Jus Soli - Jus Soli Around The World - Hong Kong

Hong Kong

A modified form of jus soli is provided by the Basic Law of Hong Kong. According to Article 24(1) of the Basic Law of the territory, in force since the July 1997 transfer of sovereignty over Hong Kong, all citizens of the People's Republic of China born in the territory are permanent residents of the territory and have the right of abode in Hong Kong. Furthermore, according to Article 24(5) of the same law, non-citizens born to non-citizen permanent resident parents in Hong Kong also receive permanent residence at birth. Other persons must "ordinarily reside" in Hong Kong for seven continuous years in order to gain permanent residence (Articles 24(2) and 24(5)). In Hong Kong, most political rights and eligibility for most welfare benefits are conferred to permanent residents regardless of citizenship; conversely, PRC citizens who are not permanent residents (such as residents of mainland China and Macau) are not conferred these rights and privileges.

Hong Kong's Immigration Ordinance initially restricted the application of Article 24(1) to babies whose parents had the right of abode at the time of the baby's birth. However, the Court of Final Appeal struck down this portion of the Immigration Ordinance in the 2001 case Director of Immigration v. Chong Fung Yuen. As a consequence, many women from mainland China began coming to Hong Kong to give birth; by 2008, the number of babies in the territory born to mainland mothers had grown to twenty-five times the number five years prior.