Flag of Hong Kong at Golden Bauhinia Square

Latest Updates

Update: February 5, 2010

It has come to my attention that the section regarding British nationality on this website had some ambiguities, I have made the corrections. I also fixed some explanations that were kind of hard to understand.

Update: January 29, 2010

Minor changes made.

Update: December 7, 2009

Added some FAQs, clarified a few things, and fixed some spelling/grammar errors.

Update: September 21, 2009

Since I had never updated this page, and GeoCities was shutting down, I guess I'll update it and also move it to another place.

In April 2009 I made a second visit to Hong Kong to actually register for a Hong Kong identity card with my "right to land" status. Previously I had left Hong Kong before my status was verified, so I had never obtained an ID card.

I will also update and correct some ambiguities and add additional information that I have obtained after all the people that have emailed me.

Introduction

During my visit to Hong Kong in May 2008, I decided to go through the process to see what kind of residency status I can get there due to the fact that both of my parents were born in Hong Kong. I was not born in Hong Kong; I was born in Canada after my parents had immigrated.

This is a guide directed to people who have Hong Kong parents who were born overseas (i.e. not born in any part of China), who may have a connection to Hong Kong. This webpage is not meant as legal advice as I am not a legal expert. It took me weeks to understand some of the laws, and how it applied to me. But I also learned a lot in regards to how the laws regarding Chinese nationality and Hong Kong permanent residency work. Hopefully it can provide you with some insight on this topic that is often misunderstood.

When doing my research, I found it extremely difficult as the Hong Kong government websites were confusing and ambiguous, in both English and Chinese languages. Granted my Chinese skills are not the greatest, but I tried to read some of it regardless.

As we all know, since July 1, 1997, Hong Kong is a Special Administrative Region in the People's Republic of China, which means Hong Kong is an alienable part of China. But on the famous policy of "one country, two systems", Hong Kong continues to have a high degree of autonomy including in immigration matters.

This guide may be a bit verbose and boring to read, but applying for right of abode in Hong Kong is very complicated, it is important to understand if you are eligible in the first place or it would be a considerable waste of time.

Chinese Nationality Law

Despite what people perceive, there is no such thing as "Hong Kong citizenship". Hong Kong permanent residents (with right of abode) can be either Chinese citizens or non-Chinese citizens (foreigners or stateless persons). The Nationality Law of the People's Republic of China is one of a few national laws that apply in Hong Kong.  Citizenship and nationality essentially mean the same thing in Chinese law, I may use both terms interchangably.

According to an interpretation of the nationality law adopted at the 19th Session of the Standing Committee of the 8th National People's Congress in 1996, "a Hong Kong resident is of Chinese descent and was born in the Chinese territories (including Hong Kong), or where a person satisfies the criteria laid down in the Nationality Law of the People's Republic of China for having Chinese nationality, he is a Chinese national."

This is an English translation, which has no legal effect as it is a Chinese law from the mainland that also applies in Hong Kong. In Chinese, the part regarding Chinese decent states "凡具有中國血統的香港居民", meaning any Hong Kong resident with Chinese race. I imagine this is how the existing Hong Kong residents born in Hong Kong before the handover in 1997 were recognized as Chinese citizens, even though they were British subjects. I do not know if this really means that any person of Chinese race born in Hong Kong will be a Chinese citizen, I have some doubts about that.

Dual nationality is not recognized in the People's Republic of China, according to the nationality law. Ordinarily, that means that one cannot hold two passports. But a special interpretation also from the 19th Session of the Standing Committee of the 8th National People's Congress allows Hong Kong Chinese nationals to hold foreign passports, but they would still be regarded as Chinese citizens, and cannot seek foreign diplomatic assistance in China. This effectively means that Hong Kong Chinese citizens can dual citizenship, whereas mainland Chinese citizens cannot.

HK Chinese citizens holding foreign citizenship may make a "declaration of change of nationality" to have their foreign citizenship recognized in China. But by doing so, they will no longer be a Chinese citizen, though they will become be eligible for consular protection in China. Making a change of nationality makes it no longer possible to hold a HKSAR passport, and it may also affect the right of abode status in Hong Kong. (Source: HK Immigration Department)

As this guide is meant for people born overseas, Article 5 of the PRC nationality law is of particular interest. "Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality."

In general, if you were born outside China, and if one or both of your parents were "settled abroad", meaning not subject to a limit of stay in another country (i.e. permanent residency in another country), and you at birth obtained another nationality, then you will not be a Chinese citizen. This case would probably apply to the vast majority of Hong Kong descendants born in Canada, with the mass immigration before 1997.

But if both of your Chinese citizen parents were in Canada (or your only Chinese citizen parent, if only one parent is a Chinese citizen) on a work or student visa, and you were born in Canada, you would be a Chinese citizen as your parents were not "settled abroad".  Since Canada grants citizenship to everyone born in the country regardless of immigration status (except for diplomats), the "settled abroad" part is very significant for claims of Chinese citizenship.

British Nationality Law / BDTC Passport

When the Prince of Wales returned Hong Kong back to China, it marked the end of British rule, and also meant changes to the nationality law and right of abode in Hong Kong.

Generally anyone born in Hong Kong before January 1, 1983 was a British subject at birth, and they were a Citizen of United Kingdom and Colonies (CUKC). By simply being born in Hong Kong, one would be a CUKC. However, if born abroad before 1983, the child can only be a CUKC if the father was a CUKC, and the parents must have been married. If the mother is a CUKC and the father is not a CUKC, then the child will not be a CUKC. (Source: Wikipedia)

As of January 1, 1983, all CUKCs became British Dependent Territories Citizens (BDTC). While the status is generally the same concept, there are differences in how one can acquire BDTC.

On and after January 1, 1983, if born in Hong Kong, one would only be a BDTC if at the time of birth, at least one of the parents were a BDTC or otherwise "settled" in Hong Kong. (Before 1983, anyone born in Hong Kong would be a CUKC, which then became BDTC after 1983) As of July 1, 1997, it was no longer possible to become a BDTC by birth with connection to Hong Kong.

It is also possible to obtain BDTC status by descent for one generation, if born outside Hong Kong, provided that the BDTC parent also did not inherit it themselves through birth outside Hong Kong. (Source: Wikipedia - BDTC is now known as BOTC) If only the mother was a BDTC by birth or naturalization, then the child will be a BDTC automatically. But if only the father was a BDTC by birth or naturalization, the child will only be a BDTC if the parents are married.

BDTC status ceased to exist as of the handover on July 1, 1997, and all BDTC passports expired as of July 1, 1997.

However, it was possible for BDTCs to register as a British National (Overseas), which allows one to hold a BN(O) passport. The BN(O) does not provide the holder right of abode in the United Kingdom. Registration as a BN(O) is no longer possible after the handover. However those who have registered for BN(O) status can continue to hold a BN(O) passport.

All BDTCs had the right of abode in Hong Kong before July 1, 1997. (Source: Immigration Ordinance Schedule 1, 1997)

Hong Kong CUKC passport page

Hong Kong Certificate of Identity

The Hong Kong Certificate of Identity was a travel document issued by the colonial British government for Hong Kong permanent residents that were not British. (Source: Wikipedia)

Most holders of the CI were immigrants from the mainland that were not naturalized as British subjects. If they were naturalized they would become eligible to hold a BDTC passport.

Anyone of Chinese race ordinarily resident in Hong Kong for 7 continuous years will become a permanent resident. (Source: Immigration Ordinance Schedule 1, 1997)

Children of HK CI holders born abroad will most likely not be eligible for right of abode in Hong Kong unless the child is a Chinese citizen.

Hong Kong Certificate of Identity

Right of Abode 

Hong Kong permanent residents (香港永久性居民) possess the "right of abode" (居留權) meaning they are allowed to live in Hong Kong without subject to a condition of stay, and the right to not be deported or removed. Essentially, this is a quasi-citizenship for Hong Kong, but the interesting thing is that both Chinese and non-Chinese citizens can hold this status. However, the rules for Chinese and non-Chinese citizens to obtain and retain ROA are different.

Explaining the ROA in Hong Kong is another complex, but I'll just go through it briefly. As of the handover on July 1, 1997, the following are Hong Kong permanent residents.

If you are a Chinese citizen born outside Hong Kong to a Chinese citizen born in Hong Kong, or a Chinese citizen born to a Chinese citizen who lived 7 years in Hong Kong, then you will have Right of Abode in Hong Kong by birth. Whether one is a Chinese citizen depends on the PRC nationality law.

But, if you are a non-Chinese citizen born outside Hong Kong, you will not be eligible for right of abode in Hong Kong. However, all non-Chinese citizens can obtain ROA by 7 years ordinary residence in Hong Kong as a resident and declaring Hong Kong as the place of permanent residence; however they will require a visa to stay in Hong Kong.

In addition to these 6 categories, there are also "transitional provisions" for the right of abode to accommodate existing permanent residents. Essentially anyone that was a permanent resident of Hong Kong would continue to be so after the handover. (Source: HK Immigration Department)

As mentioned earlier, all BDTCs had the right of abode in Hong Kong before July 1, 1997. Therefore, if you are a non-Chinese citizen born outside Hong Kong before July 1, 1997, and one of your parents was a BDTC (by birth in Hong Kong, or naturalization) before you were born, then you would also have been a BDTC, and as a result you would be eligible for right of abode in Hong Kong before the handover, and continue to have it at the time of the handover. (Source: Hong Kong Economic and Trade Office via archive.org)

Loss of Right of Abode / Right to Land

With the change in immigration law after the handover, non-Chinese citizens will lose the right of abode in Hong Kong if they are absent from Hong Kong for any 36 month period after the handover on July 1, 1997. This also applies to former BDTC that were non-Chinese citizens and that had ROA in Hong Kong.

However, upon losing the right of abode, he or she automatically obtains the "right to land" (入境權), which allows he/she to live, work or study in Hong Kong without restriction. Persons with RTL status can be deported for serious crimes, which is not the case for those with ROA. Also, only those with ROA have the right to vote, so those holding RTL are not eligible to vote. (Source: Immigration Ordinance Section 2AAA)

The right of abode can be then re-obtained by being ordinarily resident in Hong Kong for 7 years. RTL status cannot be passed down to children, not even those born in Hong Kong.

Chinese citizens do not lose right of abode regardless of the length of absence from Hong Kong.

Hong Kong Identity Card

There are two types of identity cards, the "permanent identity card" issued to residents holding the ROA, and a regular identity card that is issued to those who don't have ROA. Anyone residing in Hong Kong for more than 180 days is required to register for an identity card.

Those that have right to land will be issued a non-permanent identity card.

The HKID card has "codes", depending on your residency status. For example, A is right of abode, R is right to land. This Wikipedia page can explain the other status codes.

HKSAR Passport

Only Chinese citizens with the right of abode in Hong Kong can hold a Hong Kong Special Administrative Region passport for travel to foreign countries.

Home Return Permit

A Home Return Permit (通行證 / 回鄉證) is a document issued to Hong Kong residents that are also Chinese citizens for travel to the mainland. This document is issued by mainland authorities. HKSAR passports are not acceptable for travel to the mainland, and technically neither are foreign passports, if one is a Chinese citizen. That being said, it isn't exactly uncommon for visas to be issued in foreign passports (of HK Chinese citizens) for visits to China.

My case

As mentioned earlier, both of my parents were born in Hong Kong. They are Chinese citizens (despite the fact they have also become Canadian citizens), and are eligible to hold HKSAR passports. My parents did not make a declaration of change of nationality to the HK Immigration Department, so in China they will continue to be Chinese citizens.

My parents immigrated to Canada in the 1980s, and I was born in Canada. When I was born, I was automatically a Canadian citizen because Canada operates under the "jus soli" rule; anyone born in Canada is a Canadian citizen except children of diplomats.

Based on what I described above, under the Chinese nationality law, despite the fact that both of my parents are Chinese citizens, as they were settled abroad, and the fact I obtained foreign nationality when I was born, therefore I am not a Chinese citizen. My parents weren't even naturalized as Canadian citizens yet (but were permanent residents of Canada) when I was born; it's the "settled abroad" part that is the most significant for claims of Chinese citizenship. Based on the laws as of the handover, I would not have been eligible for ROA in Hong Kong.

But, according to the transitional provisions, even though I was a non-Chinese citizen, I held ROA in Hong Kong as of July 1, 1997 because I was a British Dependent Territories Citizen by descent, since my parents were born in Hong Kong before 1983 and had BDTC by birth in Hong Kong. But as I have been away from Hong Kong for over a 36 month period since 1997, I have lost my ROA, and obtained the right to land (RTL). I have never held any British passport nor was I registered as a BDTC, but I had such a status at birth.

So to summarize my status, right now I am solely a Canadian citizen with right to land in Hong Kong. I am ineligible to obtain a HKSAR passport, nor the Home Return Permit to visit mainland China. However, I have the right to live, work and study in Hong Kong without restriction.

How to Apply

If after going through this guide and the relevant laws, you believe that you are eligible for right of abode/right to land in Hong Kong, you apply for the status at the Hong Kong Immigration Department. If you were born outside Hong Kong to a Hong Kong parent, effectively you can only get ROA in Hong Kong if you were a BDTC and/or a Chinese citizen.

Initially you are not applying for for a HK ID card, you are applying for the verification of eligibility. Hence, you will need to apply using the ROP145 form ("Application for Verification of Eligibility for Permanent Identity Card"). (Available from: http://www.immd.gov.hk/ehtml/rop145.htm)

You must be physically in Hong Kong and in order to submit a ROP145 application; you can do this as a "visitor" using your passport to enter the region. Applications while you are outside of Hong Kong will be refused. According to this immigration officer I talked to, you can even "apply the day you're there, and leave the next day" and the formalities can be completed by a representative. It will likely at least 6 to 8 weeks to complete the process. You will need to apply a Hong Kong mailing address to deal with correspondence and additional requests for information.

Submitting photocopies of the following documents should be sufficient to prove BDTC status:

More documents may be needed, but these were the ones that I was requested for by the Immigration Department. Once copies are submitted, they will do some verification, and may ask you to fill out additional forms. If you are approved for ROA or RTL, you will be asked to bring in original copies of some of the documents for verification (some people refer to this as an "interview" - though strictly speaking it is not). They asked me to bring my birth certificate, passport, parents' birth certificates and identity cards, and their marriage certificate. A representative in Hong Kong can also bring in the documents for verification, if you include a letter authorizing them to do so.

Once the original documents are verified, you will be granted the appropriate status in a letter, and you can then register for a Hong Kong Identity Card, just like any other resident in Hong Kong.

This is a copy of a letter from Hong Kong Immigration Department telling me that I will have RTL pending document verification (click to enlarge).

Hong Kong ROA/RTL letter part 1 Hong Kong ROA/RTL letter part 2 Hong Kong ROA/RTL letter part 3

This letter is the one that was issued after original documents were verified. I brought this letter along with my passport to a Registration of Persons office for registration of a Hong Kong identity card.

Hong Kong formal RTL letter

FAQs (frequently asked questions)

Q: Do you work for the Hong Kong government?
A: No.

Q: I'm of Chinese race, am I a Chinese citizen?
A: It depends if you meet the requirements of the PRC Nationality Law. Race and citizenship are not synonymous.

Q: I can't speak Chinese, can I still apply?
A: Yes, the forms are available in both English and Chinese, the official languages of Hong Kong. The Immigration Department of Hong Kong has English speaking officers. Of course your Chinese name has to be written in Chinese, but you don't have to provide one if you don't want to.

Q: I'm not of Chinese race, can I still get ROA?
A: Most likely you would not be a Chinese citizen. But, as long as you meet the requirements by inheriting BDTC status and/or meet the requirements under the Basic Law, then you can also make a claim.

Q: Only one of my parents is from Hong Kong, will I still get ROA or RTL?
A: Assuming you meet the requirements, yes, you can get get ROA or RTL through just one of the parents by birth. But if it's through the father, he must have been married to your mother at your birth in order to transmit the BDTC status and ROA to you. If it's through the mother, she does not have to be married to the father to transmit BDTC status and ROA. As for whether parents have to be married to transfer Chinese nationality through the father, that I am not sure.

Q: I have *** on my Hong Kong identity card, does this mean I can get a Home Return Permit for trips to China?
A: Typically that would be yes, but it seems like a lot of foreign born children of Hong Kongers have *** issued to them in error. *** represents the right to a Hong Kong Re-entry permit for someone 18 or older, but only Chinese citizens or stateless persons with right of abode or on unconditional stay are eligible.

Q: My Hong Kong parent was born in mainland China, I was born in another country, can I get ROA in Hong Kong?
A: This is a complicated question. If you are a Chinese citizen according to the PRC Nationality Law, and born after your parent obtained right of abode in Hong Kong, then yes, you would also have ROA in Hong Kong. If you are not a Chinese citizen, then your parent must have naturalized as a British subject before your birth, and you had to be born before July 1, 1997 in order for you to get BDTC and ROA status in Hong Kong.

Q: My parents don't have their birth certificate and valid Hong Kong ID cards, can I still apply?
A: If they were born in Hong Kong, they can get re-apply for a birth certificate. As for the HKID card, they can obtain one by visiting Hong Kong, or applying at a Chinese foreign mission for a HKSAR passport. Applying for a HKSAR passport at a Chinese foreign mission also provides the applicant with a HKID card.

Q: What does "settled abroad" mean in terms of Chinese nationality?
A: I don't have an absolute answer on this, but from my experience it means pretty much means either having a foreign citizenship (i.e. Canadian) or holding permanent residence in another country (i.e. US green card status, landed immigrant in Canada).

Q: I have RTL, will my children born outside Hong Kong have any status in Hong Kong?
A: Your children will not be entitled to any status in Hong Kong at birth no matter where they were born. However, you can sponsor them to live with you in Hong Kong, and after 7 years residence they can apply for ROA in their own right.

Q: I have RTL, if my children are born in Hong Kong, will they have any status?
A: If the child is a Chinese citizen (i.e. at least one of the parents is a Chinese citizen) then he/she will have automatic right of abode in Hong Kong if born there. If the child is a non-Chinese citizen (i.e. both parents are not Chinese citizens), the child will have ROA if one of the parents has ROA in Hong Kong at time of birth. If neither of the non-Chinese parents have ROA at the time of birth of the child, the child will only get ROA automatically if before the age of 21 one of the parents obtains ROA. (If they not have ROA at birth, the child will need to be sponsored to stay in Hong Kong) However, ROA obtained by birth in Hong Kong by non-Chinese citizens will be lost automatically age 21 and downgraded to right to land, unless the child is eligible in his/her own right by 7 years residence, and formally applying for ROA.

Questions?

If you have questions, feel free to e-mail me at icehairball [at] gmail.com and I'll see if I can help. Please keep in mind that this is not legal advice and all the information I provide is my own interpretation based on Hong Kong immigration law and my personal experience.

About Me

I'm just a regular CBC youth that spent his entire life in Canada. I did very poorly at Chinese classes in my elementary school days, but later on I started picking it up a bit. With the help of TVB dramas and Cantopop music, my Chinese skills significantly. I've always had an interest in Hong Kong, it is a unique place like no other. I can read most words in newspapers and books, but I regret not being to write Chinese that well, but every now and then I do some practice to improve my writing.

I think I'm probably stuck in the middle of the Canadian and Hong Kong cultures. I'm a proud Canadian, I believe in Canadian values, and I love this country, heck most importantly I watch hockey! Well actually not much lately because the Toronto Maple Leafs have been a joke for a few years. The other side of me loves to follow what goes on in Hong Kong, such as my favourite pop star Joey Yung! I used to think I have to choose sides between the two cultures, but I have grown to accept that being some of both is kind of unique and fun at the same time.

I don't know if I will ever move to Hong Kong though I'm glad I'll have the option. Applying for this stuff was not fun, especially when I didn't have much of a clue what was going on. Hopefully this website will help you out if you are eligible and considering applying for ROA/RTL in Hong Kong. But at the end, it was cool to get my very own Hong Kong identity card. XD