D4
HONG KONG NATIONALITY ORDER IN COUNCIL
BRIEFING NOTES
4.
1.
1.
2.
3.
RIGHT OF ABODE IN HONG KONG
CHILDREN BORN ABROAD OF NON-ETHNIC CHINESE BDTCS
A.
PRESENT POSITION
All BDTCs by virtue of a connection with Hong Kong have "Hong Kong Belonger'
status (the equivalent of right of abode) under the Hong Kong Immigration
Ordinance. This includes persons who are BDTCs born outside Hong Kong to
a Hong Kong BDTC parent, whether before or after the introduction of the
British Nationality Act 1981. (1 January 1983).
A BDTC person born in, say, Macau of a Hong Kong BDTC parent is therefore
a Hong Kong belonger, with right of abode in Hong Kong.
B.
POSITION AFTER 1997
Non-ethnic Chinese BDTCs will have the right of abode in Hong Kong under
Section XIV of Annex 1 to the agreement if:
a)
they have been ordinarily resident in Hong Kong for 7 years or
more and taken it as their place of permanent residence
b)
they are under 21 years of age and were born in Hong Kong to
persons in Category a) or
they have the right of abode only in Hong Kong before 1 July 1997.
4.
c)
A person who is a Hong Kong BDTC by virtue of his birth in Macau before
July 1997 to a person born in Hong Kong will, if he does not come within
Categories a) or b) above, therefore have the right of abode in Hong Kong
under Category c) above unless he has the right of abode (however that is
defined) in Macau or elsewhere.
5.
The effect of the agreement is that there may be some BDTCs (including some
ethnic Chinese) who are presently Hong Kong belongers because of their
connections with Hong Kong, but who will lose the right of abode after June
1997 because they have left Hong Kong and have acquired the right of abode elsewhere.
D4.