British citizen and HKSAR passport

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  1. #21

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    During and before my application for British nationality, I had been searching on the net, contacted related authorities e.g. British council and HK Immigration etc for at least 2-3 years for all information searches. I would say I understood from inside out.

    Article 9 Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.

    By the wording yes it seems like you are not allowed to have dual nationality. However, what it actual means is that if you give up your chinese nationality of your own will then you will not be recognised as a chinese national anymore.

    e.g. You are allowed to hold both of the passports, but chinese authority will only see your foreign passport as a travel doecument and you have never had declaration of change of nationality. = although you have obtained a foreign passport but the chinese authority still treat you as a chinese nationality rather than a British. However if you declare of change of nationality, in other words you want to be called a British rather than Chinese, then you will lose your chinese national status.

    "You are allowed to be a chinese national and holding a foreign passport as a travel document, but you are not allowed to be British national and holding a chinese Passport.

    Oh another thing there are different policies for Mainland chinese and HK chinese (one country two policies), in China you are not allowed to hold two passports in any case.

    It is not easy for me to explain it all on one or two emails here. You need to do a lot more researches and talk to the authorities rather than listening to some people on here who are not even experienced in obtaining a foreign passport.

    PS, 1. While I was applying my both passport HKSAR and British Passport, I declared the existence of my both passports. If it was not allowed I am sure something would have already happened.
    2. When I travel to HK with my British passport, they usually would ask me to see my HK ID as well. I would be arrested if i was not allowed to have a foreigner passport.
    3. Oh and who is giving this comment about not allowing having two passports, millions of people from HK hold two passports.


    Quote Originally Posted by discobay:
    No you can not hold both a UK and HKSAR passport see here.

  2. #22

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    Nov 2005
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    During and before my application for British nationality, I had been searching on the net, contacted related authorities e.g. British council and HK Immigration etc for at least 2-3 years for all information searches. I would say I understood from inside out.

    Article 9 Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.

    By the wording yes it seems like you are not allowed to have dual nationality. However, what it actual means is that if you give up your chinese nationality of your own will then you will not be recognised as a chinese national anymore.

    e.g. You are allowed to hold both of the passports, but chinese authority will only see your foreign passport as a travel doecument and you have never had declaration of change of nationality. = although you have obtained a foreign passport but the chinese authority still treat you as a chinese nationality rather than a British. However if you declare of change of nationality, in other words you want to be called a British rather than Chinese, then you will lose your chinese national status.

    "You are allowed to be a chinese national and holding a foreign passport as a travel document, but you are not allowed to be British national and holding a chinese Passport.

    Oh another thing there are different policies for Mainland chinese and HK chinese (one country two policies), in China you are not allowed to hold two passports in any case.

    It is not easy for me to explain it all on one or two emails here. You need to do a lot more researches and talk to the authorities rather than listening to some people on here who are not even experienced in obtaining a foreign passport.

    PS, 1. While I was applying my both passport HKSAR and British Passport, I declared the existence of my both passports. If it was not allowed I am sure something would have already happened.
    2. When I travel to HK with my British passport, they usually would ask me to see my HK ID as well. I would be arrested if i was not allowed to have a foreigner passport.
    3. Oh and who is giving this comment about not allowing having two passports, millions of people from HK hold two passports.


    Quote Originally Posted by discobay:
    No you can not hold both a UK and HKSAR passport see here.

  3. #23

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    Hey EUChinese steady with the POST REPLY button we read the first one just fine!


  4. #24

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    Quote Originally Posted by discobay:
    No you can not hold both a UK and HKSAR passport see here.
    Pls see the link below

    http://www.immd.gov.hk/ehtml/topical_2.htm

    Q8 I am a Chinese citizen holding a PIC and a foreign passport. Can I apply for a HKSAR passport?
    A8 According to " the interpretation of Chinese Nationality Law when applying in the HKSAR" passed by the Standing Committee of the National People's Congress of the Chinese Government on 15 May 1996, you will be regarded as a Chinese citizen if you return to settle in Hong Kong unless you make a declaration of change of nationality at the HKSAR Immigration Department. If you remain as a Chinese citizen, you are eligible for a HKSAR passport. You are advised to read the booklet on ROA in the HKSAR for a more detailed explanation of Chinese nationality matters.
    (Note : " Settled", in relation to a person's claim to the ROA in the HKSAR, means ordinarily resident in Hong Kong and not subject to any restriction on the period of stay in Hong Kong.)


    Q9 If I remain as a Chinese citizen, can I keep my foreign passport when I obtain a HKSAR passport?
    A9 Yes, you can keep and travel on your foreign passport which will be regarded in Hong Kong and other parts of China as a travel document only. You are advised to read the booklet on ROA in the HKSAR for a more detailed explanation of Chinese nationality matters.

  5. #25

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    Quote Originally Posted by JaredHK:
    >>100% yes, you are allowed to hold both of passports. - my personally hold both UK and HKSAR. - but you are not allowed to hold both a british passport and a BNO<<<

    Nonsense..You cannot hold both.

    To the original poster..You will need to give up your current nationality by renouncing your citizenship. Then you will need to apply for Chinese citizenship after which you will qualify for a passport.

    My brother just gave up his US citizenship and went through the process.

    Good Luck !
    Non-sense you can not hold both - yes you are right you are nonsense if you can't hold both.

    US doesn't not allow dual nationality (I know) thats why your brother had to give up his US citizenship.

    now we are talking about UK and HK where both do allow people holding two passports - I do. - UK citizen and HKSAR

    Look at the previous message I sent - detailed from the immigration department.

  6. #26

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    Article 9 Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.

    By the wording yes it seems like you are not allowed to have dual nationality. However, what it actual means is that if you give up your chinese nationality of your own will then you will not be recognised as a chinese national anymore.
    How do you figure that? Nevermind, it's only your interpretation anyway. I'll stick with its literal meaning "shall automatically lose Chinese nationality".

    PS,... 2. When I travel to HK with my British passport, they usually would ask me to see my HK ID as well. I would be arrested if i was not allowed to have a foreigner passport.
    That's because you lined up in the "HK PERMANENT RESIDENTS" queue.

    Consular protection is not provided to Chinese nationals holding foreign passports because your foreign nationality is not recognised. You either register with your (foreign) consulate for consular protection or you consider yourself a Chinese national with your HKSAR passport. So it's one or the other you can't have both.
    ...millions of people from HK hold 2 passports
    I would question the millions figure. Millions of people from HK have never spent more than 1 month in another country.

    I guess the bone of contention here is the worth attached to holding a passport. If you treat it purely as a travel document then sure go ahead get as many passports as you want. However, if you treat a passport as an indication of your nationality, as I do, then it goes where I go. I have registered with the British Consulate. I will not be dictated to that my nationality is not recognised for the questionable benefit of a HKSAR passport.

  7. #27

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    Quote Originally Posted by EUChinese:
    US doesn't not allow dual nationality (I know) thats why your brother had to give up his US citizenship.
    Not true any more - the rules (or at leastthe practice) changed a few years ago. I have a good friend who now holds Dual US/Canadian citizenship (don't ask me why!).

  8. #28

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    Anyway, I think I have enough said, as far as I am concerned I am holding two passports (UK citizen and HKSAR) legally without any harm or hassle so far. Both passports have been declared to both authorities (UK and HK immigrations). said it all ! - what experience in obtaining a foreign (British) passport have you had ?



    Quote Originally Posted by discobay:
    How do you figure that? Nevermind, it's only your interpretation anyway. I'll stick with its literal meaning "shall automatically lose Chinese nationality".


    That's because you lined up in the "HK PERMANENT RESIDENTS" queue.

    Consular protection is not provided to Chinese nationals holding foreign passports because your foreign nationality is not recognised. You either register with your (foreign) consulate for consular protection or you consider yourself a Chinese national with your HKSAR passport. So it's one or the other you can't have both.

    I would question the millions figure. Millions of people from HK have never spent more than 1 month in another country.

    I guess the bone of contention here is the worth attached to holding a passport. If you treat it purely as a travel document then sure go ahead get as many passports as you want. However, if you treat a passport as an indication of your nationality, as I do, then it goes where I go. I have registered with the British Consulate. I will not be dictated to that my nationality is not recognised for the questionable benefit of a HKSAR passport.

  9. #29

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    You are probably right, I know tons of people who hold US/Canadian passport plus a foreign passport. One guy i know of who has got a OZ, US and a UK one. - obsessive collection


  10. #30

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    Oct 2005
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    Interesting questions about passports/dual nationality.

    The whole situation is actually as follows:

    1) Since the establishment of the PRC, the Chinese government has adopted the policy (now enshrined in law) of non-recognition of dual nationality. And in effect this forced Chinese nationals (especially those settled overseas) to decide whether to maintain Chinese nationality (and thus NOT retain foreign nationality), OR have foreign nationality while giving up Chinese nationality.

    2) The Nationality Law of China NOW provides for circumstances where Chinese citizens may lose their Chinese nationality by having foreign nationality. This is outlined in Article 9- settlement abroad + voluntary acquisition of foreign nationality.

    Note these 2 elements: (a) SETTLEMENT ABROAD and (b) VOLUNTARY ACQUISITION of FOREIGN NATIONALITY

    (a) Settlement abroad- the citizen concerned must be SETTLED (living in an overseas country as a local resident), or RECOGNISED UNDER CHINESE LAW THAT THE PERSON IS SETTLING OVERSEAS. It is crucial to remember that it must be recognised under Chinese law as "SETTLEMENT". e.g. Even though official passport holders (Chinese) might have lived overseas as a local resident in that country, the fact that they are carrying official passports may mean that CHINA CONSIDERS THEM ONLY TO BE WORKING (OR ON SECONDMENT) overseas and thus not constitute settlement. (Also refer to Art 11 (I think, need to be verified) providing that state officials are NOT allowed to lose their Chinese nationality).

    (b) VOLUNTARY acquisition of foreign NATIONALITY:

    * Acquisition of foreign nationality must be on a voluntary basis (i.e. not under coercion or other than free will of the person)

    * The status that the person gets is, UNDER THE EYES OF CHINESE NATIONALITY LAW, foreign nationality. There may be circumstances where one may get "foreign nationality" from a "foreign country", yet not recognised under Chinese law.

    e.g. China does not recognise that country concerned. Suppose China did not recognise East Timor as a nation state. If a Chinese citizen gets what is called "citizenship of East Timor" granted under the laws of East Timor, under Chinese nationality law, it should not be recognised. As a result, the Chinese citizen would remain Chinese.

    ***** As in the case of HK, though the Interpretation of the Nationality Law did not state expressly their reasoning, its effect was as follows:

    (1) For Chinese citizens who were originally PRs in HK, when they get "foreign nationality" under foreign law when they settle abroad,
    even though the status they got was "Foreign Nationality" under foreign law,
    this WOULD NOT BE AUTOMATICALLY RECOGNISED AS "FOREIGN NATIONALITY" UNDER CHINESE LAW. (and thus circumventing the provisions of Article 9 of the Chinese Nationality Law)

    It is only when the HK Chinese citizen applies for what is called "DECLARATION OF CHANGE OF NATIONALITY" to the Hongkong Immigration Dept, that he/she will lose his/her Chinese citizenship.

    (2) The status which is recognised as "foreign nationality" under foreign law would be, UNDER CHINESE LAW, recognised as mere 'right of abode" in foreign countries. And the foreign "passports" issued under foreign law would be recognised, under CHINESE LAW, as mere "travel documents" and not nationality documents.

    (The same applies to Macao).

    (Note: Before 1990s, there was a stream of HK Chinese settling overseas, but returned in the mid 1990s. Many of these people were entreprenuers or professionals, and have acquired foreign passports and nationality. In order to maintain these people's Chinese nationality and their residential status in HK, the Chinese government decided to adopt the Interpretation, allowing HK Chinese citizens holding foreign passports to MAINTAIN their chinese citizenship while NOT breaching the basic principle of not recognising foreign nationality.
    In fact, this allows de facto dual nationality. It's just NOT RECOGNISED- that means you'd be seen as Chinese, no matter how many passports/nationalities you hold.)

    THE MAIN POINT IS: WHAT IS RECOGNISED AS FOREIGN NATIONALITY UNDER FOREIGN LAW MAY NOT BE RECOGNISED UNDER CHINESE LAW. IT IS ALWAYS USEFUL TO VERIFY THE POSITION OF CHINESE LAW TO ASCERTAIN WHETHER OR NOT YOU ARE A CHINESE CITIZEN.

    HOpe this helps. Happy to answer more questions


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