US mother + HK father + baby born in HK = baby gets HK passport?

[Willow Tree]

Hello,

My husband has a Hong Kong SAR passport. I was born in the US and have US citizenship. I don't have a Hong Kong ID card. If my baby is born in Hong Kong, will he or she be able to get a Hong Kong passport? Thanks for any help you can provide.

[PDLM]

Yes, under Article 4 of the Chinese Nationality Law. Note that if your husband is deemed "settled" abroad (for example if he also has US Permanent Residence or passport) then if your child is born anywhere outside China they will not be a Chinese Citizen and therefore not entitled to a HKSAR passport.

[DanielV]

Check with the US Consulate. I think you can also apply for a U.S. passport for your child, if you prefer (but not both).

But why don't you have a Hong Kong ID? If you are residing here with your husband as a dependent I believe a dependent visa and the HKID that comes with it is a requirement.

DV

[PDLM]

Where did she say she is residing here? She could well be residing in the US (or elsewhere) and just reviewing the options.

[Willow Tree]

I live in the US and I am considering having my baby in HK so that he or she can have a HK passport as one option. And yes, my husband would probably be deemed "settled abroad" because he lives here in the US with me, but travels to HK extensively. I guess the only way to give the baby Chinese citizenship/Hong Kong SAR passport is to have the baby on Chinese soil, as Article 4 points out. Thanks so much for your reference!!