XN000022-1996-06-27 — Page 58

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(b) whether returning Hong Kong residents with foreign nationality will automatically obtain the permanent SAR resident status after they have declared their foreign nationality, or whether they must go through certain procedures such as making an application or a declaration before they can obtain such status; if so, what the response of the Chinese officials is;

(c)

(d)

the legal basis on which returning Hong Kong residents who have declared their foreign nationality can obtain the permanent SAR resident status and enjoy the rights and obligations pertaining to that status, such as political rights and the obligation to pay tax; if so, what the response of the Chinese officials is; and

how the authorities concerned will deal with the question of the nationality and permanent SAR resident status of children born in Hong Kong to returning Hong Kong residents who have declared their foreign nationality; if so, what the response of the Chinese officials is?

On the basis of documents published by the Chinese side, including the interpretation of the Chinese Nationality Law passed by the Standing Committee of the National People's Congress, we understand the Chinese side's position to be as follows:

First, all Hong Kong residents of Chinese descent who were born in Chinese territory, including Hong Kong, will be considered as Chinese nationals. If such a person in the HKSAR also possesses a foreign nationality he may, if he wishes, make a declaration of change of nationality. To do this, he will need to present valid documentation to the Immigration Department of the HKSAR Government.

Secondly, after the declaration of change of nationality has been approved by the Immigration Department of the HKSAR, a person who was previously regarded as a Chinese national will be treated as a foreign national. In order to acquire the right of abode in the HKSAR, such a person would have to satisfy the requirements under Basic Law Article 24 sub-article (4), i.e. he would have to reside in Hong Kong ordinarily for a continuous period of seven years and have taken Hong Kong as his place of permanent residence.