好像官方只说回加拿大要求护照,没说离开加拿大也需要护照
你说的那个规定上说的“定居”定义来源于这份文件
http://www.chinaql.org/n1/2019/0322/c420275-30990528.html
- 有外国PR,两年内在该国住满18个月
- 没有外国PR,但五年内在同一个外国住满30个月
但这份文件结尾也说过,上述规定仅适用于华侨、外籍华人、归侨、侨眷身份的界定,有关他们在中国的政策待遇,应按有关规定执行。换句话说,这个文件里对“定居”的定义,是否适用于国籍法,是一个未知数
国籍法第5 6 7 9 10条都提到了定居,总共五次,目前并没有统一的司法解释。但对第五条,也就是美宝国籍的识别上,定居就是按照PR来算的,有PR就算定居,没有就不算。
但不论定居的定义是公开的还是私密的,至少这五个“定居”应该统一标准,不应该每条的定居都不一样
假如真的以“PR=定居”作为定居的定义,那么法国的规定是,居住五年可以直接申请入籍。即使没有法国永居,也可以跳过PR这一步,直接申请入籍。假如我们把第五条“PR=定居”的定义照搬到第九条,那么这个人肯定不算定居外国,也不会丧失中国国籍。但如果他从中国直飞法国,直接用法国护照值机,中国护照出境,你猜中国边检会不会剪掉他的中国护照?我猜大概率会剪掉,理由同样是定居外国所以丧失中国国籍。但没有PR怎么算定居,怎么会丧失中国国籍?边检恐怕不会跟你解释
之前不是有一个DP吗?中美双持,非联程票,在匈牙利转机回国,航司打电话给中国驻匈牙利大使馆核实情况,大使馆让航司帮忙在中国护照上打叉,写上cancelled字样作废处理。至于航司是否愿意让一个中国护照被打叉作废的人登机,这就是航司自己来决定的事情了。当然,这个事情没看到后续,没下文
你说绿卡丢了但无法证明,边检怀疑你双持,要求你下次带上一次性回美证明书(transportation letter),这是绿卡丢失的人返回美国登机用的证明,以证明你的在美身份status确实是PR而不是公民,否则在任何口岸都不许出境,怎么办?
我会在我亲爱的iask论坛上回复每一条双持有风险的帖子
又一个谬论 – 我们在谈护照的真实性吗? 如果他们“认为有效性存疑”。 那这个存疑的基础是什么?回到本案中, 是不是加航的值机人员应该对每本值机中的中国护照都存疑? 如果是这样,本案中的加航航司人员是按照哪个加航的值机操作细则来对待此案中的中国护照持有者的? 如果说加航的内部规章制度说了,持有中国护照值机者,职员必须查清其是否拥有外国护照,那我也无话可说。
你把我上面说的话复制过来,你自己再好好看看。
航司在决定旅客是否有可以接受的旅行证件,究竟是在参考目的地的国籍法,还是目的地政府的官方操作细则? 如果说,航司完全可以自行解释相关法律,那他们的操作空间很大。但是,如果说他们参考的是操作细则,那他们只能根据细则里面的要求一个一个来。 这是很不一样的。
以加拿大国籍法来做一个例子。加拿大的国籍法Citizenship Act 是这样定义加拿大公民的。这个定义长得可怕。我下面只是复制了一小部分,因为还有很多很多,详细得不能再详细。有多长,你自己去看: Citizenship Act
Persons who are citizens
3 (1) Subject to this Act, a person is a citizen if (a) the person was born in Canada after February 14, 1977; (b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen; (c) the person has been granted or acquired citizenship pursuant to section 5 or 11 and, in the case of a person who is fourteen years of age or over on the day that he is granted citizenship, he has taken the oath of citizenship; (c.1) the person has been granted citizenship under section 5.1; (d) the person was a citizen immediately before February 15, 1977; (e) the person was entitled, immediately before February 15, 1977, to become a citizen under paragraph 5(1)(b) of the former Act; (f) before the coming into force of this paragraph, the person ceased to be a citizen for any reason other than the following reasons and did not subsequently become a citizen: (i) the person renounced his or her citizenship under any of the following provisions: (A) paragraph 19(2)(c) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1951, c. 12, s. 1(3), (B) paragraph 19(2)(c) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, (C) subparagraph 19(1)(b)(iii) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 5, (D) subparagraph 18(1)(b)(iii) of the former Act, (E) section 8 of the Citizenship Act, S.C. 1974-75-76, c. 108, or (F) section 9 of this Act, (ii) the person’s citizenship was revoked for false representation, fraud or concealment of material circumstances under any of the following provisions: (A) paragraph 21(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, (B) paragraph 19(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 8, (C) paragraph 19(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as it read before the coming into force of An Act to amend the Canadian Citizenship Act, S.C. 1967-68, c. 4, (D) paragraph 19(1)(a) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 5, (E) paragraph 18(1)(a) of the former Act, (F) section 9 of the Citizenship Act, S.C. 1974-75-76, c. 108, or (G) section 10 of this Act, or (iii) the person failed to make an application to retain his or her citizenship under section 8 as it read before the coming into force of this paragraph or did make such an application that subsequently was not approved; (g) the person was born outside Canada before February 15, 1977 to a parent who was a citizen at the time of the birth and the person did not, before the coming into force of this paragraph, become a citizen;…
你以为,航司在决定旅客是否是加拿大公民,是在参考这个加拿大国籍法??
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还是说,航司参考的是目的地的官方,可接受的入境文件的操作细则?
Acceptable documents to denote identity and citizenship
If you have a Canadian passport
Carry a valid Canadian passport for all visits abroad, including visits to the US. It is the only universally accepted identification document and it proves that you have a right to return to Canada.
If you don’t have a Canadian passport
Oher acceptable documents that support identity and/or citizenship include, but are not limited to:
Travel documentsCanadian emergency travel document Canadian temporary passport CANPASS authorization, held by a Canadian citizen Commercial driver registration program card, held by a Canadian citizen FAST card (Free and Secure Trade), held by a Canadian citizen NEXUS card, held by a Canadian citizenCitizenship and immigration documents
Canadian permanent residence card Canadian citizenship card Certificate of Canadian citizenship (issued from 1954 to present) Certificate of Canadian citizenship (large form issued between January 1, 1947, to February 14, 1977) Certificate of retention (issued between January 1, 1947, and February 14, 1977) Certificate of naturalization (issued before January 1, 1947) Registration of birth abroad certificate (issued between January 1, 1947, and February 14, 1977, by Canadian citizenship authorities)
现在你懂了吗???
加航究竟是应该参考中国的国籍法,还是中国官方列出来的可以接受为入境中国的文件?你自己好好理清一下。
冷饭来回炒几次了,不继续炒了。
本案中加航值机人员有合理理由存疑,只不过你不认为他们应该管你罢了。你不需要自行滑梯到空虚无理由怀疑。
哪里有规定万事必须要有值机操作细则才行?你护照拿笔划画1毫米还是1毫米才算损毁有细则吗?再者说manual是航空公司内部文件,我没有,你有的话你拿出来看看。
他们有权参考任何法律决定证件是否有效。法律复杂又如何?警察/Attorney General/IRCC/CBSA也背不出所有法律,就能说明他们不能参考法律?CBSA入职教他们用ENF当做manual,说明IRPA, IRPR和Citizenship Act在CBSA那不存在?两个字,荒谬。
死鸭子嘴硬。呵呵。航空公司职员在值机的时候会参考比如像加拿大Citizenship Act 那样的国籍法? 你认为航司自己认为他们自己有能力来理解这个法律吗
?我再次把加拿大国籍法给你贴出来一部分,让你自己和别人看看你的说法有多么荒唐:
Persons who are citizens
3 (1) Subject to this Act, a person is a citizen if (a) the person was born in Canada after February 14, 1977; (b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen; (c) the person has been granted or acquired citizenship pursuant to section 5 or 11 and, in the case of a person who is fourteen years of age or over on the day that he is granted citizenship, he has taken the oath of citizenship; (c.1) the person has been granted citizenship under section 5.1; (d) the person was a citizen immediately before February 15, 1977; (e) the person was entitled, immediately before February 15, 1977, to become a citizen under paragraph 5(1)(b) of the former Act; (f) before the coming into force of this paragraph, the person ceased to be a citizen for any reason other than the following reasons and did not subsequently become a citizen: (i) the person renounced his or her citizenship under any of the following provisions: (A) paragraph 19(2)(c) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1951, c. 12, s. 1(3), (B) paragraph 19(2)(c) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, (C) subparagraph 19(1)(b)(iii) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 5, (D) subparagraph 18(1)(b)(iii) of the former Act, (E) section 8 of the Citizenship Act, S.C. 1974-75-76, c. 108, or (F) section 9 of this Act, (ii) the person’s citizenship was revoked for false representation, fraud or concealment of material circumstances under any of the following provisions: (A) paragraph 21(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, (B) paragraph 19(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 8, (C) paragraph 19(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as it read before the coming into force of An Act to amend the Canadian Citizenship Act, S.C. 1967-68, c. 4, (D) paragraph 19(1)(a) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 5, (E) paragraph 18(1)(a) of the former Act, (F) section 9 of the Citizenship Act, S.C. 1974-75-76, c. 108, or (G) section 10 of this Act, or (iii) the person failed to make an application to retain his or her citizenship under section 8 as it read before the coming into force of this paragraph or did make such an application that subsequently was not approved; (g) the person was born outside Canada before February 15, 1977 to a parent who was a citizen at the time of the birth and the person did not, before the coming into force of this paragraph, become a citizen; (h) the person was granted citizenship under section 5, as it read before the coming into force of this paragraph, the person would have, but for that grant, been a citizen under paragraph (g) and, if it was required, he or she took the oath of citizenship; (i) the person had been a citizen other than by way of grant, ceased to be a citizen for a reason other than the reasons referred to in subparagraphs (f)(i) to (iii), was subsequently granted citizenship before the coming into force of this paragraph under any of the following provisions and, if it was required, he or she took the oath of citizenship: (i) subsection 10(1) of the Citizenship Act, S.C. 1974-75-76, c. 108, (ii) subsection 5(1) or (4) or 11(1) of this Act, or (iii) paragraph 5(2)(a) of this Act, as it read before the coming into force of this paragraph; (j) under prior legislation, the person had been a citizen other than by way of grant, ceased to be a citizen for a reason other than the reasons referred to in subparagraphs (f)(i) and (ii) and resumed citizenship; (k) the person, before January 1, 1947, was born or naturalized in Canada but ceased to be a British subject, and did not become a citizen on that day; (l) the person, before April 1, 1949, was born or naturalized in Newfoundland and Labrador but ceased to be a British subject, and did not become a citizen on or before that day; (m) the person, on January 1, 1947, was a British subject neither born nor naturalized in Canada and was ordinarily resident in Canada, and did not become a citizen on that day; (n) the person, on April 1, 1949, was a British subject neither born nor naturalized in Newfoundland and Labrador and was ordinarily resident there, and did not become a citizen on or before that day; (o) the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who is a citizen under paragraph (k) or (m), and the person did not become a citizen on that day; (p) the person was born outside Canada and Newfoundland and Labrador before April 1, 1949 to a parent who is a citizen under paragraph (l) or (n), and the person did not become a citizen on or before that day; (q) the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who became a citizen on that day under the Canadian Citizenship Act, S.C. 1946, c. 15, and the person did not become a citizen on that day; or (r) the person was born outside Canada and Newfoundland and Labrador before April 1, 1949 to a parent who became a citizen on that day under section 44A of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1949, c. 6, and the person did not become a citizen on or before that day. Marginal note:For greater certainty (1.01) For greater certainty, the reference to “Canada” in paragraphs (1)(k), (m) and (o) to (r) is a reference to Canada as it existed immediately before the union of Newfoundland and Labrador with Canada. Marginal note:Citizen despite death of parent (1.1) A person who would not become a citizen under paragraph (1)(b), (g) or (h) for the sole reason that, on the coming into force of this subsection, his or her parent — referred to in one of those paragraphs — is deceased, is a citizen under paragraph (1)(b), (g) or (h) if that parent, but for his or her death, would have been a citizen under paragraph (1)(f), (i) or (j). Marginal note:Citizen despite death of parent (1.2) A person who would not become a citizen under paragraph (1)(b), (g), (h), (o) or (p) for the sole reason that, on the coming into force of this subsection, his or her parent — referred to in one of those paragraphs — is deceased, is a citizen under that paragraph if that parent, but for his or her death, would have been a citizen under any of paragraphs (1)(k) to (n). Marginal note:Citizen despite death of parent (1.3) A person who would not become a citizen under paragraph (1)(q) for the sole reason that his or her parent died before January 1, 1947 and did not become a citizen on that day under the Canadian Citizenship Act, S.C. 1946, c. 15, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force rather than January 1, 1947. Marginal note:Citizen despite death of parent (1.4) A person who would not become a citizen under paragraph (1)(r) for the sole reason that his or her parent died before April 1, 1949 and did not become a citizen on that day under section 44A of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1949, c. 6, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force rather than April 1, 1949. Marginal note:Not applicable to children of foreign diplomats, etc. (2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of his parents was (a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government; (b) an employee in the service of a person referred to in paragraph (a); or (c) an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a). Marginal note:Not applicable — paragraphs (1)(k), (m), (o) and (q) (2.1) Paragraphs (1)(k), (m), (o) and (q) do not apply to a person if (a) before January 1, 1947, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or (b) the person became a citizen by way of grant on or after January 1, 1947 and subsequently (i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or (ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G). Marginal note:Not applicable — paragraphs (1)(b), (g) and (h) (2.2) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k), (m), (o) and (q) — if the person became a citizen by way of grant on or after January 1, 1947 and subsequently (a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or (b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G). Marginal note:Not applicable — paragraphs (1)(l), (n), (p) and (r) (2.3) Paragraphs (1)(l), (n), (p) and (r) do not apply to a person if (a) before April 1, 1949, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or (b) the person became a citizen by way of grant on or after April 1, 1949 and subsequently (i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or (ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G). Marginal note:Not applicable — paragraphs (1)(b), (g) and (h) (2.4) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(l), (n), (p) and (r) — if the person became a citizen by way of grant on or after April 1, 1949 and subsequently (a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or (b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G). Marginal note:Not applicable — after first generation (3) Paragraphs (1)(b), (f) to (j), (q) and (r) do not apply to a person born outside Canada (a) if, at the time of his or her birth, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(b), (c.1), (e), (g), (h), (o), (p), (q) or (r) or both of the person’s parents were citizens under any of those paragraphs; (a.1) if the person was born before January 1, 1947 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(o) or (q), or both of the person’s parents were citizens under either of those paragraphs; (a.2) if the person was born before April 1, 1949 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(p) or (r), or both of the person’s parents were citizens under either of those paragraphs; or (b) if, at any time, only one of the person’s parents was a citizen and that parent was a citizen under any of the following provisions, or both of the person’s parents were citizens under any of the following provisions: (i) paragraph 4(b) or 5(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, (ii) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2, (iii) paragraph 4(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1952-53, c. 23, s. 2(1), (iv) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2 and amended by S.C. 1952-53, c. 23, s. 3(1), (v) paragraph 4(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1952-53, c. 23, s. 13(1), (vi) paragraph 5(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as amended by S.C. 1952-53, c. 23, s. 14(1), (vii) subsection 39B(1) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 10, or (viii) paragraph 4(1)(b) or 5(1)(b) or subsection 42(1) of the former Act. Marginal note:Exception — transitional provision (4) Subsection (3) does not apply to a person who, on the coming into force of that subsection, was a citizen. However, that subsection applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of any of paragraphs (7)(d) to (g) in respect of one of his or her parents. Marginal note:Exception — transitional provision (4.1) Subsection (3) does not apply to a person who, on the coming into force of this subsection, was a citizen. However, that subsection applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of paragraph (7)(i), (k) or (m) in respect of one of his or her parents. Marginal note:Exception — child or grandchild of person in service abroad (5) Subsection (3) does not apply to a person (a) born to a parent who, at the time of the person’s birth, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; (b) born to a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or (c) born to a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person. Marginal note:Citizenship other than by way of grant — grandchild of person in service abroad (5.1) A person who is born outside Canada to a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in subparagraphs (3)(b)(i) to (viii) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2) or (4) or 11(1) of this Act is deemed, as of the coming into force of this subsection, never to have been a citizen by way of grant: (a) a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or (b) a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person. Marginal note:Non-application of subsection (5.1) (5.2) Subsection (5.1) does not apply to a person born outside Canada after February 14, 1977 who, before April 17, 2009, ceased to be a citizen because he or she failed to make an application to retain his or her citizenship under section 8, as it read before April 17, 2009, or made an application but the application was not approved. Marginal note:Citizenship other than by way of grant (6) A person referred to in paragraph (1)(h), (i) or (j) is deemed, except for the purposes of that paragraph, never to have been a citizen by way of grant. Marginal note:Citizenship other than by way of grant — certain children born after February 14, 1977 (6.1) A person who was born outside Canada after February 14, 1977 and who, before the coming into force of this subsection, was granted citizenship under section 5 is deemed never to have been a citizen by way of grant if (a) he or she was born to a parent who was born in Canada and who is a citizen under paragraph (1)(f) or (i); or (b) he or she was born to a parent who was born outside Canada to parents neither of whom was a citizen at the time of that parent’s birth, and who is a citizen under paragraph (1)(f) or (i). Marginal note:Citizenship other than by way of grant (6.2) A person referred to in any of paragraphs (1)(k) to (r) — or a person referred to in paragraph (1)(b) or (g) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k) to (n) — who became a citizen by way of grant before the coming into force of this subsection is deemed, except for the purposes of paragraph (2.1)(b), subsection (2.2), paragraph (2.3)(b), subsection (2.4) and subparagraphs 27(j.1)(ii) and (iii), never to have been a citizen by way of grant. Marginal note:Deemed application (6.3) A person who is referred to in paragraph (1)(k), (l), (m) or (n) and also in paragraph (1)(o), (p), (q) or (r) is deemed to be a citizen only under that paragraph (o), (p), (q) or (r). Marginal note:Deemed application (7) Despite any provision of this Act or any Act respecting naturalization or citizenship that was in force in Canada at any time before the day on which this subsection comes into force (a) a person referred to in paragraph (1)(c) who was, before the coming into force of this subsection, granted citizenship under any of the following provisions after ceasing to be a citizen by way of grant for any reason other than the reasons referred to in subparagraphs (1)(f)(i) to (iii) is deemed to be a citizen under paragraph (1)(c) from the time that he or she ceased to be a citizen: (i) subsection 10(1) of the Citizenship Act, S.C. 1974-75-76, c. 108, (ii) subsection 5(1) or (4) or 11(1) of this Act, or (iii) paragraph 5(2)(a) of this Act, as it read before the coming into force of this paragraph; (b) a person referred to in paragraph (1)(d) who, under prior legislation, ceased to be a citizen by way of grant for any reason other than the reasons referred to in subparagraphs (1)(f)(i) and (ii) and resumed citizenship is deemed to be a citizen under paragraph (1)(d) from the time that he or she ceased to be a citizen; (c) a person referred to in paragraph (1)(f) who, at the time he or she ceased to be a citizen, was a citizen by way of grant is deemed to have been granted citizenship under that paragraph at that time; (d) a person referred to in paragraph (1)(f) — other than a person described in paragraph (c) — is deemed to be a citizen under paragraph (1)(f) from the time the person ceased to be a citizen; (e) a person referred to in paragraph (1)(g) or (h) is deemed to be a citizen from the time that he or she was born; (f) a person referred to in paragraph (1)(i) is deemed to be a citizen under that paragraph from the time that he or she ceased to be a citizen; (g) a person referred to in paragraph (1)(j) is deemed to be a citizen under that paragraph from the time that he or she ceased to be a citizen; (h) a person referred to in paragraph (1)(b) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are referred to in paragraph (1)(f) or (i) is deemed to be a citizen under paragraph (1)(b) from the time that he or she was born; (i) a person referred to in paragraph (1)(b) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are referred to in any of paragraphs (1)(k) to (n) is deemed to be a citizen under paragraph (1)(b) from the time that he or she was born; (j) a person referred to in paragraph (1)(k) or (m) is deemed to be a citizen under that paragraph as of January 1, 1947; (k) a person referred to in paragraph (1)(o) or (q) is deemed to be a citizen under that paragraph as of January 1, 1947; (l) a person referred to in paragraph (1)(l) or (n) is deemed to be a citizen under that paragraph as of April 1, 1949; and (m) a person referred to in paragraph (1)(p) or (r) is deemed to be a citizen under that paragraph as of April 1, 1949. Marginal note:Limitation (8) For any period before the day on which subsection (7) first takes effect with respect to a person, (a) subsection (7) does not have the effect of conferring any rights, powers or privileges — or imposing any obligations, duties or liabilities — under any Act of Parliament other than this Act or any other law on the person or on any other person who may have any of those rights, powers, privileges, obligations, duties and liabilities as a result of the first person becoming a citizen; and (b) no action or other proceedings for damages based on subsection (7) may be brought against Her Majesty in right of Canada or any officers, employees or agents of Her Majesty in right of Canada in respect of anything done or omitted to be done during that period.
3 Every passport
- (a) shall be in a form prescribed by the Minister;
- (b) shall be issued in the name of the Minister on behalf of Her Majesty in right of Canada;
- (c) shall at all times remain the property of Her Majesty in right of Canada;
- (d) shall be issued on the condition that the bearer will return it to the Minister without delay after the Minister requests it; and
- (e) shall be signed by the person to whom it is issued.
呵呵,Passport Order还说了什么时候有效无效呢,航空公司职员不能理解执行了?说得好像航空公司在柜台亲自签发护照一样,有谁说过航空公司需要现场决定乘客是否是公民了?说的是乘客自己承认自己在法律下有导致自己不是公民持有护照的事实上,航空公司能不能不认。照你说法,乘客自己承认护照是假的,航空公司都要认这个表面有效的护照。反正表面有效嘛。真真假假你拿细则呀。
我再问你一遍,航司在值机的时候真的如你说的一样会参考加拿大的国籍法 Citizenship Act?
说过好几次的冷饭不要再炒了,滋扰他人又没有信息量。
这可不是冷饭。这是可是你的论点的中心,因为你在我的帖子下面的第一个回复就说了如下:
我现在举出了加拿大国籍法。让你和其他人都突然意识到了航司试图来诠释目的地国家的法律是多么的荒谬和不合理。你现在说你自己论点的中心是“冷饭”?
恩,是已经炒过n次的中心了。这边建议如果没鼠标的话,可以买一个然后用滚轮往上滑。
是的是的,航空公司诠释Passport Order来说明加拿大护照是否有效荒谬和不合理。航空公司根据IRPR 190(3)(f)放一个去墨西哥度假回来有大签没小签的人也荒谬和不合理。你这么喜欢找manual,那你找找manual呀。当目的地国家法律是真空最合适。
讨论实然没有意义,因为很容易变。应然难变,我们应该讨论应然。所以有没有没有意义,不如说能不能 ![]()
首先你举的那个IRPR 190(3)(f)不是法律 (law/legislation/statue), 是法规 (regulation)。这两者的区别你应该知道吧?
你的论点的中心是目的地国家的法律啊。
我再问你一遍,航司在值机的时候真的如你说的一样会参考加拿大的国籍法 Citizenship Act?
法规是真空中脱离法律存在的?你的意思是不能参考法律(primary legislation),但是可以参考附属法例/法规?你是天真地觉得天朝是没法规的吗?
我的论点的中心是目的地国家广义的法律,包括任何法律法规宪法precedent等有force of law的文件。你不要自行狭义解释然后来套,这样没意义。
炒了几遍了,最后回答一次,they may。他们可以参考任何法律考虑护照是否有效,但不能自己用它变出护照。他们在大部分时候没能力考虑不代表他们不能在有能力的时候考虑。你引用1000条想证明航空公司没本事考虑都irrevelant。
你先了解一下法律和法规的区别。你自己一直用的是”法律“ 这个词。法律是需要诠释的。法规基本不需要,可以直接操作。两者完全不一样。这个帖子讨论的中心就是航司诠释中国国籍法。 中国的国籍法,你说是法律,还是法规?
哦,所以你说航空公司在值机的时候会参考加拿大国籍法 Citizenship Act, 就是下面的东西。我让别人来判断这个说法和不合理吧:
Persons who are citizens
3 (1) Subject to this Act, a person is a citizen if (a) the person was born in Canada after February 14, 1977; (b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen; (c) the person has been granted or acquired citizenship pursuant to section 5 or 11 and, in the case of a person who is fourteen years of age or over on the day that he is granted citizenship, he has taken the oath of citizenship; (c.1) the person has been granted citizenship under section 5.1; (d) the person was a citizen immediately before February 15, 1977; (e) the person was entitled, immediately before February 15, 1977, to become a citizen under paragraph 5(1)(b) of the former Act; (f) before the coming into force of this paragraph, the person ceased to be a citizen for any reason other than the following reasons and did not subsequently become a citizen: (i) the person renounced his or her citizenship under any of the following provisions: (A) paragraph 19(2)(c) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1951, c. 12, s. 1(3), (B) paragraph 19(2)(c) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, (C) subparagraph 19(1)(b)(iii) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 5, (D) subparagraph 18(1)(b)(iii) of the former Act, (E) section 8 of the Citizenship Act, S.C. 1974-75-76, c. 108, or (F) section 9 of this Act, (ii) the person’s citizenship was revoked for false representation, fraud or concealment of material circumstances under any of the following provisions: (A) paragraph 21(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, (B) paragraph 19(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 8, (C) paragraph 19(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as it read before the coming into force of An Act to amend the Canadian Citizenship Act, S.C. 1967-68, c. 4, (D) paragraph 19(1)(a) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 5, (E) paragraph 18(1)(a) of the former Act, (F) section 9 of the Citizenship Act, S.C. 1974-75-76, c. 108, or (G) section 10 of this Act, or (iii) the person failed to make an application to retain his or her citizenship under section 8 as it read before the coming into force of this paragraph or did make such an application that subsequently was not approved; (g) the person was born outside Canada before February 15, 1977 to a parent who was a citizen at the time of the birth and the person did not, before the coming into force of this paragraph, become a citizen; (h) the person was granted citizenship under section 5, as it read before the coming into force of this paragraph, the person would have, but for that grant, been a citizen under paragraph (g) and, if it was required, he or she took the oath of citizenship; (i) the person had been a citizen other than by way of grant, ceased to be a citizen for a reason other than the reasons referred to in subparagraphs (f)(i) to (iii), was subsequently granted citizenship before the coming into force of this paragraph under any of the following provisions and, if it was required, he or she took the oath of citizenship: (i) subsection 10(1) of the Citizenship Act, S.C. 1974-75-76, c. 108, (ii) subsection 5(1) or (4) or 11(1) of this Act, or (iii) paragraph 5(2)(a) of this Act, as it read before the coming into force of this paragraph; (j) under prior legislation, the person had been a citizen other than by way of grant, ceased to be a citizen for a reason other than the reasons referred to in subparagraphs (f)(i) and (ii) and resumed citizenship; (k) the person, before January 1, 1947, was born or naturalized in Canada but ceased to be a British subject, and did not become a citizen on that day; (l) the person, before April 1, 1949, was born or naturalized in Newfoundland and Labrador but ceased to be a British subject, and did not become a citizen on or before that day; (m) the person, on January 1, 1947, was a British subject neither born nor naturalized in Canada and was ordinarily resident in Canada, and did not become a citizen on that day; (n) the person, on April 1, 1949, was a British subject neither born nor naturalized in Newfoundland and Labrador and was ordinarily resident there, and did not become a citizen on or before that day; (o) the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who is a citizen under paragraph (k) or (m), and the person did not become a citizen on that day; (p) the person was born outside Canada and Newfoundland and Labrador before April 1, 1949 to a parent who is a citizen under paragraph (l) or (n), and the person did not become a citizen on or before that day; (q) the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who became a citizen on that day under the Canadian Citizenship Act, S.C. 1946, c. 15, and the person did not become a citizen on that day; or (r) the person was born outside Canada and Newfoundland and Labrador before April 1, 1949 to a parent who became a citizen on that day under section 44A of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1949, c. 6, and the person did not become a citizen on or before that day. Marginal note:For greater certainty (1.01) For greater certainty, the reference to “Canada” in paragraphs (1)(k), (m) and (o) to (r) is a reference to Canada as it existed immediately before the union of Newfoundland and Labrador with Canada. Marginal note:Citizen despite death of parent (1.1) A person who would not become a citizen under paragraph (1)(b), (g) or (h) for the sole reason that, on the coming into force of this subsection, his or her parent — referred to in one of those paragraphs — is deceased, is a citizen under paragraph (1)(b), (g) or (h) if that parent, but for his or her death, would have been a citizen under paragraph (1)(f), (i) or (j). Marginal note:Citizen despite death of parent (1.2) A person who would not become a citizen under paragraph (1)(b), (g), (h), (o) or (p) for the sole reason that, on the coming into force of this subsection, his or her parent — referred to in one of those paragraphs — is deceased, is a citizen under that paragraph if that parent, but for his or her death, would have been a citizen under any of paragraphs (1)(k) to (n). Marginal note:Citizen despite death of parent (1.3) A person who would not become a citizen under paragraph (1)(q) for the sole reason that his or her parent died before January 1, 1947 and did not become a citizen on that day under the Canadian Citizenship Act, S.C. 1946, c. 15, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force rather than January 1, 1947. Marginal note:Citizen despite death of parent (1.4) A person who would not become a citizen under paragraph (1)(r) for the sole reason that his or her parent died before April 1, 1949 and did not become a citizen on that day under section 44A of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1949, c. 6, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force rather than April 1, 1949. Marginal note:Not applicable to children of foreign diplomats, etc. (2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of his parents was (a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government; (b) an employee in the service of a person referred to in paragraph (a); or (c) an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a). Marginal note:Not applicable — paragraphs (1)(k), (m), (o) and (q) (2.1) Paragraphs (1)(k), (m), (o) and (q) do not apply to a person if (a) before January 1, 1947, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or (b) the person became a citizen by way of grant on or after January 1, 1947 and subsequently (i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or (ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G). Marginal note:Not applicable — paragraphs (1)(b), (g) and (h) (2.2) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k), (m), (o) and (q) — if the person became a citizen by way of grant on or after January 1, 1947 and subsequently (a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or (b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G). Marginal note:Not applicable — paragraphs (1)(l), (n), (p) and (r) (2.3) Paragraphs (1)(l), (n), (p) and (r) do not apply to a person if (a) before April 1, 1949, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or (b) the person became a citizen by way of grant on or after April 1, 1949 and subsequently (i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or (ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G). Marginal note:Not applicable — paragraphs (1)(b), (g) and (h) (2.4) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(l), (n), (p) and (r) — if the person became a citizen by way of grant on or after April 1, 1949 and subsequently (a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or (b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G). Marginal note:Not applicable — after first generation (3) Paragraphs (1)(b), (f) to (j), (q) and (r) do not apply to a person born outside Canada (a) if, at the time of his or her birth, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(b), (c.1), (e), (g), (h), (o), (p), (q) or (r) or both of the person’s parents were citizens under any of those paragraphs; (a.1) if the person was born before January 1, 1947 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(o) or (q), or both of the person’s parents were citizens under either of those paragraphs; (a.2) if the person was born before April 1, 1949 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(p) or (r), or both of the person’s parents were citizens under either of those paragraphs; or (b) if, at any time, only one of the person’s parents was a citizen and that parent was a citizen under any of the following provisions, or both of the person’s parents were citizens under any of the following provisions: (i) paragraph 4(b) or 5(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, (ii) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2, (iii) paragraph 4(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1952-53, c. 23, s. 2(1), (iv) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2 and amended by S.C. 1952-53, c. 23, s. 3(1), (v) paragraph 4(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1952-53, c. 23, s. 13(1), (vi) paragraph 5(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as amended by S.C. 1952-53, c. 23, s. 14(1), (vii) subsection 39B(1) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 10, or (viii) paragraph 4(1)(b) or 5(1)(b) or subsection 42(1) of the former Act. Marginal note:Exception — transitional provision (4) Subsection (3) does not apply to a person who, on the coming into force of that subsection, was a citizen. However, that subsection applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of any of paragraphs (7)(d) to (g) in respect of one of his or her parents. Marginal note:Exception — transitional provision (4.1) Subsection (3) does not apply to a person who, on the coming into force of this subsection, was a citizen. However, that subsection applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of paragraph (7)(i), (k) or (m) in respect of one of his or her parents. Marginal note:Exception — child or grandchild of person in service abroad (5) Subsection (3) does not apply to a person (a) born to a parent who, at the time of the person’s birth, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; (b) born to a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or (c) born to a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person. Marginal note:Citizenship other than by way of grant — grandchild of person in service abroad (5.1) A person who is born outside Canada to a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in subparagraphs (3)(b)(i) to (viii) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2) or (4) or 11(1) of this Act is deemed, as of the coming into force of this subsection, never to have been a citizen by way of grant: (a) a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or (b) a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person. Marginal note:Non-application of subsection (5.1) (5.2) Subsection (5.1) does not apply to a person born outside Canada after February 14, 1977 who, before April 17, 2009, ceased to be a citizen because he or she failed to make an application to retain his or her citizenship under section 8, as it read before April 17, 2009, or made an application but the application was not approved. Marginal note:Citizenship other than by way of grant (6) A person referred to in paragraph (1)(h), (i) or (j) is deemed, except for the purposes of that paragraph, never to have been a citizen by way of grant. Marginal note:Citizenship other than by way of grant — certain children born after February 14, 1977 (6.1) A person who was born outside Canada after February 14, 1977 and who, before the coming into force of this subsection, was granted citizenship under section 5 is deemed never to have been a citizen by way of grant if (a) he or she was born to a parent who was born in Canada and who is a citizen under paragraph (1)(f) or (i); or (b) he or she was born to a parent who was born outside Canada to parents neither of whom was a citizen at the time of that parent’s birth, and who is a citizen under paragraph (1)(f) or (i). Marginal note:Citizenship other than by way of grant (6.2) A person referred to in any of paragraphs (1)(k) to (r) — or a person referred to in paragraph (1)(b) or (g) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k) to (n) — who became a citizen by way of grant before the coming into force of this subsection is deemed, except for the purposes of paragraph (2.1)(b), subsection (2.2), paragraph (2.3)(b), subsection (2.4) and subparagraphs 27(j.1)(ii) and (iii), never to have been a citizen by way of grant. Marginal note:Deemed application (6.3) A person who is referred to in paragraph (1)(k), (l), (m) or (n) and also in paragraph (1)(o), (p), (q) or (r) is deemed to be a citizen only under that paragraph (o), (p), (q) or (r). Marginal note:Deemed application (7) Despite any provision of this Act or any Act respecting naturalization or citizenship that was in force in Canada at any time before the day on which this subsection comes into force (a) a person referred to in paragraph (1)(c) who was, before the coming into force of this subsection, granted citizenship under any of the following provisions after ceasing to be a citizen by way of grant for any reason other than the reasons referred to in subparagraphs (1)(f)(i) to (iii) is deemed to be a citizen under paragraph (1)(c) from the time that he or she ceased to be a citizen: (i) subsection 10(1) of the Citizenship Act, S.C. 1974-75-76, c. 108, (ii) subsection 5(1) or (4) or 11(1) of this Act, or (iii) paragraph 5(2)(a) of this Act, as it read before the coming into force of this paragraph; (b) a person referred to in paragraph (1)(d) who, under prior legislation, ceased to be a citizen by way of grant for any reason other than the reasons referred to in subparagraphs (1)(f)(i) and (ii) and resumed citizenship is deemed to be a citizen under paragraph (1)(d) from the time that he or she ceased to be a citizen; (c) a person referred to in paragraph (1)(f) who, at the time he or she ceased to be a citizen, was a citizen by way of grant is deemed to have been granted citizenship under that paragraph at that time; (d) a person referred to in paragraph (1)(f) — other than a person described in paragraph (c) — is deemed to be a citizen under paragraph (1)(f) from the time the person ceased to be a citizen; (e) a person referred to in paragraph (1)(g) or (h) is deemed to be a citizen from the time that he or she was born; (f) a person referred to in paragraph (1)(i) is deemed to be a citizen under that paragraph from the time that he or she ceased to be a citizen; (g) a person referred to in paragraph (1)(j) is deemed to be a citizen under that paragraph from the time that he or she ceased to be a citizen; (h) a person referred to in paragraph (1)(b) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are referred to in paragraph (1)(f) or (i) is deemed to be a citizen under paragraph (1)(b) from the time that he or she was born; (i) a person referred to in paragraph (1)(b) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are referred to in any of paragraphs (1)(k) to (n) is deemed to be a citizen under paragraph (1)(b) from the time that he or she was born; (j) a person referred to in paragraph (1)(k) or (m) is deemed to be a citizen under that paragraph as of January 1, 1947; (k) a person referred to in paragraph (1)(o) or (q) is deemed to be a citizen under that paragraph as of January 1, 1947; (l) a person referred to in paragraph (1)(l) or (n) is deemed to be a citizen under that paragraph as of April 1, 1949; and (m) a person referred to in paragraph (1)(p) or (r) is deemed to be a citizen under that paragraph as of April 1, 1949. Marginal note:Limitation (8) For any period before the day on which subsection (7) first takes effect with respect to a person, (a) subsection (7) does not have the effect of conferring any rights, powers or privileges — or imposing any obligations, duties or liabilities — under any Act of Parliament other than this Act or any other law on the person or on any other person who may have any of those rights, powers, privileges, obligations, duties and liabilities as a result of the first person becoming a citizen; and (b) no action or other proceedings for damages based on subsection (7) may be brought against Her Majesty in right of Canada or any officers, employees or agents of Her Majesty in right of Canada in respect of anything done or omitted to be done during that period.
我可没说“成文法”,你自己要把法律理解为只有成文法是你的事。。脱离法律的法规有什么效力?Law - Wikipedia
State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions.
退一万步说,我说可以参考法律,有说不准参考法规吗?
哈哈哈哈,好像法规用代码写的,不是自然语言一样。司法复核的时候法庭不需要解释regulation的吗? Interpretation Act (justice.gc.ca) 的 short title 叫 An Act respecting the interpretation of statutes and regulations。你去找国会修正吧。
你爱复制Citizenship Act就复制吧。建议不要越扯越远,影响自己的credibility
什么成文法。我和你讨论了成文法和precedents 的区别了吗?你怎么老是在这里搞稻草人的谬论。我眼里statues/legislation 和 legal precedents 都是法律。这与本贴无关,因为中国不是通用法的国家。你才是在扯远。
我没有说你说过不允许参考法规。但是可以参考当地法律是你的论点中心。航司参考法律是很荒谬的事情,从我复制的加拿大的国籍法内容就可以看出来。 而本帖讨论的是对中国国籍法的诠释。
我眼里regulation也是法律,Regulations have the force of law。
你可以自己慢慢考虑,我没有兴趣研究这种定义问题。你可以慢慢研究common law, charter算什么。我没有兴趣。
每个国家法律系统不同。正常人会把法律理解为广义的法律。另外第一次看到把普通法说成通用法的,你可以继续通用。
这是你自认为的。自己把“法律”解释得如此狭隘还说是中心。