HONG KONG: NATIONALITY
1.
Q.
Replies to Questions from Australian High Commission
Will BN (0) passports be accepted by the Chinese authorities for return to the SAR before and after 1997?
If so, will that right of return be automatic or will additional requirements be imposed, eg holding a visa, identity
visa, identity card or PRC passport?
on
A. Yes, after 1997 (before 1997 the question does not arise) Section XIV of Annex I to the Sino-British Joint Declaration the question of Hong Kong makes clear that for the purpose of travelling to and from the Hong Kong SAR residents of
residents of the Hong Kong SAR may use travel documents issued by other states. Residents of the Hong Kong SAR with right of abode in the SAR will hold permanent identity cards as evidence of that right. BN (0) passports will contain an
an endorsement showing that the holder has a permanent identity card as evidence of his right of abode in Hong Kong or Hong Kong SAR.
Of relevance also are the detailed arrangements agreed with the Chinese Government concerning the issue of a new form of permanent identity card in Hong Kong. These arrangements are enshrined in an Exchange of Memoranda of 11 April 1986 between the British and Chinese Governments. Copies of the memoranda are
attached.
2.
Q. How long will SAR residents be permitted to
to remain outside the SAR before losing residence
residence rights both before and after 1997? Will different rules apply to those residents who are PRC citizens against those who are not?
A.
This is a matter ultimately for the PRC Government to decide although we expect to be in contact with them on this point before 1997. It should be understood however that as the SAR does into existence until 1 July 1997, absence from Hong Kong and possible loss of
loss of residence status before that date will be subject to Hong Kong legislation and not SAR legislation. As all BN (0) s will retain BDTC status until 30 June 1997 they will automatically retain the right of abode in Hong Kong which goes with the latter status until that date. After that date the continuation of a person's right of abode (in the Hong Kong SAR) will be governed by the criteria laid down in Section XIV of Annex I to the Joint Declaration. According to this Section the criteria for having the right of abode in the Hong Kong SAR are different for Chinese nationals
Chinese nationals and non-Chinese nationals but we do not know whether the criteria for loss of right of abode will be different also. But in any event whatever the criteria for loss of right of abode in the Hong Kong SAR will be, it must be contingent upon a person having
having the right to reside somewhere
else.
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Private notes are available after approval.