Friday, December 28, 2018

nationality

birthright citizenship
- case
  • United States v. Wong Kim Ark, 169 U.S. 649 (1898), is a United States Supreme Court case in which the Court ruled 6–2 that a child born in the United States, of parents of Chinese nationality who at the time had a permanent domicile and residence in the United States and were carrying on business there but not as employees of the Chinese government, automatically became a U.S. citizen.[2] This decision established an important precedent in its interpretation of the Citizenship Clause of the Fourteenth Amendment to the ConstitutionWong Kim Ark, who was born in San Francisco in 1873, to Chinese parents who were legally domiciled and resident there at the time and not employed by the Chinese government, had been denied re-entry to the United States after a trip abroad, under a law restricting Chinese immigration and prohibiting immigrants from China from becoming naturalized U.S. citizens. He challenged the government's refusal to recognize his citizenship, and the Supreme Court ruled in his favor, holding that the citizenship language in the Fourteenth Amendment encompassed the circumstances of his birth. The case highlighted disagreements over the precise meaning of one phrase in the Citizenship Clause—namely, the provision that a person born in the United States who is subject to the jurisdiction thereof acquires automatic citizenship. The Supreme Court's majority concluded that this phrase referred to being required to obey U.S. law; on this basis, they interpreted the language of the Fourteenth Amendment in a way that granted U.S. citizenship to at least some children born of foreigners because they were born on American soil (a concept known as jus soli). The court's dissenters argued that being subject to the jurisdiction of the United States meant not being subject to any foreign power—that is, not being claimed as a citizen by another country via jus sanguinis (inheriting citizenship from a parent)—an interpretation which, in the minority's view, would have excluded "the children of foreigners, happening to be born to them while passing through the country". In the words of a 2007 legal analysis of events following the Wong Kim Ark decision, "The parameters of the jus soli principle, as stated by the court in Wong Kim Ark, have never been seriously questioned by the Supreme Court, and have been accepted as dogma by lower courts."[4] A 2010 review of the history of the Citizenship Clause notes that the Wong Kim Ark decision held that the guarantee of birthright citizenship "applies to children of foreigners present on American soil" and states that the Supreme Court "has not re-examined this issue since the concept of 'illegal alien' entered the language".[5] Since the 1990s, however, controversy has arisen over the longstanding practice of granting automatic citizenship to U.S.-born children of illegal immigrants, and legal scholars disagree over whether the Wong Kim Arkprecedent applies when alien parents are in the country illegally.[6][7] Attempts have been made from time to time in Congress to restrict birthright citizenship, either via statutory redefinition of the term jurisdiction, or by overriding both the Wong Kim Ark ruling and the Citizenship Clause itself through an amendment to the Constitution, but no such proposal has been enacted.
  • singtao 1nov18 a20
  • But Eric was not entitled to Irish citizenship because of a 2004 change in the law which ended the automatic right of babies born in Ireland to claim citizenship unless one of the parents was an Irish citizen.the Irish government is planning to deport the nine-year-old to China in a move which has provoked a storm of controversy on the Emerald Isle and seen more than 50,000 people sign a petition calling for him to be allowed to stay in the land of his birth.   Eric was born in Dublin in 2009 and goes to primary school in Bray, County Wicklow, a coastal town about 20km (12 miles) south of the capital that has earned the nickname “Bray-jing” due to its substantial Chinese community. https://www.scmp.com/news/china/article/2170498/campaign-ireland-halt-deportation-dublin-born-schoolboy-eric-zhi-china
  • 愛爾蘭一對夫婦十年前移居澳洲,其後誕下患病兒子,他們一家四年前申請永久居留權,惟澳洲政府以兒子的醫療費用對公帑造成負擔為由拒絕。兩夫婦決定上訴,法院最近裁定個案符合部長級高官干預的條件,他們面臨在一周內被驅逐出境。https://orientaldaily.on.cc/cnt/china_world/20190612/00180_017.html
Jus soli (English: /ʌs ˈsl/Latin pronunciation: [juːs ˈsɔ.liː]), meaning "right of the soil",[1] commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship.[2] As an unconditional basis for citizenship, it is the predominant rule in the Americas, but is rare elsewhere.[3][4][5][6] Since the Twenty-seventh Amendment of the Constitution of Ireland was enacted in 2004, no European country grants citizenship based on unconditional jus soli.[7][8] A study in 2010 found that only 30 of the world's 194 countries grant citizenship at birth to the children of undocumented foreign residents, although definitive information was not available from 19 countries. Almost all states in Europe, Asia, Africa, and Oceania grant citizenship at birth based upon the principle of jus sanguinis (right of blood), in which citizenship is inherited through parents not by birthplace, or a restricted version of jus soli in which citizenship by birthplace is automatic only for the children of certain immigrants. Countries that have acceded to the 1961 Convention on the Reduction of Statelessness will grant nationality to otherwise stateless persons who were born on their territory, or on a ship or plane flagged by that country. Jus soli is associated with permissive citizenship rights. Most countries with unconditional jus soli laws tend to give birthright citizenship (and nationality) based on jus sanguinis rules as well, although these stipulations tend to be more restrictive than in countries that use jus sanguinis as the primary basis for nationality.
- An early form of jus soli dates from Cleisthenes' reforms of ancient Athenian law in the 6th century BC. It developed further in the Roman world, where citizenship was extended to all free inhabitants of the Roman Empire by the Edict of Caracalla in AD 212.[citation neededMuch later, the independence of the English colonies in America and the French Revolution in the late 18th century laid the foundations for jus soli. With the social and economic development of the 19th and 20th centuries, and the massive migrations to the Americas and Western Europe, jus soli was established in a greater and greater number of countries.[citation neededAt the turn of the 19th century, nation-states commonly divided themselves between those granting nationality on the grounds of jus soli (France, for example) and those granting it on the grounds of jus sanguinis (Germany, for example, before 1990). However, since 2007 the European migrant crisis has focused attention on these two conflicting sources of nationality rights.Lex soli is a law used in practice to regulate who and under what circumstances an individual can assert the right of jus soli. Most states provide a specific lex soli, in application of the respective jus soli, and it is the most common means of acquiring nationality. A frequent exception to lex soli is imposed when a child was born to a parent in the diplomatic or consular service of another state, on a mission to the state in question.

Jus sanguinis (Latinright of blood) is a principle of nationality law by which citizenship is not determined by place of birth but by having one or both parents who are citizens of the state. Children at birth may automatically be citizens if their parents have state citizenship or national identities of ethnic, cultural, or other origins.[1] Citizenship can also apply to children whose parents belong to a diaspora and were not themselves citizens of the state conferring citizenship.[citation needed] This principle contrasts with jus soli (Latin: right of soil).
- https://www.quora.com/Is-it-true-in-the-Greek-Constitution-that-if-your-Papou-is-a-citizen-and-you-are-born-in-another-country-that-you-too-are-a-Greek-citizen
- usa

  • 美國公民和移民局(USCIS)周三宣布,駐外美國公務員及美軍的子女,將失去「出生公民權」,即自動獲美國國籍的資格,修訂由十月二十九日起生效。USCIS指現行政策與其他移民法相悖。美國現代軍事協會抨擊新修訂對駐外美軍不近人情,促國會解決問題。https://orientaldaily.on.cc/cnt/china_world/20190830/00180_016.html



Dual citizenship
- canada

  • 加拿大即將舉行大選,現任總理杜魯多與主要對手、保守黨黨魁謝爾展開首場電視辯論。謝爾早前被揭擁有加拿大與美國雙重國籍,其發言人周四急澄清,他在開始競選前,已到美國駐渥太華大使館宣布放棄美國國籍。杜魯多所屬的自由黨批評,謝爾從根本上對國民不誠實。https://orientaldaily.on.cc/cnt/china_world/20191005/00180_017.html

- germany
  •  Germany will strip ISIS fighters of their citizenship, after the government agreed on a new anti-terror law, local media reports. 
    The new law will apply to adult German nationals with dual citizenship, who take part in future battles for any terrorist 'militia'. This means it will not apply to foreign ISIS fighters who have fled its territories in recent weeks or are already imprisoned.  https://www.dailymail.co.uk/news/article-6769587/Germany-strip-ISIS-fighters-citizenship-new-law-change.html
- australia

  • http://www.telegraph.co.uk/news/2017/07/18/australian-senator-breastfed-baby-parliament-second-mp-forced/ A second MP from Australia’s Greens party has been forced to resign after realising she was a dual citizen, raising questions about how many of the nation’s 226 parliamentarians are ineligible. Less than a week after Greens MP Scott Ludlam quit after realising he held New Zealand citizenship, Larissa Waters said she was “devastated” to discover that she was a Canadian citizen and has been ineligible for the past six years.
  • https://www.theguardian.com/australia-news/2017/jul/25/matt-canavan-quits-cabinet-over-dual-citizenship-uncertainty The resources minister Matt Canavan has quit the cabinet because he is a dual citizen of Italy. Canavan’s resignation on Tuesday night follows the recent resignation of two Greens senators, Larissa Waters and Scott Ludlam, because of dual citizenships – a controversy that has triggered questions about the eligibility of many other Australian parliamentarians. Canavan told reporters on Tuesday night his mother had applied for Italian citizenship on his behalf without his knowledge or consent when he was 25 years old, in January 2007.
  • http://www.bbc.com/news/world-australia-40920141 New Zealand's government has confirmed that Australia's deputy prime minister, Barnaby Joyce, is a dual citizen. Dual citizens are not allowed to run for public office under Australia's constitution. Mr Joyce revealed earlier that he may have New Zealand citizenship by descent, but said he will take his case to the nation's High Court. PM Malcolm Turnbull's government risks losing its grip on power if Mr Joyce is ruled ineligible. The office of New Zealand Internal Affairs Minister Peter Dunne confirmed to Australian media that under New Zealand law, a child born to a New Zealand national is automatically given citizenship. However, Mr Joyce told parliament he received legal advice that he is not in breach of rules. He will remain as deputy PM in the meantime.
  • As the Turnbull Government faces the possibility of losing its majority in parliament over the Deputy Prime Minister’s citizenship case, the Attorney-General said this morning Senator Wong had attempted use a foreign political party to “try and bring down the Australian Government”. Earlier, Foreign Affairs Minister Julie Bishop had singled out Senator Wong as orchestrating the investigation which she yesterday said had put Australia-New Zealand relations “at risk”. It comes after it was revealed Senator Wong’s chief of staff Marcus Ganley had spoken to the New Zealand Labour MP whose questions to the NZ Parliament sparked the probe into Mr Joyce’s citizenship status.  “Penny Wong is trying to lie her way out of this and it is a very serious matter,” Senator Brandis told Sky News today. “The Labor Party is all over the place on this issue now,” he said. “You have Penny Wong lying about the involvement of her chief of staff in an attempt to use a foreign political party, the NZ Labour Party, and the processes of the NZ political system to try and bring down the Australian Government.” http://www.news.com.au/national/politics/penny-wong-attacked-over-new-zealands-barnaby-joyce-probe/news-story/223d2cfc063aaa73a9263124e3d67ca7
  • 澳洲多名議員捲入雙重國籍風波,高等法院周五(27日)裁定,副總理兼眾議員喬伊斯(Barnaby Joyce)及四名參議員因持有雙重國籍,褫奪其國會議員資格。由於目前總理特恩布爾領導的執政聯盟在眾議院只有一票優勢,喬伊斯失去議員資格,勢將威脅保守派政府在國會的優勢,損害政府施政。http://orientaldaily.on.cc/cnt/china_world/20171028/00180_012.html
  • 澳洲前副總理喬伊斯及另外八名議員,早前因擁雙重國籍被裁定違反憲法,遭禠奪其議員及政府職位。喬伊斯其後放棄新西蘭國籍,並於周六重選中取勝,重新取得議席及副總理職位,惟執政聯盟仍差一個議席才能成為多數派政府。另一場重選將在兩周後舉行,預料執政聯盟可以再次成為多數派政府。http://orientaldaily.on.cc/cnt/china_world/20171203/00180_017.html
  • Australian Senate President Stephen Parry has said he will resign, after confirming he is a UK dual citizen. In a statement, Mr Parry said the High Court of Australia had given "absolute clarity" on constitutional rules that prevent the election of dual citizens. On Friday, the court decided that five politicians - including Deputy Prime Minister Barnaby Joyce - were invalidly elected.http://www.bbc.com/news/world-australia-41827970
  • Australian Prime Minister Malcolm Turnbull announced plans on Monday to force all lawmakers to declare they are not dual nationals as he seeks to defuse a political crisis that saw his deputy ejected from parliament.http://www.reuters.com/article/us-australia-politics/australian-pm-to-force-lawmakers-to-declare-citizenship-to-end-political-crisis-idUSKBN1D60EB
  • 澳洲六名議員去年捲入雙重國籍風波,遭禠奪國會議員資格。澳洲傳媒報道,政府多個部門經仔細審查後,認為該批議員的表現及行為誠懇,並非有意違反規定,因此豁免他們交還合共一千六百萬澳元(約九千六百萬港元)的薪酬及其他開支。http://orientaldaily.on.cc/cnt/china_world/20180403/00180_006.html
  • http://www.dw.com/en/australia-five-more-lawmakers-forced-from-office-over-dual-nationality-ban/a-43713707 Australia faces emergency by-elections after more lawmakers resigned for holding dual citizenship. Fourteen lawmakers have been hit by the constitutional ban, which could strengthen the hand of Prime Minister Turnbull.

- japan
  • https://headlines.yahoo.co.jp/hl?a=20170719-00000054-san-pol 民進党の蓮舫代表は18日、自身の台湾籍と日本国籍の「二重国籍」問題をめぐり、昨年9月に台湾籍を離脱した上で、翌10月に日本国籍の選択宣言をしたことを示す戸籍謄本の一部などを開示した。蓮舫氏は記者会見で開示理由について「野党第一党の党首として私の発言の信頼が揺らいではならず、安倍晋三政権に強く説明責任を求める立場を勘案した」と述べた。蓮舫氏が開示したのは、昨年9月13日付で台湾籍を離脱したと記された台湾当局発行の「国籍喪失許可証書」▽日本の国籍法で定められた「日本の国籍を選択し、外国の国籍を放棄する旨の宣言」を同年10月7日に行ったことを示す東京都目黒区役所発行の戸籍謄本▽1987年に失効した台湾の旅券-など数点の写し。家族に関する記載や直筆の署名などは、白く塗りつぶして公表した。
- singapore

  • https://www.quora.com/I-m-from-Hong-Kong-If-I-have-a-Singapore-citizenship-do-I-need-to-give-up-my-HK-ID-and-my-China-home-return-card Singapore does not allow dual citizenship and you need to renounce all foreign citizenships. You can still keep your HKID, although you will be downgraded from the stars to one or no stars, ie permanent residency status. Also your 回乡证 Return Home ID will be cancelled and you are not allowed to apply for it.
- china

  • civil servant
    • 據新華社報道,6月 20日,十三 屆全國人大常委會第十九次會議表決通過公職人員 政務處分法(下簡稱「政務處分法」),其中明確 規定,違反規定出境或者辦理因私出境證件的,予 以記過或者記大過;情節嚴重的,予以降級或者撤 職。違反規定取得外國國籍或者獲取境外永久居留 資格、長期居留許可的,予以撤職或者開除。 政務處分是對違法公職人員的懲戒措施。2018年 3月施行的監察法首次提出政務處分概念。政務處 分法明確:本法適用於監察機關對違法的公職人員 給予政務處分的活動。http://pdf.wenweipo.com/2020/06/21/a11-0621.pdf
  • 中國首艘國產航母002目前仍在海試階段,惟承建航母的中國船舶重工集團有限公司(中船重工)再有高層涉貪腐落台,內地官方日前通報,中船重工第七一八研究所原所長卜建杰因嚴重違紀違法,被開除黨籍。耐人尋味的是,在兩名加拿大人涉及中國國家安全在華被扣查之際,內地官方高調公布卜建杰擁有加拿大國籍,似乎大有玄機。內地官員甚至有軍方將領家人移民海外,已不是新聞,但擁有外國籍的黨政官員卻甚少有披露,即使有也從未公開過國籍名稱,不得不令人聯想,卜或有可能涉及出賣國家軍工機密。http://orientaldaily.on.cc/cnt/china_world/20181226/00182_001.html
  • 陝西省政協委員、西安思源學院董事長周延波早前被前妻踢爆其擁有加拿大永久居民身份,卻仍以政協委員身份在陝西省兩會參政議政。陝西省教育廳日前通報,已責令周辭去政協委員職務,相關程序正在辦理中。https://orientaldaily.on.cc/cnt/china_world/20190320/00178_010.html
  • 身兼河北省人大代表的大陸億萬富豪孫翔,近日被揭發擁有雙重國籍,包括中國以及加勒比島國聖基茨和尼維斯,後者仍是台灣邦交國。河北唐山市人大常委會周二決定罷免孫翔的人大代表職務。https://orientaldaily.on.cc/cnt/china_world/20190807/00178_004.html
citizenship rights
- voting

  • canada


representation in international competition
一位化學系教授傳來一份美國化學專業報紙的新聞(Chemistry news from the week),報導今年7月19日在斯洛伐克舉行的國際化學奧林匹克(International Chemistry Olympiad),於7月29日在捷克閉幕,中國中學生贏得冠軍,與中國同樣奪得四面金牌的,只有美國代表隊。美國代表隊非常興奮,指四面金牌是美國學生歷來在化學奧林匹克的最佳成績。
原來化學教授W要左丁山看的,並不是中美各得四面金牌的新聞,而是看美國代表隊的名字,Yutong Dai,Michelle Lu,Jeffrey Shi,Andrew Wu,兩男兩女,全是華裔,中國移民後人https://hk.lifestyle.appledaily.com/lifestyle/columnist/%E5%B7%A6%E4%B8%81%E5%B1%B1/daily/article/20180830/20487407

multiple/secret nationality of ruling class/elite
- https://www.quora.com/Were-Marcus-Aurelius-Julius-Caesar-and-all-Roman-nobles-secretly-Greek-They-wrote-their-private-letters-in-Greek-How-does-that-relate-to-ancient-Macedonian-nobles

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