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Laws of the People's Republic of China

You are here: AsianLII >> Databases >> Laws of the People's Republic of China >> INTERPRETATIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON SOME PROBLEMS CONCERNING THE IMPLEMENTATION OF THE NATIONALITY LAW IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION

INTERPRETATIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON SOME PROBLEMS CONCERNING THE IMPLEMENTATION OF THE NATIONALITY LAW IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Category	LAWS AND REGULATIONS ON AFFAIRS CONCERNING OVERSEAS CHINESE AND HONG KONG, MACAO AND TAIWAN	Organ of Promulgation	The Standing Committee of the National People's Congress	Status of Effect	In Force
Date of Promulgation	1996-05-15	Effective Date	1996-05-15

Interpretations of the Standing Committee of the National People's Congress on Some Problems Concerning the Implementation of the Nationality Law of the People's Republic of China in the Hong Kong Special Administrative Region

According to the provisions of Article 18 and Annex III of the Basic Law
of the Hong Kong Special Administrative Region of the People's Republic of
China, the Nationality Law of the People's Republic of China shall become
effective in Hong Kong on July 1, 1997. In light of Hong Kong's historical
background and actual situation, interpretations are hereby given with regard
to the implementation of the Nationality Law of the People's Republic of
China in Hong Kong.

1. All Hong Kong residents born in China (including Hong Kong) of Chinese
descent and other persons meeting the conditions for having Chinese
nationality prescribed by the Nationality Law of the People's Republic of
China shall be Chinese citizens.

2. All Chinese compatriots of Hong Kong, whether or not holding a British
Dependent Territories Citizen Passport or a British National (Overseas)
Passport, shall be Chinese citizens. After July 1, 1997, the above-mentioned
Chinese citizens may continue using the valid travel certificates issued by
the British government for traveling to other countries or regions, provided
that they shall not enjoy the right of British consular protection in the
Hong Kong Special Administrative Region or other areas of the People's
Republic of China for holding said British travel certificates.

3. The British subject status of a Chinese citizen of Hong Kong acquired
under the "British Nationality Selection Scheme" of the British government
shall not be recognized. Those persons are still Chinese citizens and they
shall not enjoy the right of British consular protection in the Hong Kong
Special Administrative Region or other areas of the People's Republic of
China.

4. A Chinese citizen of the Hong Kong Special Administrative Region who
has the right of residence in a foreign country may use relevant certificates
issued by the foreign government for traveling to other countries or
regions, provided that they shall not enjoy the right of foreign consular
protection in the Hong Kong Special Administrative Region or other areas of
the People's Republic of China for holding the above-mentioned certificates.

5. A Chinese citizen of the Hong Kong Special Administrative Region may,
when there is a change in his nationality, submit a report to the agency
handling nationality applications of the Hong Kong Special Administrative
Region by producing his valid certificates.

6. The government of the Hong Kong Special Administrative Region is
hereby authorized to designate the Immigration Department as the agency for
handling nationality applications of the Hong Kong Special Administrative
Region. The Immigration Department shall, in accordance with the Nationality
Law of the People's Republic of China and the preceding provisions, handle
all matters relating to nationality applications.