Home China Laws 2003 INTERPRETATION BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON SOME...

INTERPRETATION BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON SOME QUESTIONS CONCERNING IMPLEMENTATION OF THE NATIONALITY LAW IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Interpretation by the Standing Committee of the National People’s Congress on Some Questions Concerning Implementation of the Nationality
Law of the People’s Republic of China in the Hong Kong Special Administrative Region

     According to the provisions of Article 18 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic
of China and of its Annex III, the Nationality Law of the People’s Republic of China shall become effective in the Hong Kong Special
Administrative Region as of July 1, 1997. In view of the historical background and the reality of Hong Kong, an interpretation regarding
implementation of the Nationality Law of the People’s Republic of China in the Hong Kong Special Administrative Region is made as
follows:

1. Any Hong Kong resident of Chinese descent Who Was born in the territory of China (including Hong Kong), or any other person who
meets the requirements for Chinese nationality as prescribed by the Nationality Law of the People’s Republic of China is a Chinese
national.

2. All Chinese compatriots residing in Hong Kong, whether they are holders of the British Dependent Territories Citizens’ Passport
or the British National (Overseas) Passport, are Chinese nationals. These Chinese nationals may, as of July 1, 1997, continue to
use their valid travel documents issued by the British government for the purpose of travelling to other countries or regions. However,
they shall not be enpost_titled to British consular protection in the Hong Kong Special Administrative Region or in any other part of
the People’s Republic of China on account of their holding the British travel documents mentioned above.

3. The British citizen status of any Chinese national residing in Hong Kong granted by the British government under the British Nationality
Selection Scheme shall not be recognized according to the Nationality Law of the People’s Republic of China. Such person being still
Chinese national, he or she shall not be enpost_titled to British consular protection in the Hong Kong Special Administrative Region or
in any other part of the People’s Republic of China.

4. Any Chinese national who resides in the Hong Kong Special Administrative Region and has the right of abode in a foreign country
may use the relevant document issued by the foreign government for the purpose of travelling to other countries or regions, but he
or she shall not be enpost_titled to the consular protection of the foreign country in the Hong Kong Special Administrative Region or
in any other part of the People’s Republic of China on account of his or her holding the foreign documents mentioned above.

5. Any Chinese national residing in the Hong Kong Special Administrative Region who wishes to change his or her nationality may, by
producing valid documents, apply to the competent authorities of the Hong Kong Special Administrative Region that handle nationality
applications.

6. The Government of the Hong Kong Special Administrative Region is authorized to designate its Immigration Department as the competent
authorities for handling nationality applications. The Immigration Department of the Hong Kong Special Administrative Region shall
deal with all matters relating to nationality applications in accordance with the Nationality Law of the People’s Republic of China
and the provisions mentioned above.

    

MOFTEC P.R.C.

EDITOR:Victor