Still a British HK Belonger?

[gyinnit]

This is similar to my situation if it helps.

I was born in the UK, but my parents (both chinese)were born in Hong Kong. I have the right of abode and continue to have this right as long as I go to HK at least once every 3 years (which is fine with me because I go back at least once a year).

My aunt in the same position as me went back on her 4th year and when she went to immigration to get the new style ID card, she was told that she was no longer eligible and now has to use her British passport for travel to HK.

Edit: I was born in 1982 if that makes a difference.

[IceEagle]

According to http://www.immd.gov.hk/ehtml/topical_7.htm , any resident British citizen (i.e. those British Citizens with Right to Land, previously (before 1981) known as British Belongers) was automatically stripped of Right to Land and converted to having Uncondtional Stay status.

Leaving Hong Kong with Unconditional Stay (UO in this case, instead of RO), requires one to return to Hong Kong within 12 months or that status is lost. Once lost, you are just the same as any other foreigner subject to visas and conditions of stays, etc.

The reason resident British citizens got Right to Land / Belonger status was because they could not naturalize as BDTCs. So they could not get ROA period, but after 7 years they could get ROL.

I guess, before 1 July 1997, Right to Land was given to British citizens / BDTCs with ROA in places other than Hong Kong in lieu of being naturalized as BDTCs with ROA in Hong Kong. And Right to Land could not be stripped or taken, anymore than ROA could be. After then, Right to Land was stripped from all holders and became a status exclusive to former Right of Abode holders. So technically the first ROL holders after 1 July 1997 couldn't appear until 2 Feb 1999 (18 months after 1 July 1998), when the transitional provisions for retaining ROA by returning to Hong Kong to settle expired.

So on 1 July 1997, all those resident British citizens still in Hong Kong got UC and then could apply for ROA based on their 7 years residence in Hong Kong. Those who left Hong Kong before that date also got UC but had to return within 12 months. Then they'd have to meet the requirements to apply for ROA.

Note that UC was granted automatically, but ROA was not - it had to be formally applied for by the applicant.

Any resident British citizen who failed to return by 1 July 1998 lost their UC and now has to apply from immigration the same as any other foreign national.

Here is some discussion from LegCo on why resident British citizens couldn't be granted ROA automatically, but were given UC instead: http://www.legco.gov.hk/yr96-97/engl...s/bc600306.htm

Some more stuff from LegCo on removing privileges from British and Commonwealth citizens: http://www.legco.gov.hk/yr97-98/engl...s/bc631603.htm

[ProChef]

Hi Howard:

As long as you were born in Hong Kong, yes! you will recognized as a Hong Kong Citizen with the HK ID CARD. But then, you do have to come back to Hong Kong to get / renew your current HK ID CARD that is probably expired.

So I guess you might want to come back for at least ONCE to renew this Hong Kong Permanent ID Card. They need your fingerprints ID, recent pictures because there is a new CHIP installed in every HK ID CARD now, so you do have to be here in person to finish all the updates.

Hope this helps ...
Cheers
Chef

Hello everyone,

I wonder if someone can help me? My parents are both british citizens and lived in Hong Kong for a combined total of ~45 years (leaving in 1987). I was born in Hong Kong in 1979 (my sister 1981) and so by birthright was classed as a Hong Kong Belonger (which I understood to meam full right of residency/work permit). We all now live back in the UK.

My question is simply, since the 1997 handover is my HK Belonger status still recognised (and if so, for how long)? I have no immediate plans to move to HK, but one day I will...

Thanks for your help, I can't seem to find the answer anywhere :-(

Howard.

[Claire ex-ax]

Just wondering whether people glance at the date of the original post...