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  • 1 Post By HowardCoombs

Question on protocol for HK-born US passport holders

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  1. #1

    Question on protocol for HK-born US passport holders

    When I entered HK two months back, the HKID card I was holding was expired, and my US passport was stamped. As I understand it, US citizens with HK Right of Abode have 3 months of US consulate protection before they have to renounce their Chinese nationality in order to maintain this protection. How necessary is this? Can anyone with experience with this tell me about what the consequences of this declaration are? Would I subsequently need to get a US work visa if I found a job while in HK or does the ROA negate the visa requirement?

    I'm not sure of the definite length of my stay in Hong Kong, but it is sure to exceed 3 months. If and when I return to the US, will there be problems trying to enter?

    I'm sorry for all the questions, but I really would appreciate any advice that could be given!


  2. #2

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    What's the situation with your HK ID?
    You Say it's expired but is it being renewed?


  3. #3

    It has been renewed since I've been back in HK. Outside of entering HK with the outdated one, I don't believe there to be any current situation with my ID.


  4. #4

    Join Date
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    US consular protection is needed if you are arrested and need US consular officials to visit you in prison, recommend lawyers to you, and monitor your trial. If you don't plan to get arrested in Hong Kong, or otherwise have faith in the Hong Kong judicial system if you do, then I don't see why you would need to retain US consular protection.

    If you renounce your Chinese nationality, that means that in the future, if you leave Hong Kong for more than three consecutive years, you will lose the Right of Abode in Hong Kong and be downgraded to Right to Land. In addition, renouncing your Chinese nationality means that you are no longer eligible for the HKSAR passport or the Home Return Permit.

    A US work visa is needed if you are not a US citizen or permanent resident and need to work in the United States. You do not need a US work visa since you are a US citizen. You do not need a Hong Kong work visa to work in Hong Kong because you are a Hong Kong permanent resident.

    You will not have problems reentering the US because you are a US citizen. The immigration officers there can only detain you if they suspect you of pedophilia or terrorism or similar crimes, but as a US citizen, it is your right to be able to come and go as you please. Exile is not permitted under US law.

    The smart thing for you to do is nothing. You have the best of both worlds. Perhaps you'll want to apply for a HKSAR passport and Home Return Permit while you're still around. That is unless, of course, you also plan to get arrested in Mainland China, in which case it would be smart to enter on a US passport because, unlike Hong Kong, China lacks a professional police force and independent judiciary. The Chinese-US consular convention states that as long as you enter the mainland with your US passport, you are entitled to US consular protection.


  5. #5

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    "If you don't plan to get arrested in Hong Kong, or otherwise have faith in the Hong Kong judicial system if you do, then I don't see why you would need to retain US consular protection."

    HK also extradites people up north upon request.


  6. #6

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    Quote Originally Posted by Morrison:
    "If you don't plan to get arrested in Hong Kong, or otherwise have faith in the Hong Kong judicial system if you do, then I don't see why you would need to retain US consular protection."
    HK also extradites people up north upon request.
    Assuming your statement is true : will the US Consulate be able to do anything to stop that from happening?
    I kinda doubt it..Whether a US citizen or not, if China says you're Chinese then you're Chinese. If they want you in jail, off you go.
    The protests and condemnations coming out of the US are about as effective as pounding sand.

  7. #7

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    Howard -no need for assumptions. you can read it in the newspaper, I think I have already read about two such cases, it was a while ago so don't remember the details or dates, sorry.
    As to your further writing, if you have renounced Chinese nationality then China will surely respect that and thus you enjoy consular protection. But I would not give too much on that, some countries' "services" are really lousy.

    Last edited by Morrison; 08-12-2011 at 09:00 AM.

  8. #8

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    Quote Originally Posted by Morrison:
    As to your further writing, if you have renounced Chinese nationality then China will surely respect that and thus you enjoy consular protection. But I would not give too much on that, some countries' "services" are really lousy.
    Your assertion is surely not followed nor respected by Chinese govt. US consular protection is mostly toothless and useless. This was shown in many cases, one famous one here:
    U.S. Presses China in Case of Geologist - NYTimes.com
    Note that he renounced his citizenship, China ignored it, USA pounded sand - he is now wasting away in jail.
    Morrison likes this.

  9. #9

    That's pretty scary stuff, but there are probably more cases where people with dual nationalities get in trouble and it isn't newsworthy whatsoever. At least, I would hope so. I've no intentions of finding out where that line is, so thank you all for answering my questions.


  10. #10

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    conclusion is, don't renounce your CHinese, it does not give you an advantage.......
    instead, you lose all the privileges. Welcome to CHina.