasin gonghegou guowuyuan gongbao {Gazette of the State Council of the People's Republic of China} , No. 340, November 15, 1980, p. 383-384. Prepared by Tso-tai Hsio, Chief, and Kathryn A Haun, Legal Research Analyst, Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 PEOPLE'S REPUBLIC OF CHINA The Nationality Law of the People's Republic of China (PRC) was approved September 10, 1980. It is the PRC's first Nationality Law. The Nationality Law would operate indirectly to exclude children born of illegal aliens in China PRC citizenship. The law recognizes as having Chinese nationality only persons who 1) were born in China of a parent or parents with Chinese nationality, 2) were born abroad of a parent or parents with Chinese nationality, except for those cases in which the parents of Chinese nationality has settled settled abroad and the persons themselves acquired foreign nationality at birth, and 4) were born in the PRC of state- less parents or parents of unknown nationality who had settled in China. There may be a possibility that the child of an illegal alien might acquire Chinese nationality if his or her illegal alien parents were found to be stateless or of unknown nationality. The Nationality Law itself does not have a provision dealing directly with children of illegal aliens born in the PRC. 1/ An unofficial English translation of the Nationality Law was published in foreign broadcast Information Service, Daily Report, People's Republic of China, September 15, 1980, p. I.26-I.27. The Chinese text appears in Zhounghua reasin gonghegou guowuyuan gongbao {Gazette of the State Council of the People's Republic of China} , No. 340, November 15, 1980, p. 383-384. Prepared by Tso-tai Hsio, Chief, and Kathryn A Haun, Legal Research Analyst, Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 PEOPLE'S REPUBLIC OF CHINA The Nationality Law of the People's Republic of China (PRC) was approved September 10, 1980. It is the PRC's first Nationality Law. The Nationality Law would operate indirectly to exclude children born of illegal aliens in China PRC citizenship. The law recognizes as having Chinese nationality only persons who 1) were born in China of a parent or parents with Chinese nationality, 2) were born abroad of a parent or parents with Chinese nationality, except for those cases in which the parents of Chinese nationality has settled settled abroad and the persons themselves acquired foreign nationality at birth, and 4) were born in the PRC of state- less parents or parents of unknown nationality who had settled in China. There may be a possibility that the child of an illegal alien might acquire Chinese nationality if his or her illegal alien parents were found to be stateless or of unknown nationality. The Nationality Law itself does not have a provision dealing directly with children of illegal aliens born in the PRC. 1/ An unofficial English translation of the Nationality Law was published in foreign broadcast Information Service, Daily Report, People's Republic of China, September 15, 1980, p. I.26-I.27. The Chinese text appears in Zhounghua reasin gonghegou guowuyuan gongbao {Gazette of the State Council of the People's Republic of China} , No. 340, November 15, 1980, p. 383-384. Prepared by Tso-tai Hsio, Chief, and Kathryn A Haun, Legal Research Analyst, Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 PEOPLE'S REPUBLIC OF CHINA The Nationality Law of the People's Republic of China (PRC) was approved September 10, 1980. It is the PRC's first Nationality Law. The Nationality Law would operate indirectly to exclude children born of illegal aliens in China PRC citizenship. The law recognizes as having Chinese nationality only persons who 1) were born in China of a parent or parents with Chinese nationality, 2) were born abroad of a parent or parents with Chinese nationality, except for those cases in which the parents of Chinese nationality has settled settled abroad and the persons themselves acquired foreign nationality at birth, and 4) were born in the PRC of state- less parents or parents of unknown nationality who had settled in China. There may be a possibility that the child of an illegal alien might acquire Chinese nationality if his or her illegal alien parents were found to be stateless or of unknown nationality. The Nationality Law itself does not have a provision dealing directly with children of illegal aliens born in the PRC. 1/ An unofficial English translation of the Nationality Law was published in foreign broadcast Information Service, Daily Report, People's Republic of China, September 15, 1980, p. I.26-I.27. The Chinese text appears in Zhounghua reasin gonghegou guowuyuan gongbao {Gazette of the State Council of the People's Republic of China} , No. 340, November 15, 1980, p. 383-384. Prepared by Tso-tai Hsio, Chief, and Kathryn A Haun, Legal Research Analyst, Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 PEOPLE'S REPUBLIC OF CHINA The Nationality Law of the People's Republic of China (PRC) was approved September 10, 1980. It is the PRC's first Nationality Law. The Nationality Law would operate indirectly to exclude children born of illegal aliens in China PRC citizenship. The law recognizes as having Chinese nationality only persons who 1) were born in China of a parent or parents with Chinese nationality, 2) were born abroad of a parent or parents with Chinese nationality, except for those cases in which the parents of Chinese nationality has settled settled abroad and the persons themselves acquired foreign nationality at birth, and 4) were born in the PRC of state- less parents or parents of unknown nationality who had settled in China. There may be a possibility that the child of an illegal alien might acquire Chinese nationality if his or her illegal alien parents were found to be stateless or of unknown nationality. The Nationality Law itself does not have a provision dealing directly with children of illegal aliens born in the PRC. 1/ An unofficial English translation of the Nationality Law was published in foreign broadcast Information Service, Daily Report, People's Republic of China, September 15, 1980, p. I.26-I.27. The Chinese text appears in Zhounghua reasin gonghegou guowuyuan gongbao {Gazette of the State Council of the People's Republic of China} , No. 340, November 15, 1980, p. 383-384. Prepared by Tso-tai Hsio, Chief, and Kathryn A Haun, Legal Research Analyst, Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 SINGAPORE Under the Constitution of Singapore, promulgated in 1963, a person cannot become a citizen of Singapore by birth unless at least one of his or her parents is a citizen. Article 54 of the Constitution provides as below: (1) Subject to the provision of this Article, every person born in Singapore after the coming into operation of this Constitution shall be a citizen of Singapore by birth. (2) A person shall not be a citizen of Singapore by virtue of clause (1) of this Article is at the time of his birth-- (a) his father, not being a citizen of Singapore, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the President; or (b) his father was an enemy alien and the birth occurred in a place then under the occupation of the enemy; or (c) neither of his parents was a citizen of Singapore. (3) Notwithstanding the provisions of paragraph (c) of clause (2) of this Article, the Government may, when it considers it just and fair and having regard to all the circumstances prevailing at the time of the application, confer citizenship upon a person born in Singapore. 1/ The 1957 Singapore Citizenship Ordinance, since repealed, had adopted the principle of jus soli in providing that every person born in Singapore would be entitled to Singapore citizenship. Since the coming into effect of the constitutional provision cited above, however, a child born in Singapore to alien parents, whether legally or illegally present SINGAPORE Under the Constitution of Singapore, promulgated in 1963, a person cannot become a citizen of Singapore by birth unless at least one of his or her parents is a citizen. Article 54 of the Constitution provides as below: (1) Subject to the provision of this Article, every person born in Singapore after the coming into operation of this Constitution shall be a citizen of Singapore by birth. (2) A person shall not be a citizen of Singapore by virtue of clause (1) of this Article is at the time of his birth-- (a) his father, not being a citizen of Singapore, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the President; or (b) his father was an enemy alien and the birth occurred in a place then under the occupation of the enemy; or (c) neither of his parents was a citizen of Singapore. (3) Notwithstanding the provisions of paragraph (c) of clause (2) of this Article, the Government may, when it considers it just and fair and having regard to all the circumstances prevailing at the time of the application, confer citizenship upon a person born in Singapore. 1/ The 1957 Singapore Citizenship Ordinance, since repealed, had adopted the principle of jus soli in providing that every person born in Singapore would be entitled to Singapore citizenship. Since the coming into effect of the constitutional provision cited above, however, a child born in Singapore to alien parents, whether legally or illegally present SINGAPORE Under the Constitution of Singapore, promulgated in 1963, a person cannot become a citizen of Singapore by birth unless at least one of his or her parents is a citizen. Article 54 of the Constitution provides as below: (1) Subject to the provision of this Article, every person born in Singapore after the coming into operation of this Constitution shall be a citizen of Singapore by birth. (2) A person shall not be a citizen of Singapore by virtue of clause (1) of this Article is at the time of his birth-- (a) his father, not being a citizen of Singapore, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the President; or (b) his father was an enemy alien and the birth occurred in a place then under the occupation of the enemy; or (c) neither of his parents was a citizen of Singapore. (3) Notwithstanding the provisions of paragraph (c) of clause (2) of this Article, the Government may, when it considers it just and fair and having regard to all the circumstances prevailing at the time of the application, confer citizenship upon a person born in Singapore. 1/ The 1957 Singapore Citizenship Ordinance, since repealed, had adopted the principle of jus soli in providing that every person born in Singapore would be entitled to Singapore citizenship. Since the coming into effect of the constitutional provision cited above, however, a child born in Singapore to alien parents, whether legally or illegally present SINGAPORE Under the Constitution of Singapore, promulgated in 1963, a person cannot become a citizen of Singapore by birth unless at least one of his or her parents is a citizen. Article 54 of the Constitution provides as below: (1) Subject to the provision of this Article, every person born in Singapore after the coming into operation of this Constitution shall be a citizen of Singapore by birth. (2) A person shall not be a citizen of Singapore by virtue of clause (1) of this Article is at the time of his birth-- (a) his father, not being a citizen of Singapore, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the President; or (b) his father was an enemy alien and the birth occurred in a place then under the occupation of the enemy; or (c) neither of his parents was a citizen of Singapore. (3) Notwithstanding the provisions of paragraph (c) of clause (2) of this Article, the Government may, when it considers it just and fair and having regard to all the circumstances prevailing at the time of the application, confer citizenship upon a person born in Singapore. 1/ The 1957 Singapore Citizenship Ordinance, since repealed, had adopted the principle of jus soli in providing that every person born in Singapore would be entitled to Singapore citizenship. Since the coming into effect of the constitutional provision cited above, however, a child born in Singapore to alien parents, whether legally or illegally present SINGAPORE Under the Constitution of Singapore, promulgated in 1963, a person cannot become a citizen of Singapore by birth unless at least one of his or her parents is a citizen. Article 54 of the Constitution provides as below: (1) Subject to the provision of this Article, every person born in Singapore after the coming into operation of this Constitution shall be a citizen of Singapore by birth. (2) A person shall not be a citizen of Singapore by virtue of clause (1) of this Article is at the time of his birth-- (a) his father, not being a citizen of Singapore, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the President; or (b) his father was an enemy alien and the birth occurred in a place then under the occupation of the enemy; or (c) neither of his parents was a citizen of Singapore. (3) Notwithstanding the provisions of paragraph (c) of clause (2) of this Article, the Government may, when it considers it just and fair and having regard to all the circumstances prevailing at the time of the application, confer citizenship upon a person born in Singapore. 1/ The 1957 Singapore Citizenship Ordinance, since repealed, had adopted the principle of jus soli in providing that every person born in Singapore would be entitled to Singapore citizenship. Since the coming into effect of the constitutional provision cited above, however, a child born in Singapore to alien parents, whether legally or illegally present -2- in Singapore, would not be entitled to Singapore citizenship. No provision is made for cases in which the child would otherwise be stateless. Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 MSS: eh 8/25/81 -2- in Singapore, would not be entitled to Singapore citizenship. No provision is made for cases in which the child would otherwise be stateless. Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 MSS: eh 8/25/81 -2- in Singapore, would not be entitled to Singapore citizenship. No provision is made for cases in which the child would otherwise be stateless. Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 MSS: eh 8/25/81 -2- in Singapore, would not be entitled to Singapore citizenship. No provision is made for cases in which the child would otherwise be stateless. Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 MSS: eh 8/25/81 -2- in Singapore, would not be entitled to Singapore citizenship. No provision is made for cases in which the child would otherwise be stateless. Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 MSS: eh 8/25/81 TAIWAN The Nationality Law of the Republic of China was promulgated February 5, 1929. It is currently in effect only on Taiwan. The 1929 Nationality Law would operate indirectly to deny Chinese citizenship to a child of alien parentage born in Taiwan. According to the provision of Article 1, only persons in the following categories are deemed to be citizens of the Republic of China: 1) Any person whose father was at the date of the birth a Chinese citizen. 2) Any posthumous child whose father was a Chinese citizen at the date of his death. 3) Any person born within Chinese territory whose parents are unknown or possess no nationality. _____________ 1/ The English translation of Article 1 of the Nationality Law quoted here appears in The National Government's Laws and Regulations Affecting Trade, Commerce, Finance, Etc., Vol. XIX, issued by the British Chamber of Commerce, Shanghai, November, 1936, p. 55. The Chinese text appears in Tsui hsin liu fa ch'uan shu (Most recent complete book of the six codes), edited by T'ao Pai-ch'uan, Taipei, San min shu chu, 1968, p. 349. Prepared by Tao-tai Hsin, Chief and Kathryn A. Haun, Legal Research Analyst, Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 TAIWAN The Nationality Law of the Republic of China was promulgated February 5, 1929. It is currently in effect only on Taiwan. The 1929 Nationality Law would operate indirectly to deny Chinese citizenship to a child of alien parentage born in Taiwan. According to the provision of Article 1, only persons in the following categories are deemed to be citizens of the Republic of China: 1) Any person whose father was at the date of the birth a Chinese citizen. 2) Any posthumous child whose father was a Chinese citizen at the date of his death. 3) Any person born within Chinese territory whose parents are unknown or possess no nationality. _____________ 1/ The English translation of Article 1 of the Nationality Law quoted here appears in The National Government's Laws and Regulations Affecting Trade, Commerce, Finance, Etc., Vol. XIX, issued by the British Chamber of Commerce, Shanghai, November, 1936, p. 55. The Chinese text appears in Tsui hsin liu fa ch'uan shu (Most recent complete book of the six codes), edited by T'ao Pai-ch'uan, Taipei, San min shu chu, 1968, p. 349. Prepared by Tao-tai Hsin, Chief and Kathryn A. Haun, Legal Research Analyst, Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 TAIWAN The Nationality Law of the Republic of China was promulgated February 5, 1929. It is currently in effect only on Taiwan. The 1929 Nationality Law would operate indirectly to deny Chinese citizenship to a child of alien parentage born in Taiwan. According to the provision of Article 1, only persons in the following categories are deemed to be citizens of the Republic of China: 1) Any person whose father was at the date of the birth a Chinese citizen. 2) Any posthumous child whose father was a Chinese citizen at the date of his death. 3) Any person born within Chinese territory whose parents are unknown or possess no nationality. _____________ 1/ The English translation of Article 1 of the Nationality Law quoted here appears in The National Government's Laws and Regulations Affecting Trade, Commerce, Finance, Etc., Vol. XIX, issued by the British Chamber of Commerce, Shanghai, November, 1936, p. 55. The Chinese text appears in Tsui hsin liu fa ch'uan shu (Most recent complete book of the six codes), edited by T'ao Pai-ch'uan, Taipei, San min shu chu, 1968, p. 349. Prepared by Tao-tai Hsin, Chief and Kathryn A. Haun, Legal Research Analyst, Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 TAIWAN The Nationality Law of the Republic of China was promulgated February 5, 1929. It is currently in effect only on Taiwan. The 1929 Nationality Law would operate indirectly to deny Chinese citizenship to a child of alien parentage born in Taiwan. According to the provision of Article 1, only persons in the following categories are deemed to be citizens of the Republic of China: 1) Any person whose father was at the date of the birth a Chinese citizen. 2) Any posthumous child whose father was a Chinese citizen at the date of his death. 3) Any person born within Chinese territory whose parents are unknown or possess no nationality. _____________ 1/ The English translation of Article 1 of the Nationality Law quoted here appears in The National Government's Laws and Regulations Affecting Trade, Commerce, Finance, Etc., Vol. XIX, issued by the British Chamber of Commerce, Shanghai, November, 1936, p. 55. The Chinese text appears in Tsui hsin liu fa ch'uan shu (Most recent complete book of the six codes), edited by T'ao Pai-ch'uan, Taipei, San min shu chu, 1968, p. 349. Prepared by Tao-tai Hsin, Chief and Kathryn A. Haun, Legal Research Analyst, Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981 TAIWAN The Nationality Law of the Republic of China was promulgated February 5, 1929. It is currently in effect only on Taiwan. The 1929 Nationality Law would operate indirectly to deny Chinese citizenship to a child of alien parentage born in Taiwan. According to the provision of Article 1, only persons in the following categories are deemed to be citizens of the Republic of China: 1) Any person whose father was at the date of the birth a Chinese citizen. 2) Any posthumous child whose father was a Chinese citizen at the date of his death. 3) Any person born within Chinese territory whose parents are unknown or possess no nationality. _____________ 1/ The English translation of Article 1 of the Nationality Law quoted here appears in The National Government's Laws and Regulations Affecting Trade, Commerce, Finance, Etc., Vol. XIX, issued by the British Chamber of Commerce, Shanghai, November, 1936, p. 55. The Chinese text appears in Tsui hsin liu fa ch'uan shu (Most recent complete book of the six codes), edited by T'ao Pai-ch'uan, Taipei, San min shu chu, 1968, p. 349. Prepared by Tao-tai Hsin, Chief and Kathryn A. Haun, Legal Research Analyst, Far Eastern Law Division Law Library, Library of Congress Washington, D.C. 20540 August 1981