hong kong nationality law

HONG KONG: Canada, Britain and the United States have expressed alarm after Ottawa revealed authorities in Hong Kong forced a dual citizen to choose one nationality… Since 1945, immigration to the United Kingdom under British nationality law has been significant, in particular from the Republic of Ireland and from the former British Empire especially India, Bangladesh, Pakistan, the Caribbean, South Africa, Nigeria, Ghana, Kenya and Hong Kong. BNO citizenship was created as part of the 1997 handover of Hong Kong to Chinese sovereignty. Technically speaking, the PRC does not legally recognize dual nationals. Hong Kong calls its citizenship ‘permanent residency’ which you are able to get if you live there for seven years. Under Chinese law, dual nationality is not legally recognised in Hong Kong and authorities may refuse to grant consular access to those who retain Hong Kong or Chinese passports. The Nationality Law of the People's Republic of China (CNL) has been applied in the Hong Kong Special Administrative Region (HKSAR) since 1 July 1997 pursuant to Article 18 of and Annex III to the Basic Law, and interpreted in accordance with the “Explanations of Some Questions by the Standing Committee of the National People’s Congress concerning the implementation of the Nationality Law of the People’s … Found inside – Page 208lawlessness in certain areas of law in Hong Kong. ... as permanent residents of Hong Kong under Article 24 include: "(1) Chinese citizens born in Hong Kong ... Found inside – Page 112The Case of Hong Kong Roda Mushkat ... Also applicable to the territory as of 1 July 1997 is the 1980 Nationality Law of the PRC 13 which, inter alia, ... From July 1, 1997, Hong Kong … Hong Kong British Overseas citizens (BOCs): A continuing route to British nationality for Stateless Persons February 27, 2020 June 13, 2020 Adrian Berry Should British Nationals (Overseas) from Hong Kong be given the Right of Abode in the UK? On 29 January 2021, China has announced that it would not recognise the British National Overseas (BNO) passport as a valid travel document or for identification starting from 31 January 2021. June 30: Beijing's national security law for Hong Kong takes effect just before midnight on the eve of the anniversary of its handover from British to Chinese rule on July 1. The Hong Kong settlement views nationality as concerning not only diplomatic and consular protec-tion (a traditional international law view), but also fights of travel and immigration. China Immigration Policy, Laws and Regulations Handbook: Strategic Information and Basic Laws (3) This Order extends to the Channel Islands and the Isle of … On Tuesday the Hong Kong chief executive, Carrie Lam, confirmed that while residents could have multiple passports, dual nationality was not recognised in Hong Kong under China’s nationality law. China doesn’t recognize dual nationals under its Nationality Law and Hong Kong residents of Chinese descent are regarded as Chinese citizens. British nationality law as it pertains to Hong Kong has been unusual ever since Hong Kong became a British colony in 1842. Ethnicity and background Hong Kong permanent residents with Chinese ancestry may still be considered to be a Chinese citizen after obtaining foreign nationality (or citizenship). This title remains the definitive work on British nationality law. Written by the recognised world authority on the subject, this is a 'must-have' book for all involved in nationality law and related immigration and human rights issues. From its beginning as a sparsely populated trading port to today's cosmopolitan international financial centre and world city of over seven million people, the territory has attracted refugees, immigrants and expatriates alike searching for a new life. Hong Kong was always meant to have a security law, but could never pass one because it was so unpopular. Dual nationality is not recognised in Chinese nationality law, which also applies in Hong Kong, but the Hong Kong government has long allowed diplomats access to these dual citizens. The Order made under Hong Kong Act 1985 was the Hong Kong (British Nationality) Order 1986 (the 1986 Order). However, the Hong Kong government no longer recognizes dual nationality and new enforcement of existing provisions of the Nationality Law of the PRC in place since 1997 led to the denial of consular assistance for U.S. citizens who also hold Chinese citizenship, including Hong Kong … Found inside – Page 118government realized Hong Kong would be returned to China in due course, it initiated a series of plans to modify its nationality and immigration laws so as ... Short answer - British Dependent Territories citizen (BDTC) was the normal status for persons in Hong Kong. Under articles 4 and 5 of the Nationality Law of the People's Republic of China, persons of Chinese descent, regardless of whether they were born in China (including Hong Kong) are usually considered to be Chinese citizens. In 2009, the Labour attorney general Lord Goldsmith published a review of British citizenship. A Hong Kong man who was the first person charged under China's new "National Security Law" has been sentenced to 9 years in prison. The Hong Kong … The British National (Overseas) citizenship status, commonly known as BNO's, is one of the major classes of British Nationality under British Nationality Law.Holders of this nationality are Commonwealth Citizens, but not British Citizens. Found inside – Page 82Nationality. Law. of. the. People's. Republic. of. China. in. the. Hong. Kong. Special. Administrative. Region. (Adopted at the Nineteenth Session of the ... Found insideAny person of Chinese descent born in Hong Kong was also deemed a Chinese national. Yet this law forbade dual citizenship, including the automatic loss of ... You will not be entitled to consular protection in the HKSAR, notwithstanding that you hold a foreign passport. The Hong Kong government would have to amend its local election and social benefit rules after the reinterpretation of the Nationality Law," he said. The move comes after the Hong Kong government's decision to require dual nationals to declare the nationality they hope to remain while in China. For Hong Kong residents, the "Explanations" (or Interpretation) of the Nationality Law was adopted at the Nineteenth Session of the Standing Committee of the Eighth National People's Congress on May 15, 1996, a year prior to the Hong Kong handover and came into effect on July 1, 1997. This title remains the definitive work on British nationality law and complements such reputable titles as Macdonald's Immigration Law and Practice and Butterworths Immigration Law Service. This book deals with Beijing's policy which has been a response to the external events involving the Chinese overseas as well as the internal needs of China. These explanations declare how the Nationality Law is to be interpreted in Hong Kong. If you are a Hong KongPermanent Resident with PRC nationality, then you are able to get a Hong Kong passport. Hong Kong - Passport & Nationality - British Nationality in Hong Kong. The bearer of the Travel Document is legally defined a Chinese citizen in accordance with the Nationality Law. China doesn’t recognize dual nationals under its Nationality Law and Hong Kong residents of Chinese descent are regarded as Chinese citizens. PM Boris Johnson says the new law "violates Hong Kong's high degree of autonomy" Up to three million Hong Kong residents are to be offered the chance to … Hong Kong: Nationality, Immigration and the Agreement with China - Volume 36 Issue 3 From its beginning as a sparsely populated trading port to today's cosmopolitan international financial centre of over seven million people, the territory has attracted refugees, immigrants and expatriates alike searching for a new life. In addition … Found inside – Page 73if I may , provisions cover all the non - ethnic Chinese British dependent territories citizens in Hong Kong , unless they have left ... Furthermore , the Hong Kong Act does not allow us to use the order to grant British citizenship to those British ... China’s new enforcement of the Nationality Law is an extension of the National Security Law implemented in Hong Kong on June 30, 2020. This is the first systematic analysis of the constitutional, legal, economic, social and political systems of Hong Kong as a special administrative region of China. A fee of HK$145 is payable upon submission of application. Found inside – Page 334Article 158 of the Basic Law of the Hong Kong Special Administrative Region ... yet China's Nationality Law which would go into force in Hong Kong does not ... DOI: 10.1086/421177 Corpus ID: 148681438. However, the collection of fee does not constitute any guarantee or assurance that the applicant’s declaration of change of nationality will be approved. Hong Kong is a special place. From its beginning as a sparsely populated trading port to today's cosmopolitan international financial centre and world city of over seven million people, the territory has attracted refugees, immigrants and expatriates alike searching for a new life. Found inside – Page 35Among those mainland laws that do apply in Hong Kong , the most significant ones are probably the Nationality Law and the Law on the Garrisoning of the Hong ... Found inside – Page 60Citizenship can be sought once permanent residence is held for five years and presence requirements are satisfied . Hong Kong Special Administrative Region ( Hong Kong ) Capital Investment Entrant Scheme Hong Kong encourages capital ... Citation, commencement, extent and interpretation. Jennie Chau is an immigration consultant who specialises in immigration and UK nationality law as it affects Hong Kong citizens. The security law has reshaped Hong Kong, ending hopes that China would keep its promise to preserve the city’s freedoms until 2047. U.S.-PRC citizens and U.S. citizens of Chinese heritage may be subject to additional scrutiny and harassment, and the PRC government may prevent the U.S. Embassy from providing consular services. 24-year-old Tong Ying-kit … — (1) This Order may be cited as the Hong Kong (British Nationality) Order 1986 and shall come into operation on 1st July 1987. Found insideThe Basic Law provided for the application of several national laws in Hong Kong, including the Nationality Law of China.853 However, it did not re-state ... June 30: Beijing's national security law for Hong Kong takes effect just before midnight on the eve of the anniversary of its handover from British to Chinese rule on July 1. Found inside – Page 256Nevertheless this British - based Immigration Ordinance remains inconsistent with the Chinese Nationality Law and the Hong Kong SAR Basic Law promulgated in ... By 1983, British nationality law and citizenship was fragmented and exclusionary, even to the citizens of its dependent territories such as Hong Kong. Found inside – Page 547... nationality law; Chan, “Hong Kong: an analysis of the British nationality proposals”; Robin Cook, Foreword to Partnership for Progress and Prosperity: ... The standing committee came out in 1996 with an “explanation” of the nationality law ― but only as applied to Hong Kong. He argued for the elimination of the residual categories of British nationality and the reconstruction of nationality and residence law on a simple, three-part basis. As previously advised, Hong Kong's National Security Law could be interpreted broadly and you could break the law without intending to. If you are a foreign permanent resident of HKSAR, you will need to obtain Chinese citizenship in order to get a … The Hong Kong … Outside of Hong Kong & Macau: +852-2841-2211 The U.K. introduced a special, limited type of British nationality in the 1980s for people who were a “British dependent territories citizen by connection with Hong Kong.” According to Article 18 of and Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, the Nationality Law of the People’s Republic of China shall be applied in the Hong Kong Special Administrative Region from 1 July 1997. Ultimately, the British National (Overseas) status conferred to those with a connection to Hong Kong, at the end of the colonial domination, is a poor substitute for British citizenship. In May 1996, the standing committee gave an explanation about China's Nationality Law's implementation in Hong Kong. Unlike many countries, Hong Kong does not require applicants for naturalisation to take a citizenship or language test to become a permanent resident. British nationality law and Hong Kong: | | | British & Commonwealth| citizenship | ... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. China vows to retaliate if Britain extends Hong Kong citizenship plan. So for … Renouncement of Chinese nationality The Hong Kong Association of Banks has instructed members to stop recognising British National (Overseas) passports as valid identification for opening or renewing accounts. Dual nationality is not legally recognised in Hong Kong under Chinese law, but the rules have never been enforced, diplomats said. In addition to people living in Hong Kong, this also concerns the large number of dual citizens travelling to Hong Kong for business purposes or tourism. Found inside – Page 40laws . The Preparatory Committee's proposal will Traditionally , the British colonial authorities create problems where none exist today . It will treated people in Hong Kong by race , regardless turn into Chinese nationals people who are clearly ... See also: Hong Kong Special Administrative Region passport, Home Return Permit, and Chinese nationality law Most former BDTCs by virtue of a connection with the former dependent territory of Hong Kong are now either British Nationals (Overseas) (with or without citizenship of the People's Republic of China), British Overseas citizens, or solely citizens of the PRC. People's Republic of China Travel Document (Chinese: 中华人民共和国旅行证) is a type of travel document issued by Chinese embassies, consulates, and other foreign offices to Chinese citizens for their international travel to China and other countries. U.S. Citizens with emergencies, please call +852-2841-2211. Under articles 4 and 5 of the Nationality Law of the People's Republic of China, persons of Chinese descent, regardless of whether they were born in China (including Hong Kong) are usually considered to be Chinese citizens. Under the Nationality Law of the People’s Republic of China, you are a Chinese citizen if you are a Hong Kong resident or former resident who is of Chinese descent and were born in Mainland China or Hong Kong. Hong Kong residents who are Chinese citizens holding foreign passports will have to make a declaration of change of nationality to the HKSAR Immigration Department if they want to be regarded as foreign nationals. The city’s correctional services authority has also started requiring inmates with dual nationality to choose a single one, alarming Western governments, the Post has learned. Found inside – Page 190might be the source the Hong Kong media relied upon to report that the NPCSC ... of the Nationality Law of the People's Republic of China in the Hong Kong ... Found inside – Page 71 Overseas Chinese Born in Taiwan 4 . 2 . 2 Overseas Chinese Born Abroad 4 . 3 People ' s Republic of China Chinese 4 . 4 Hong Kong and Macau Residents 4 . 5 Other Foreign Nationals 5 . 1 Deportation under the Employment Services Act ... Hong-Kong is a huge city which has a population of some 7.3 million peoples. Hong Kong residents who are of Chinese descent and were born in the Chinese territories (including Hong Kong), or persons who satisfy the criteria laid down in the CNL as having Chinese nationality, are Chinese nationals. Article 3 of the Nationality Law of the PRC states that dual nationality or citizenship is not recognised. Found inside – Page 81AUSTRALIA — Nationality Act of 1920–1925 , same as Great Britain . BRITISH INDIA — British Act applies . IRISH FREE STATE - Art . 3 , Constitution . CANADA - Naturalization Act 1914 , 1920 , same as Great Britain . HONG KONG — British ... United Kingdom Immigration Laws and Regulations Handbook - Strategic Information and Basic Laws public of China (PRC) enacted the long-awaited Nationality Law in 1980.1 Based on the PRC Government's enduring principle of racial and sexual equality, the new law is designed to reduce dual nationality and statelessness by combining the principles of jus sanguinis and jus Some 350,000 Hong … The announcement that such a route would be introduced was made in summer, following mainland China’s threat to introduce its ‘national security law’ into the territory, law that was introduced at the end of June. UK details pathway to citizenship for Hong Kongers, China may stop recognizing passports The change was introduced after China imposed a national security law on Hong Kong The long wait: The long-awaited BNO path to permanent residence status (also known as Indefinite Leave to Remain) in the UK and British citizenship has finally been revealed. NATIONALITY LAW AND HONG KONG A. U.K. More than 370 protesters in Hong Kong have been arrested as police fired teargas, pepper spray and water cannon at thousands of people protesting against a national security law … The Chinese government stated in its memorandum of the Sino-British Joint Declaration on December 19, 1984 that under the Chinese nationality law, "all Hong Kong Chinese compatriots, whether they are holders of the 'British Dependent Territories Citizens' Passport' or not, are Chinese nationals". The legal status of Hong Kong permanent resident of Hong Kong may be obtained by anyone, no matter whether the persons have Chinese nationality or not. The enforcement of a sweeping national security law in Hong Kong by China has drawn sharp reactions from several countries, and led to the announcement of a range of countermeasures: from offering city residents a pathway to citizenship, to … On 30 June 2020, China introduced the National Security Law (NSL) in Hong Kong in response to massive pro-democracy protests that had swept through the city the previous year. British nationality law as it pertains to Hong Kong has been unusual ever since Hong Kong became a British colony in 1842. Hong Kong is … Found inside – Page 13051 It is true that the different constitutional context of Hong Kong is recognized in ... of the Chinese Nationality Law in its application to Hong Kong. On Sunday 31 January, over two million Hong Kong citizens were offered a pathway to British citizenship. Based now in the UK, Jennie is from Hong Kong and speaks fluent English and Cantonese. Globalization and Citizenship Education in Hong Kong and Taiwan @article{Law2004GlobalizationAC, title={Globalization and Citizenship Education in Hong Kong and Taiwan}, author={W. Law}, journal={Comparative Education Review}, year={2004}, volume={48}, pages={253 - 273} } It reads: “Where a Hong Kong resident is … Although Chinese law makes possessing multiple citizenships difficult, a large number of residents in Hong Kong and Macau have some form of British or Portuguese nationality due to the history of those regions as former European colonies. According to Article 3 of the Nationality Law of the People’s Republic of China from 1980, dual nationality is not recognised for any Chinese national. In May 1996, the standing committee gave an explanation about China's Nationality Law's implementation in Hong Kong. The answer is United States Citizen. For applications submitted directly to the HKSAR Immigration Department. In Identifying with Nationality, he uses the Mediterranean city of Alexandria to develop a genealogy of the nation and the formation of the modern national subject. When Hong Kong was returned to Chinese rule in 1997, all of its then inhabitants who were British Dependent Territories Citizens could opt to retain a form of British nationality, BNO status (those of Chinese heritage additionally became Chinese nationals). Found inside – Page 183While the Basic Law is clear on the right of abode , this was based on nationality : Hong Kong Chinese are Chinese nationals . Because it was so unpopular, same as Great Britain may contain copyrighted be considered to interpreted! That I made before myself & nationality - British Dependent Territories citizen ( BDTC ) was the status. Advised, Hong Kong to members of categories 1 and 2 ;.. 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