Stateless Persons, Stateless Refugees and the 1989 Comprehensive Plan of Action - Part 2: Chinese Nationality and the People's Republic of China

Abstract

This article, Part 1 of which was published in volume 7 number 2, reviews the situation of stateless persons in South East Asia, with particular reference to the operation of the Comprehensive Plan of Action and its application to groups of Vietnamese currently in Hong Kong. Part 1 looked at the legal situation with respect to the Republic of China (Taiway). In Part 2, the author examines policies towards ‘overseas Chinese‘ and the nationality laws of the People's Republic of China and of Vietnam at different points in time, in an attempt to determine the status of ethnic Chinese formerly resident in the latter. The author provides a short, historical introduction to the movements of Chinese into Vietnam, their treatment under different governments, and the impact of the China-Vietnam conflict in 1978-79 which led some 200,000 to find refuge in the People's Republic. Some of the latter made their way to Hong Kong, and the author notes that many may be stateless; however, the application of the relevant stateless persons conventions is also uncertain, while the legal situation is further complicated by the lack of information on nationality legislation in both countries during certain critical periods. She recommends that UNHCR protection should be extended to all those found to be ‘de facto stateless refugees’, remarking that local integration or family-based resettlement would be the best solution. If the individuals are ‘dejiuto stateless persons‘, rather than refugees, then they should be accorded protection by States parties to the CPA and the Stateless Persons and Reduction of Statelessness Conventions