Resident Card info

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  1. #1

    Join Date
    Jun 2006
    Posts
    1

    Resident Card info

    I don't know there are any Hong]Kong people who emigrated overseas before 1997, and they are now back in Hong Kong or thinking about moving back to Hong Kong. I have an expired Hong Kong permanent resident card. Both of my parents are Chinese and I was Hong Kong born. Please tell me the procedures to renew the card.

    Although I left Hong Kong before 1997, I guess I became a Chinese citizen after July 1, 97. When I became an American citizen, I guess I automatically lost my Chinese citizenship because China doesn't allow people to hold more than one citizenship.

    I read the information at this official website
    http://www.immd.gov.hk/ehtml/topical_3_4.htm
    As a Hong Kong born person and an American citizen, I don't know which category I fit into.

    The website says

    Under the Immigration Ordinance, a person who belongs to one of the following categories of persons is a permanent resident of the HKSAR and enjoys the ROA in the HKSAR :

    a. A Chinese citizen born in Hong Kong before or after the establishment of the HKSAR
    b. A Chinese citizen who has ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the HKSAR.


    c. A person of Chinese nationality born outside Hong Kong before or after the establishment of the Hong Kong Special Administrative Region to a parent who, at the time of birth of that person, was a Chinese citizen falling within category (a) or (b).

    A person's ROA by virtue of his being a permanent resident of the HKSAR under this category can only be exercised upon the establishment of his status as such a permanent resident by his holding of -
    a valid travel document issued to him and of a valid certificate of entitlement also issued to him and affixed to such travel document;
    a valid HKSAR passport issued to him; or
    a valid permanent identity card issued to him.

    d. A person not of Chinese nationality who has entered Hong Kong with a valid travel document, has ordinarily resided in Hong Kong for a continuous period of not less than seven years and has taken Hong Kong as his place of permanent residence before or after the establishment of the HKSAR.

    The continuous period of seven years ordinary residence must be immediately before the date when the person applies to the Director of Immigration for the status of a permanent resident of the HKSAR under this category.


    The person is required to make a declaration in the form the Director of Immigration stipulates that he has taken Hong Kong as his place of permanent residence. If the person is under the age of 21 years, the declaration must be made by one of his parents or by a legal guardian. For this purpose, the person will have to furnish information to satisfy the Director of Immigration that he has taken Hong Kong as his place of permanent residence. The information may include whether he has habitual residence in Hong Kong; whether the principal members of his family (spouse and minor children) are in Hong Kong; whether he has a reasonable means of income to support himself and his family; whether he has paid his taxes in accordance with the law.


    A person claiming to have the status of a permanent resident of the HKSAR under this category does not have the status of a permanent resident in the HKSAR until he has applied to the Director of Immigration and the application has been approved by the Director of Immigration.



    e. A person under 21 years of age born in Hong Kong to a parent who is a permanent resident of the HKSAR in category (d) before or after the establishment of the HKSAR if at the time of his birth or at any later time before he attains 21 years of age, one of his parents has the ROA in Hong Kong.

    The person on attaining the age of 21 years ceases to be a permanent resident of the HKSAR under this category. He may, however, apply to the Director of Immigration for the status of a permanent resident of the HKSAR under category (d) at any time.


  2. #2

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,217

    Why don't you just email Immigration and ask them about your specific case - you're going to have to do this eventually since all you can get here is anonymous advice that has no legal status.
    [email protected]


  3. #3

    Join Date
    Oct 2005
    Posts
    109

    1) According to Chinese law, you were born as a Chinese citizen. HK has always been regarded under Chinese law as Chinese territory, and that you were born in CHINA. China includes the mainland as well as HK, Macao and Taiwan.

    2) In order for HK Chinese citizens to lose their Chinese nationality, they need to-
    i) have acquired foreign nationality
    AND ii) make a DECLARATION OF CHANGE OF NATIONALITY to the HK Immigration Dept- this involves signing a form and declaring a desire not to retain Chinese nationality

    3) It appears that you are still a Chinese citizen. Thus you are eligible for HK PR.

    4) Presuming your HKID card was issued after 1987 but before 2003, you may just go to one of the SMART ID CARD CENTRES and apply for a new Smart HKID card,

    see www.smartid.gov.hk