Hong kong , China resident? citizen?

[Cpshelly]

Hi everyone hope u can help me!!

My brother was born in 1980 in Hong kong during the british law. he was born in a refugee camp, our parents fled from Vietnam. He came to the U.S when he was only 11 months old with no passport just a birth certificate. til this day he does not have a passport. Is he eligible for a travel document- passport? and is he a hong kong resident - citizen?.

[PDLM]

Good question. My guess would be either that he is entitled to a Vietnamese passport (I know nothing of Vietnamese nationality laws), or a British one (if, but only if, he is "stateless" otherwise). If he has naturalised as an American citizen then he isn't entitled to a British passport.

He certainly isn't a citizen of China (Hong Kong), and I don't think he is entitled to any right of abode or right to land in Hong Kong.

[Hairball]

I think Hong Kong had the jus soli rule prior to 1983, so since he was born in 1980, he would've been a British subject associated with HK, and had the ROA in HK that way.

Now whether they excluded Vietnamese refugees from that, I have no clue.

[User]

He was born to Vietnamese refugees (or perhaps boat people) in HK, so he was not a British subject and was not an HK resident by birth.

He is a Vietnamese national and is eligible for a Vietnamese passport.

He is most probably a Legal Permanent Resident of the US and eligible for a Travel Document from the US authorities.

He is not a Chinese citizen.

Hi everyone hope u can help me!!

My brother was born in 1980 in Hong kong during the british law. he was born in a refugee camp, our parents fled from Vietnam. He came to the U.S when he was only 11 months old with no passport just a birth certificate. til this day he does not have a passport. Is he eligible for a travel document- passport? and is he a hong kong resident - citizen?.

[mrgoodkat]

The so called "boat people" never got any right of abode or citizenship in HK prior to 2000. Until they 1982 they only had the right to work during their stay in HK, starting from 1982 the Vietnamese coming to HK were interned in closed camps.

Till 1988 They were either repatriated to countries which agreed to accept them, after 1988 most of them were simply sent back to Vietnam.

In 2000 the government allowed some 1400 Vietnamese, who either never left or were refused return by Vietnam, to settle in HK.

I guess your brother should be eligible for a US passport under the Orderly Departure Program.

[PDLM]

On further review User's post above seems right. The Law of Vietnam seems clear - he is a Vietnamese Citizen and should apply for a passport from the Vietnamese Embassy.

He may also be eligible for a US Passport I guess.

He has no rights to anything in Hong Kong through having been born here.