https://geoexpat.com/forum/54/thread310005-7.html Issued by the Overseas Chinese Affairs Office of the State Council on the Definition of Overseas Chinese, Foreign National Chinese, Returned Overseas Chinese and Relatives of Overseas Chinese status provision (Guo Qiao Fa  No 5) (‘2009 Notice’) issued on 29 April 2009. This came to light from http://www.scmp.com/news/hong-kong/a...t-abode-ruling
Also via the Hong Kong Chinese Compatriot route, but that has since been re-tested in the High Court, and isn't looking so promising. http://www.scmp.com/news/hong-kong/l...n-acquire-hong
Last edited by dossier; 28-05-2018 at 11:16 AM.
*Double post deleted*
This could get quite interesting - like the famous "Surinder Singh" route in UK Immigration - although I'd rather not have the whole thing named after me!
Re "Would you be able to explain more about what you mean in 2016 they overlooked the 7 year stay? " I think the Immd may have been hoping I would quietly "go away" if they gave me non-Chinese ROA HKPIC (without an HKSAR Passport and HRP). There were a few discussions attempting to convince me that the HKSAR Passport isn't particularly good anyway, and why care if you have a BC Passport.
Last edited by dossier; 28-05-2018 at 11:04 AM.
Alternatively, there is the renouncing British Citizenship, take HKSAR Citizenship, and restore British Citizenship route (permissibly only once). Precedent seems to be pretty silent on what then happens under CNL. It may actually be the more practical permissible route to dual.Original Post Deleted
When you said ImmD was willing to give you RoA based on having RTL for 7 years, how often were you in HK during this time. Did you visit once every year or so?
I have a sense that ImmD is very lenient on the interpretation of 7 years ordinary residence when granting RoA. I know of a case where the applicant was physically in HK for a total of only 2 years and got it. However when it comes to Chinese nationality, I think they are very strict.
I think you're going to have difficulties advancing your argument - seems quite clear in the Tim Loh judgement, you were born in the UK and folks settled abroad. You will need to seek your path to a HK Passport by way of naturalising as a Chinese citizen. Personally I wouldn't want to advance it to a hearing, since if you are not successful, a costs order will be levied against you. Tim Loh as the losing side had to pay 85% of the costs of Senior Counsel.....Is the HK Passport worth that much to you? If so, give up your British Passport, and get it back later.