SUB-REGIONAL OVERVIEW: EAST ASIA SUB-REGIONAL OVERVIEW: EAST ASIA Sub-Regional Overview: East Asia Countries Covered: People’s Republic of China (China), Hong Kong SAR, Japan, Mongolia, Democratic People’s Republic of Korea (North Korea), Republic of China (Taiwan), Republic of Korea (South Korea) Laws Citizenship Law Jus sanguinis and/or jus soli provisions All the nationality laws in East Asia operate through a jus sanguinis structure, with Taiwan, North Korea, and South Korea additionally utilizing a limited jus soli structure.773 In three States (Japan, South Korea, and Taiwan774) children born to a national parent or parents will be considered a citizen with no distinction made between children born within or outside of the country.775 The citizenship laws of three States (China and Hong Kong, Mongolia and North Korea) provide some differential treatment between children born within or outside of the country.776 It is important to note that China’s Nationality Law has applied to Hong Kong since 1997.777 In both Mongolia and North Korea, a child must be born to two citizen parents in order to be a citizen.778 Children will also become citizens in China and Hong Kong if born in the territory to one citizen parent779 or outside of the territory to one citizen parent as long as both parents have not settled abroad.780 For the acquisition of citizenship for children born to one citizen and one foreign citizen in Mongolia, a written agreement from the parents is required.781 All the nationality laws in East Asia operate through a jus sanguinis structure, with Taiwan, North Korea, and South Korea additionally utilizing a limited jus soli structure. The extra condition of citizenship by acknowledgement is present in the citizenship laws of Japan and South Korea.782 Children born to one South Korean citizen and one foreign citizen may gain citizenship by acknowledgement by the citizen parent.783 While Japan does not require Japanese women who have had a child out 72 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) REPORT 2024 73

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