Any person, who, while a minor, became an alien through discharge of his father, may after he has attained his majority, likewise reacquire Chinese nationality on petitioning the Chinese authorities. Article XXI. Any Chinese subject who has become an alien with permission of the Chinese authorities but who has since lived uninterruptedly in China for a period of more than three years may petition for readmission to Chinese nationality if he can fulfil the requirements in points 3 and 4 of Article III. This provision, however, does not apply to any naturalized subject. Article XXII. Any person seeking readmission shall furnish in support of his petition a written joint guarantee of two respectable members of the gentry of his original native province as to the validity of his claim; and the procedure of forwarding the petition and securing its sanction shall be the same as is provided in Article X. In case the petitioner resides abroad the guarantee shall be signed by two Chinese merchants residing in the locality and addressed to the Legation for transmission to the Ministry of the Interior. The readmission shall take effect at the moment when the sanction is granted and posted on the notice-board. Article XXIII. No person who has reacquired Chinese nationality can, previous to the completion of five years' residence in China, become one of the officers enumerated in Article VIII except by special decree of the Emperor. Article XXIV. This law shall go into effect immediately on obtaining the Imperial sanction. Supplemental Provisions. 1. Any Chinese subject who, prior to the operation of this law, has become naturalized in a foreign state without permission from the Chinese authorities and has since resided abroad must, on returning to China, report at the first port to the consul of the country of his acquired nationality and request the latter duly to communicate his naturalization and the date thereof to the local Chinese authorities, and such communication shall be deemed sufficient proof of his renunciation of his national status as a Chinese subject. 2. Any Chinese subject who, prior to the operation of this law, has become naturalized as an alien subject without permission of the Chinese authorities and has since resided in the settlement of a Chinese treaty port, must within one year of the enactment of this law make known his alienation to the local Chinese authorities who, before recognizing his expatriation shall first ascertain from the consul who represents his acquired nationality, the time at which such naturalization was effected. 3. Whosoever does not prove the loss of his Chinese nationality in pursuance of the preceding two provisions shall be deemed to have remained a Chinese subject. 4. Any Chinese who, prior to the operation of this law, has acquired an alien nationality without permission of the Chinese authorities but who has since resided, traded and owned immovable property in the interior and enjoyed such special privileges and rights as Chinese are entitled to enjoy shall be deemed to have remained always a Chinese subject. 5. Any Chinese who, prior to the operation of this law, has acquired an alien nationality without permission of the Chinese authorities and yet has since held or is still holding some governmental position shall be deemed to have remained always a Chinese subject. 6. Any Chinese subject who, prior to the operation of this law, has become an alien may at any time petition for readmission to the Chinese nationality in pursuance of Article XXII of this law without being subject to Articles XXI and XXIII. 7. Any Chinese subject who, prior to the operation of this law, has long resided abroad in consequence of his birth and yet is desirous of retaining Chinese nationality shall be deemed to be a Chinese. 8. Any person who has lost Chinese nationality in accordance with this law shall not reside in the interior under penalty of expulsion, and shall be required to sell and give up within one year after naturalization all immovable property and all other interests which he has hitherto acquired and enjoyed as a Chinese, failing which all such property and interests shall be sequestrated. 9. Where a person who has expatriated himself in accordance wit this law is discovered at a later time not to have fulfilled all the requirements of Article XII, or to have been involved in a criminal act before or at the time of his expatriation, the permission of alienage already issued to him shall be rescinded and he shall be liable to the prosecution and punishment authorized by Chinese law. 10. Where any person obtains permission of expatriation under pretense of acquiring an alien nationality or knowingly makes false statements in his declaration, the permission of expatriation shall be rescinded and he shall be liable to imprisonment for not less than six months nor more than one year. BELGIAN LAW ON THE ACQUISITION AND LOSS OF NATIONALITY. June 8, 1909. Leopold II, King of the Belgians, to all whom these presents shall come, greeting. The Chambers have adopted and we sanction what follows: Article I. Are Belgian: (1) A child born, even in a foreign country, of either a Belgian father or a Belgian mother, if the father has no fixed nationality. (2) A child born of a foreigner after the dissolution of the marriage, if the mother enjoys Belgian nationality at the time of the child's birth. Art. 2. A natural child of less than 21 years of age, whose parentage is established by deed of recognition or by the judgment of a court follows the nationality of the parent with regard to whom proof has first been given. If such proof arises for the father and for the mother from the same deed or the same judgment or from simultaneous deeds, the child follows the nationality of the father. Art. 3. The moment of conception, in preference to the moment of birth, is taken when the nationality of the child's parents at the moment of conception attributes Belgian nationality to the child. Art. 4. A child born in Belgium of parents legally unknown or of parents without fixed nationality is Belgian. A child found in Belgium is presumed, in default of proof to the contrary, to have been born on Belgian soil. Art. 5. A foreign woman, marrying a Belgian or whose husband becomes a Belgian, follows her husband's nationality. Art. 6. Children being minors and unmarried of a foreigner who voluntarily acquires Belgian nationality become Belgian. They can, however, during the year following the attainment of their majority, renounce Belgian nationality by declaring their desire to recover their foreign nationality. Art. 7. Become Belgian at the expiration of their 22nd year if during that year they have had their domicile in Belgium and have not declared their intention of retaining their foreign nationality: (1) A child born in Belgium of foreign parents one of whom was himself born there or has been domiciled there for ten years continuously. (2) A child born in Belgium of a foreigner and who has been domiciled in the kingdom for the last six years continuously. Art. 8. A child born of a father or a mother who may have lost their Belgian nationality can always acquire Belgian nationality, provided he declares his intention to fix his domicile in Belgium, and that he establishes his domicile there effectively during the year reckoned from the time of such declaration. Art. 9. A child born in Belgium of a foreigner can in his 22nd year acquire Belgian nationality by carrying out the formalities laid down in. the preceding article. Art. 10. A foreigner who has obtained Belgian naturalization becomes Belgian. Art. 11. Belgian nationality is lost by: (1) Those who voluntarily acquire a foreign nationality. (2) A woman who marries a foreigner of fixed nationality or whose husband voluntarily acquires a foreign nationality, provided such foreign nationality is also acquired by her by virtue of the foreign law. (3) Children being minors and unmarried of a Belgian who voluntarily acquires a foreign nationality, if by such act they acquire the nationality of their parent. Art. 12. A child born abroad of a Belgian, who himself was born abroad, can always decline Belgian nationality if he has legally acquired a foreign nationality. Art. 13. Persons who have lost Belgian nationality can always recover it, provided they have not ceased to reside in Belgium, or have come back with the King's authorization; provided also that in both cases they declare their intention of fixing their domicile in Belgium, and that they establish it there effectively during the year reckoned from the time of such declaration. A woman who has lost her Belgian nationality by the application of article 11 (2), can always recover it, as stated above, after the dissolution of the marriage. Children who have lost their Belgian nationality by the application of article 11 (3) can always recover it after completing their 21st year, by conforming to the rules laid down in article 8. Art. 14. Minors will be permitted to make the declaration provided for in articles 6, 7, 8, 9, 12, and 13 from the age of 18 years complete, with the consent of the father, or, in default of the father, with that of the mother, or in default of father and mother, with the authorization of the other forefathers or of the family, given according to the conditions laid down for marriages in chapter I, section V, book I of the Civil Code. The consent of the father, the mother, or of the other forefathers, shall be given either verbally at the time of the declaration or by notarial act. Special mention of such consent, or of the authorization of the family, shall be made in the deed drawn up to prove the option. In cases of indigence, the deed of consent may be received by the officer of the "etat civil" of the domicile of the forefathers, and abroad by the authorities who are competent to receive such deed, as well as by Belgian diplomatic agents, consuls, and vice-consuls. Art. 15. Declarations of nationality shall be made either before the officer of the "etat civil" at the place of residence in Belgium, or before the Belgian diplomatic and consular agents abroad. They can be made by special and notarial power of attorney. They are inscribed in registers governed by the provisions of articles 40 to 45 and 50 to 54 of the Civil Code. Art. 16. Articles 9, 10, 12, 17, 18, 19, and 20 of the Civil Code, as well as article 1 of the law of the 16th of July, 1889, are repealed. Transitory Provisions. Art. 17. Are Belgian those persons born in Belgium of a father himself born in the kingdom, who, domiciled there for the past ten years from the time of publication of the present law, have omitted to make the declaration provided for by article 9 of the Civil Code, unless within two years of such publication they declare their intention of retaining their foreign nationality. Art. 18. Individuals born in P lgium who may have omitted to make the declaration provided by the old article 9 of the Civil Code may, within two years of the publication of the present law, acquire Belgian nationality by carrying out the formalities laid down in article 8. We promulgate the present law, and order it to be sealed with the State seal and published in the "Moniteur." Given at Laeken, the 8th June, 1909. By the King: The Minister of Justice, LÉON DE LANTSHEERE. Sealed with the seal of State: The Minister of Justice, LÉON DE LANTSHEERE. LÉOPOLD |