Introduction

Nationality or citizenship is the product of the modern nation-state. It began in the West, where the first nation-states emerged. When Westerners came to Asia they brought with them this concept with some modifications. In response, Asian countries began to formulate their own nationality laws or citizenship laws in the twentieth century, especially after they gained political independence. China was one of the first in Asia to announce its nationality law in 1909. It is also clear that nationality/ citizenship law is linked to foreign policy, or is meant to serve the “national interest” of a state as well as its domestic politics. This argument also applies to the case of China.

The history of nationality/citizenship law of China has not been long. The law began during the end of the Qing dynasty (1644–1911), about three years prior to its demise. It was first reissued in 1912 by the Republic of China (1912–49) under the Guomindang, and again in 1929 after the Guomindang reunited South and North China. When the People's Republic of China (PRC) came into existence in 1949, the old nationality law was still in use, until the 1955 Afro-Asian Conference in Bandung, when Zhou Enlai, then the prime minister of the PRC, offered the solution of dual nationality status for overseas Chinese between China and Southeast Asian countries. However, there was no PRC nationality law proper until September 1980.

Therefore when we talk about China's nationality law today, we are in fact referring to the 1980 nationality law. What are the differences between the 1980 nationality law and those prior to that? What are the contents of the 1980 law? Why was it promulgated and what has been the impact on the “Chinese overseas”? Has this law, which was issued over thirty years ago, been amended? Have there been any problems for China in implementing this law, and what have been the responses of the Afro-Asian states, especially the Southeast Asian states, where about 80 per cent of the Chinese overseas are residing? These are some of the issues that this paper attempts to address.

Prior to discussing the 1980 law, it is important to examine the earlier nationality laws issued by both the Qing dynasty and the Republican government.