British Nationality Law and Hong Kong - Chinese View On Nationality of Hong Kong Residents

Chinese View On Nationality of Hong Kong Residents

Chinese nationality law has applied in Hong Kong since the handover on 1 July 1997. Hong Kong BDTC status ceased to exist and cannot be regained. An interpretation for implementing PRC nationality law for Hong Kong was presented at the Nineteenth Session of the Standing Committee of the Eighth National People's Congress on 15 May 1996, a year prior to the Hong Kong handover and came into effect on 1 July 1997. The explanations concerning the implementation of the nationality of Hong Kong citizens is that Hong Kong citizens of Chinese descent are Chinese nationals whether or not they have acquired other foreign citizenship(s). In other words, Hong Kong residents of Chinese nationality do not lose their citizenship upon acquiring foreign one(s) which reinterprets Article 9 of the Nationality Law from its obvious meaning.

This is reflected in the position the Hong Kong Immigration Department currently has on Hong Kong residents (including former residents) of Chinese nationality who were Hong Kong permanent residents immediately before 1 July 1997 and hold foreign passports. Those who were permanent residents before the Handover continue to enjoy right of abode in Hong Kong whether they have remained overseas for long time or hold foreign nationality. They however, will not enjoy foreign consular protection in Hong Kong as long as they do not declare a change of nationality to the Immigration Department .

The PRC continues to recognize only Chinese citizenship for its Chinese nationals, similar to the policies enacted in Hong Kong. That being said, many Chinese nationals have gained entry into China holding foreign travel documents with proper entry visas without encountering any problem or having to renounce one nationality or the other.

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