Whether an individual who has acquired foreign nationality but failed to cancel household registration (hukou) in China should still be regarded as a Chinese citizen.

Facts:
Zhang (pseudonym) was originally a Chinese citizen who later acquired Singaporean nationality. In May 2018, he transferred his household registration to Shenzhen under the status of a returned overseas student. On February 22, 2020, Zhang entered Shenzhen using a Singapore passport with a Q2 (short-term family visit) visa. After the visa expired, he did not leave China and applied for a visa extension in July 2020 as a Singapore national. During this process, authorities discovered that his Shenzhen household registration had not been cancelled and remained active until March 2023.

Public security authorities initiated an investigation. Zhang admitted that he had acquired Singaporean nationality and had submitted documents to the Chinese Embassy in Singapore evidencing automatic loss of Chinese nationality, but had not deregistered his Hukou in China. Immigration records showed that over the past decade, Zhang had applied for Chinese visas nine times and had entered and exited China 187 times using a Singapore passport. Verification with the Singapore Consulate-General in Guangzhou confirmed that Zhang had submitted proof of loss of Chinese nationality at the time of naturalization. Zhang had worked continuously for a Shenzhen-based company since 2007 and received remuneration.

Based on these facts, public security authorities determined that Zhang constituted illegal residence and illegal employment, and imposed administrative detention and a fine. Zhang applied for administrative reconsideration, which upheld the original penalty.

Zhang argued that he had continuously lived and worked in Shenzhen since 2007, had obtained documents such as a Mainland Travel Permit for Hong Kong and Macao and a Chinese driver’s license, had not settled in Singapore, and had never applied to renounce Chinese nationality. He therefore claimed that he remained a Chinese citizen and that his conduct did not constitute illegal residence or employment. Zhang filed an administrative lawsuit seeking revocation of the administrative penalty decision and the reconsideration decision.
Authorities’ Arguments:

The public security authorities contended that neither China nor Singapore recognizes dual nationality. Zhang had automatically lost Chinese nationality upon voluntarily acquiring Singaporean nationality and had submitted proof of such loss. His long-term use of a Singapore passport and Chinese visas demonstrated his awareness and acknowledgment of his foreign nationality. As he worked and resided in China without a valid work permit or residence permit, his conduct constituted illegal employment and illegal residence under the Exit and Entry Administration Law of China.

Court’s Holding:
The court held that under the Nationality Law of China, China does not recognize dual nationality, and a Chinese citizen who voluntarily acquires foreign nationality upon settling abroad automatically loses Chinese nationality. Zhang had submitted proof of loss of Chinese nationality when applying for Singaporean nationality and subsequently used a Singapore passport to apply for Chinese visas and enter and exit China repeatedly, demonstrating recognition of his foreign nationality.

The court found that Zhang’s concealment of his foreign nationality to obtain domestic documents could not establish that he retained Chinese nationality. Zhang overstayed after his Q2 visa expired on May 22, 2020, constituting illegal residence. Additionally, after acquiring Singaporean nationality, he worked in China for an extended period without obtaining a work permit or employment-based residence permit, constituting illegal employment.

The court further held that the public security authorities had followed lawful procedures, including summons, notification of rights and obligations, and investigation, and that the administrative penalties imposed were factually supported, legally grounded, and proportionate.

Judgment:
The court dismissed all of Zhang’s claims. The judgment is final and effective.