Are you still considered a Chinese citizen if you acquired a foreign nationality ?

[Elfin safety]

My understanding is that if you re-acquire Philippines citizenship, you would automatically lose your naturalized Chinese citizenship.

The special interpretation of Article 9 applicable in HK was intended to apply to HK-born ethnic Chinese. The reason why it was necessary was because China has always regarded the ethnic Chinese population of HK as Chinese citizens.

If Article 9 was strictly interpreted, the ethnic Chinese population born in British HK, before 1997, would have automatically lost (or never had) Chinese citizenship, since they were British nationals. And also most HK-born Chinese had acquired BNO - legally a form of British nationality, even if it's not worth the paper it's printed on - of their own free will in the 1990s, which would fall foul of Article 9. Add to that the fact that many HK-born Chinese had acquired other foreign nationality (eg US/Canada/Australia) before returning to live & work in HK......and you end up with a situation where a significant proportion of the HK Chinese population would fall foul of Article 9.

That's why the Chinese government brought in the "Explanations concerning the Implementation of the Nationality Law of the PRC in the HKSAR" which effectively exempts HK-born ethnic Chinese from Article 9 and turns a blind eye to any foreign nationality that they may have, since China has always regarded them as Chinese citizens by default (and paragraph 1 of the "Explanations" emphasizes this). It was not intended to allow dual nationality under the CNL to foreign nationals.

Of course, you can renounce then reacquire your original nationality without telling, but if they find out then it's possible you could fall foul of Article 9. I would suggest seeking definitive advice from HK ImmD or an HK immigration lawyer before going ahead with re-acquisition of your original citizenship.

[rwm]

Any pointers on this one...

I am Australian by birth. My wife is Chinese by birth (born China, both parents Chinese).
She received Australian Citizenship 5+ years ago.
We have been living in China for the past 4+ years, using our Australian passports, with legitimate working visa.
This year when reapplying for the visa, they would not issue my wifes, because she still has a valid Hukou in Guangzhou.
They want her to cancel her Hukou before they will issue the visa.

Anyway - my wife would prefer to keep the Hukou, and instead renounce the Australian Citizenship.

Multiple questions:
- From what we are hearing from the immigration people, seems that the normal procedure is to firstly have to cancel your Hukou, get your Australian Visa, then follow the process for re-applying to get your Hukou back (which most people say is close to impossible). Is this correct ?
- She still seems to have her Hukou - does that mean that she is still considered as a Chinese National ? Or has this effectively ended due to her taking out Australian citizenship ?
- Any ideas on the best approach to trying to renounce the Australian citizenship to keep the Chinese nationality ?

Thanks

[Elfin safety]

According to Article 9 of the Nationality Law of the PRC, she may have automatically lost Chinese citizenship when she acquired Australian citizenship:

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.

It doesn't apply to HK Chinese, but I believe it does apply to mainlanders. Perhaps they don't know that she had since acquired Australian citizenship hence the confusion?

I would suggest she clarifies her status with the Chinese authorities, and, if she had in fact automatically lost it, the procedure for restoration of Chinese citizenship if that is what she desires. I think she should also clarify with the Australian authorities the procedure for renunciation and how that might affect her immigrational rights with regard to Australia, and whether that prejudices any entitlement to re-acquire Australian citizenship should she change her mind in the future.

[IceEagle]

My understanding is that if you re-acquire Philippines citizenship, you would automatically lose your naturalized Chinese citizenship.

The special interpretation of Article 9 applicable in HK was intended to apply to HK-born ethnic Chinese. The reason why it was necessary was because China has always regarded the ethnic Chinese population of HK as Chinese citizens.

I'm not sure if this is right. My chinese is practically non-existent, so it is only with great difficulty (and an online web translator and dictionary) that I'm able to read 香 港 特 別 行 政 區 政 府 - 入 境 事 務 處 (the Chinese version of the explanations, the legally binding version).

But the only mention of the word born or birth seems to be in 1.) where it says anyone born in Hong Kong or China or is a Chinese national according to the Nationality Law is a Chinese national. (Why even mention birth at all then?)

4.) is where the explanation regarding foreign passports comes in. It says 香港特別行政區的中國公民 which seems to mean any Hong Kong SAR Chinese national.

It's not clear to me that 香港特別行政區的中國公民 means a Chinese citizen born in Hong Kong only, excluding mainland born Chinese, overseas born Chinese, and naturalised Chinese nationals. My guess is that it means a Chinese citizen with ROA in Hong Kong.

If it does mean Hong Kong born Chinese citizens only, then this means mainland born Chinese who later obtained ROA and then naturalised in a foreign country are not allowed to use their foreign passports to travel to the country that issued their passports!

If Article 9 was strictly interpreted, the ethnic Chinese population born in British HK, before 1997, would have automatically lost (or never had) Chinese citizenship, since they were British nationals. And also most HK-born Chinese had acquired BNO - legally a form of British nationality, even if it's not worth the paper it's printed on - of their own free will in the 1990s, which would fall foul of Article 9.

I think this is somewhat debatable, as the Chinese view of the situation - BNO and BDTC being a foreign nationality that granted ROA only in a territory of China - does have logic to it. The explanations actually go further, stating that BNO and BDTC are not recognized even as proof of foreign ROA or as valid travel documents, unlike other foreign passports.

Add to that the fact that many HK-born Chinese had acquired other foreign nationality (eg US/Canada/Australia) before returning to live & work in HK......and you end up with a situation where a significant proportion of the HK Chinese population would fall foul of Article 9.

That's why the Chinese government brought in the "Explanations concerning the Implementation of the Nationality Law of the PRC in the HKSAR" which effectively exempts HK-born ethnic Chinese from Article 9 and turns a blind eye to any foreign nationality that they may have, since China has always regarded them as Chinese citizens by default (and paragraph 1 of the "Explanations" emphasizes this). It was not intended to allow dual nationality under the CNL to foreign nationals.

I agree with everything except for one minor detail. There were plenty of Chinese in Hong Kong who were born in the mainland, but had fled to Hong Kong. Many of these later obtained foreign nationalities alongside the Hong Kong born people. So covering only the Hong Kong born people wouldn't have been enough, the explanations at least have to cover all China-born chinese.

Of course, you can renounce then reacquire your original nationality without telling, but if they find out then it's possible you could fall foul of Article 9. I would suggest seeking definitive advice from HK ImmD or an HK immigration lawyer before going ahead with re-acquisition of your original citizenship.

I wonder how many people have tried this. Considering how old this thread is, the fact that no one has posted "yes, i tried this and asked Immigratioin and this is what they told me" is kind of disconcerting.

[Elfin safety]

I'm not sure if this is right. My chinese is practically non-existent, so it is only with great difficulty (and an online web translator and dictionary) that I'm able to read 香 港 特 別 行 政 區 政 府 - 入 境 事 務 處 (the Chinese version of the explanations, the legally binding version).

But the only mention of the word born or birth seems to be in 1.) where it says anyone born in Hong Kong or China or is a Chinese national according to the Nationality Law is a Chinese national. (Why even mention birth at all then?)

(1) says (my translation):

Anyone who is a Hong Kong resident of Chinese blood, born in Chinese territory (including Hong Kong), or anyone who satisfies the criteria for Chinese nationality laid down under CNL, is a Chinese citizen.

In other words:
- if you are of Chinese descent born in Chinese territory - note here the specific emphasis "including Hong Kong"; since China refused to concede the so-called 'Unequal Treaties' & has always maintained that HK was a part of China even during the colonial era (this was true of the pre-1949 Nationalist government as well as the PRC) - then you are a Chinese citizen.
- and also anyone else who fulfils the criteria under Chinese Nationality Law for being a Chinese citizen. For example, someone like Mike Rowse who renounced his British citizenship in order to naturalise as a Chinese citizen in accordance with CNL.

4.) is where the explanation regarding foreign passports comes in. It says 香港特別行政區的中國公民 which seems to mean any Hong Kong SAR Chinese national.

It's not clear to me that 香港特別行政區的中國公民 means a Chinese citizen born in Hong Kong only, excluding mainland born Chinese, overseas born Chinese, and naturalised Chinese nationals. My guess is that it means a Chinese citizen with ROA in Hong Kong.

If it does mean Hong Kong born Chinese citizens only, then this means mainland born Chinese who later obtained ROA and then naturalised in a foreign country are not allowed to use their foreign passports to travel to the country that issued their passports!

(4) says (my translation):

Hong Kong Chinese citizens who have ROA in a foreign country can use the relevant document issued by the government of the foreign country for travel to other countries or territories, but cannot enjoy consular protection in HKSAR or other parts of the PRC on account of holding such document.

Yes as you say it does refer to Chinese citizens with ROA in Hong Kong [who also have ROA in a foreign country ie foreign citizenship], and that it won't only be those born in Hong Kong - but most will be.

Some Overseas-Born Chinese with HK parents are automatically Chinese citizens by descent because their parents were not regarded to have settled status at the time of their birth in the country concerned. (Otherwise, OBCs born to parents settled abroad at time of birth, although they may have HK resident status, are not Chinese citizens and would need to naturalise to become one (which would necessitate renouncing their existing foreign citizenship). Note that having an HK ID card and residency status is not necessarily proof of Chinese nationality; that is why CTS now requires new applicants for HRP to present a HKSAR passport as definitive proof of Chinese nationality)

Mainland-born Chinese citizens who acquired foreign citizenship through settlement abroad apparently do lose their Chinese citizenship under article 9 of CNL. However for those that had held HK resident status, that does not necessarily mean they lose their HK resident status.
Personal anecdote... I know someone who was born in Canton (Guangzhou) in the RoC era, went to HK in the late 1950s to escape Maoist China, then subsequently emigrated from HK in the 1980s and acquired foreign citizenship. On a visit to HK last year, an adviser at HK Immigration Tower told him that he was deemed to have lost Chinese citizenship when he acquired foreign nationality; but he may still be entitled to HK resident status. (I was there at Immigration Tower with him, so I am not recounting secondhand information.)

[Elfin safety]

I think this is somewhat debatable, as the Chinese view of the situation - BNO and BDTC being a foreign nationality that granted ROA only in a territory of China - does have logic to it. The explanations actually go further, stating that BNO and BDTC are not recognized even as proof of foreign ROA or as valid travel documents, unlike other foreign passports.

Indeed - because BNO does not bestow foreign ROA at all. ie BNO holders do not have ROA in the UK by virtue of BNO status.That's why the BNO is endorsed with reference to the holder's HKPIC which states their ROA in Hong Kong.

HK-BDTC status ceased to exist as of 1 July 1997.

The PRC does not recognise the BNO as a valid travel document for travel to the PRC. (Neither does the RoC government for travel to Taiwan, btw.). However it is recognised by the HKSAR government - BNO holders can enter & exit Hong Kong by presenting their BNO passport alone. And it is tolerated by the PRC (although disapprovingly) for travel to third countries - eg. there are instances of HK Chinese BNO holders receiving assistance from Chinese consular missions in third countries even though they had travelled on their BNO passport; basically because the PRC regards them as Chinese citizens by default.

I wonder how many people have tried this. Considering how old this thread is, the fact that no one has posted "yes, i tried this and asked Immigration and this is what they told me" is kind of disconcerting.

well... I wouldn't recommend it!

[IceEagle]

Thanks for the translation!

(1) says (my translation):

Anyone who is a Hong Kong resident of Chinese blood, born in Chinese territory (including Hong Kong), or anyone who satisfies the criteria for Chinese nationality laid down under CNL, is a Chinese citizen.

In other words:
- if you are of Chinese descent born in Chinese territory - note here the specific emphasis "including Hong Kong"; since China refused to concede the so-called 'Unequal Treaties' & has always maintained that HK was a part of China even during the colonial era (this was true of the pre-1949 Nationalist government as well as the PRC) - then you are a Chinese citizen.
- and also anyone else who fulfils the criteria under Chinese Nationality Law for being a Chinese citizen. For example, someone like Mike Rowse who renounced his British citizenship in order to naturalise as a Chinese citizen in accordance with CNL.

If I understand the Nationality Law though, Article 4 says the same thing as the first point above - all people of Chinese descent born in Chinese territory are Chinese. Was it just stated separately to emphasize that Hong Kong was always a part of China and all Chinese in Hong Kong, as a result of Article 4 and Hong Kong always being a Chinesse territory, were always Chinese citizens?

Another explanation did occur to me. Maybe the second point really means "anyone who is a Chinese national according to the critera of the uninterpreted Nationality Law alone", i.e. a Chinese national according to the law but without the loopholes that the Explanations give for China-born citizens. So those who were born overseas (but then this would include mononationals born to HK-born parents and born in places like Japan and did not receive a foreign nationality at birth) and those who were naturalised could be excluded.

But, I know that is wrong in at least one sense: there was a case of a baby born to HK parents in Germany, born only as an Chinese national (but with ROA in HK of course) who later was automatically naturalised with its parents as German citizens. That baby won a case (in court) stating that the Explanations did apply and the baby was still a Chinese national and entitled to an HKSAR passport.

I need to look up the actual case, but this means that overseas born Chinese mononationals with ROA do not lose Chinese nationality when they acquire a foreign one unless they report it via the Declaration, same as HK Born Chinese.

Mainland-born Chinese citizens who acquired foreign citizenship through settlement abroad apparently do lose their Chinese citizenship under article 9 of CNL. However for those that had held HK resident status, that does not necessarily mean they lose their HK resident status.
Personal anecdote... I know someone who was born in Canton (Guangzhou) in the RoC era, went to HK in the late 1950s to escape Maoist China, then subsequently emigrated from HK in the 1980s and acquired foreign citizenship. On a visit to HK last year, an adviser at HK Immigration Tower told him that he was deemed to have lost Chinese citizenship when he acquired foreign nationality; but he may still be entitled to HK resident status. (I was there at Immigration Tower with him, so I am not recounting secondhand information.)

Raaaa, not what I wanted to hear! This means my dad is definitely not a Chinese national either (and since he's been gone from HK for so long would only have Right to Land himself).

[Hairball]

HongKongFoot: your case is basically the same as most of these foreign born HK people here.

I think they're scrutinizing these cases more as it appears that some people who had *** and ROA "incorrectly" are losing it when they get new ID cards or passports.

[PDLM]

For US renunciation start here: Renunciation - Consulate General of the United States Hong Kong and Macau

As I understand it you can't renounce a citizenship unless you have another one to go to - i.e. you can't make yourself stateless.

I believe the process is:

1) Apply for Chinese citizenship
2) Get provisional acceptance subject to renouncing other citizenships
3) Renounce other citizenships using this provisional acceptance
4) Take Chinese Citizenship

[PDLM]

The HK SAR passport is pretty good for visa free access. And less likely to get your throat cut in certain parts of the world.