TNAG-1558-FCO40-2122-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 115

classification that does result in citizenship.

There is one major exception to this general rule of the two- stage process:

When birth gives citizenship

In many countries, anyone born in that country--regardless of the parents' nationality--is automatically a citizen of that country. Many Hong Kong people have travelled to Australia, the United States or Canada for the birth of their children so that they automatically have another citizenship. In international law this is known as "jus solis"--or the law of the soil.

Australia, Canada, New Zealand, the United Kingdom and the United States are the most popular destinations for Hong Kong residents. Except for the UK, anyone born in those countries is automatically a citizen.

There is only one exception to this general rule: when the parents are accredited diplomats to that country, their children are excluded. Aside from that, the simple act of giving birth in the geographic boundaries of one of those countries will confer citizenship on your as-yet-unborn children.

Unfortunately, Macau recently changed its rules (so they are now, ironically, the same as Hong Kong's). Now, only children born to parents with the status of Macau nationals can also be considered Macanese. Until a few years ago, for the price of a ferry ticket you could have given your children Macau "nationality," which would have enabled them to become Portugese

citizens.

Britain also changed its rules so only people "of British ancestry" can be British, regardless of where they were born. (This was, of course, specifically designed to stop the influx of British passport holders who were born in India, Kenya, Hong Kong and other former colonies.) And in a place like Switzerland, birth does not confer nationality: a Swiss is first a member of a canton, and only secondly a national of Swizerland.

Having a child born in another country can provide the entry for the entire family. In addition to protecting your yet-to-be- born child, when the child comes of age he or she may be able to sponsor his or her parents and/or brothers and sisters into that country (for details, see below--and the checklist on page 12). A Canadian may sponsor parents, but not brothers and sisters.

1