British nationality law and Hong Kong - Books - Famous Chinese Shopping City

March 8, 2014


		1 Introduction 2 Hong Kong Act 1985 3 British Nationality (Hong Kong) Act 1990 4 Hong Kong (War Wives and Widows) Act 1996 5 British Nationality (Hong Kong) Act 1997 6 See also 7 External links

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British nationality law and Hong Kong

Wikipedia

This article is for information only and is not a substitute for legal advice tailored to your personal circumstances. Readers who require advice on UK nationality or immigration law should contact a solicitor or an adviser registered with the http://www.oisc.gov.uk Office of the Immigration Services Commissioner.

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This article concerns matters of British nationality law in relation to Hong Kong.

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Hong Kong Act 1985

Image:BNO ad.jpg|thumb|300px|Advertisement for BN(O) renewal. Adopted from HK Magazine.
The http://www.coe.int/T/E/Legal_Affairs/Legal_co-operation/Foreigners_and_citizens/Nationality/Documents/National_legislation/UK%20Hong%20Kong%20Act%201985.pdf Hong Kong Act 1985 was passed in anticipation of the handover of Hong Kong to the People's Republic of China. The Act created an additional category of British nationality law|British nationality known as British National (Overseas) or BN(O).

There were some 3.5 million residents of Hong Kong who held British Dependent Territories citizen (BDTC) status by virtue of their connection with Hong Kong. Another 2 million other Hong Kong residents are believed to have been eligible to apply to become BDTCs. Upon handover, they would have lost this status and became solely Chinese nationality law|PRC citizens. Uncertainty about the future of Hong Kong under People's Republic of China|PRC rule led to the United Kingdom creating a new category of nationality for which Hong Kong BDTCs could apply. Any Hong Kong BDTC who wished to do so was able to acquire the (non-transmissible) status of British National (Overseas).

The 1985 Act was brought into effect by the http://www.britishcitizen.info/HKBNO1986.pdf Hong Kong (British Nationality) Order 1986. Article 4(1) of the Order provided that on and after 1 July 1987, there would be a new form of British nationality, the holders of which would be known as British Nationals (Overseas). Article 4(2) of the Order provided that adults and minors who had a connection to Hong Kong were entitled to make an application to become British Nationals (Overseas) by registration.

Becoming a British National (Overseas) was therefore not an automatic or involuntary process and indeed many eligible people who had the requisite connection with Hong Kong never applied to become British Nationals (Overseas). Acquisition of the new status had to be voluntary and therefore a conscious act. To make it involuntary or automatic would have been contrary to the assurances given to the PRC government which led to the words "eligible to" being used in paragraph (a) of the http://www.info.gov.hk/trans/jd/jd6.htm United Kingdom Memorandum to the Sino-British Joint Declaration. Any person who failed to register as a British Nationals (Overseas) by 1 July 1997 and would thereby be rendered stateless, automatically became a British Overseas citizen under http://www.britishcitizen.info/StatelessReductionProvisions.pdf article 6(1) of the Hong Kong (British Nationality) Order 1986.

No person could become a British National (Overseas) automatically by being born in Hong Kong, by descent or by any involuntary means. A person was required to make an application on the prescribed form to the British authorities, and applicants only became a British National (Overseas) when their application was approved and duly registered under the authority of the Home Secretary. The deadline for applications passed in 1997.

It should be noted that the PRC Government does not recognise British National (Overseas) or British citizen passports issued to former Hong Kong British Dependent Territories citizens, who must obtain a Home Return Permit to enter mainland China. The Republic of China|Republic of China (Taiwan) only fully recognises British citizens Immigration arrangements for British passport holders from Hong Kong visiting the Republic of China (Taiwan)|but does not recognise British Nationals (Overseas), with the caveat that Taiwan does not fully recognise the British nationality of naturalised British citizens who were born in China (the PRC). They have additional hurdles to clear under Taiwanese law before being granted residence visas for Taiwan. British Nationals (Overseas) are not eligible to participate in the Visa Waiver Program of the United States.

For more information about the nationality issues of Hong Kong people, please refer to the article on Politics of Hong Kong#Nationality and citizenship|Hong Kong Politics.

See also: British consular protection enjoyed by BN(O) passport holders outside the PRC and the UK

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British Nationality (Hong Kong) Act 1990

After the Tiananmen Square protests of 1989, many people in Hong Kong began to fear for their future post-1997. Emigration was rampant and a brain-drain was beginning to affect the economy of Hong Kong. To stem the drain, people urged the British Government to grant full British citizenship to all Hong Kong BDTCs ??? but this request was never accepted. However, in view of Britain's special obligation to Hong Kong as the one dependent territory whose people were unable to exercise the fundamental right of self-determination, it was considered necessary to devise a British Nationality Selection Scheme to enable some of the population to obtain British citizenship to maintain confidence in Hong Kong and to counteract the effects of the emigration of many of its most talented residents. The United Kingdom made provision to grant citizenship to 50,000 families whose presence was important to the future of Hong Kong under the http://www.hmso.gov.uk/acts/acts1990/Ukpga_19900034_en_1.htm British Nationality Act (Hong Kong) 1990. Under the Act, the Home Secretary was required to register any person recommended by the Governor of Hong Kong (as well as the applicant's spouse and minor children) as a British citizen. Any person who was registered under the Act automatically ceased to be a British Dependent Territories citizen (and also ceased to be a British National (Overseas), if they had that status) upon registration as a British citizen. No person can be registered under the Act after 30 June 1997.

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Hong Kong (War Wives and Widows) Act 1996

Women who have received assurance from the Secretary of State that they would be eligible for settlement in the United Kingdom on the basis of their husband's war service in the defence of Hong Kong may be registered as British citizens if:

she is resident in Hong Kong; and

she has not remarried

There is no requirement for the woman to hold (or have held) any form of British nationality.

Women registered as British citizens under this Act acquire British citizenship otherwise than by descent

http://www.opsi.gov.uk/acts/acts1996/1996041.htm Hong Kong (War Wives and Widows) Act 1996

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British Nationality (Hong Kong) Act 1997

Image:BTC-MinoritiesPressRelease.jpg|thumb|Announcement: Passage of law for non-Chinese Ethnic Minorities in Hong Kong
Another special group of solely Hong Kong British nationals were the non-Chinese ethnic minorities of Hong Kong. They were primarily people of India|Indian & Pakistani kinship and descent|descent. After the transfer of the sovereignty of Hong Kong|handover to the People's Republic of China, http://www.immd.gov.hk/ehtml/chnnationality_2.htm they would not be accepted as citizens of the PRC, as they were not of Chinese descent or Chinese race. They would be left effectively stateless person|stateless ??? they would have British nationality but no right of abode in the UK, and residence rights in Hong Kong, but no claim to Chinese nationality law|PRC nationality. The Rt Hon Jack Straw (politician)|Jack Straw Member of Parliament|MP, present Secretary of State for Foreign & Commonwealth Affairs said http://www.prnewswire.co.uk/cgi/news/release?id=48962 in a letter to the Home Secretary dated 30 January 1997 that "common sense and common humanity demand that we give these people full British citizenship. The limbo in which they will find themselves in July arises directly from the agreements which Britain made with China". He further stated that a claim that British National (Overseas) status amounts to British nationality "is pure sophistry".

http://www.journalism.sfsu.edu/www/pubs/prism/nov95/03.html The ethnic minorities petitioned to be granted full British citizenship. In response to expressions of concern in Parliament of the United Kingdom|both Houses of Parliament, representations by the Hong Kong Legislative Council, the Governor of Hong Kong, the Foreign Secretary, the http://www.parliament.uk/parliamentary_committees/foreign_affairs_committee.cfm House of Common's Select Committee on Foreign Affairs, two former governors of Hong Kong and a former Minister with responsibility for Hong Kong, the Prime Minister discussed the issue with the Home Secretary during the week of 27 January to 31 January 1997. The Home Secretary appeared to be in a minority in the Cabinet in strongly resisting the grant of British citizenship to the group, and the Prime Minister suggested that the Cabinet might need to resolve the issue. The Home Secretary agreed to consider the matter over the weekend. On 4 February 1997, the http://www.publications.parliament.uk/pa/cm199697/cmhansrd/vo970204/text/70204w07.htm#70204w07.html_sbhd7 Home Secretary announced in Parliament that provision would be made to grant full British citizenship (with the right of abode in the UK) to the solely British ethnic minorities of Hong Kong. It was acknowledged that their http://www.publications.parliament.uk/pa/ld199697/ldhansrd/vo970204/text/70204w02.htm#70204w02_sbhd3 nationality status would be uncertain after 30 June 1997. The subsequently enacted http://www.hmso.gov.uk/acts/acts1997/1997020.htm British Nationality (Hong Kong) Act 1997 gives them an entitlement to acquire full British citizenship by making an application to register for that status after 1 July 1997.

Recent changes to India's Citizenship Act 1955 (see Indian nationality law) provide that Indian citizenship by descent can no longer be acquired automatically at the time of birth. This amendment will also allow some children of Indian origin born in Hong Kong after 7 January 2004 who have a British National (Overseas) or British Overseas citizen parent to http://www.britishcitizen.info/ automatically acquire British Overseas citizenship at birth (see http://www.britishcitizen.info/ www.britishcitizen.info) under the provisions for reducing statelessness in http://www.britishcitizen.info/StatelessReductionProvisions.pdf article 6(2) or 6(3) of the Hong Kong (British Nationality) Order 1986. If they have acquired no other nationality after birth, they will be entitled to http://www.publications.parliament.uk/pa/ld199900/ldhansrd/pdvn/lds04/text/41220w04.htm#column_WA123 register for full British citizenship with right of abode in the UK.

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