British National (Overseas)
Encyclopedia
British National commonly known as BN(O), is one of the major classes of British nationality under British nationality law
. Holders of this nationality are British nationals and Commonwealth citizen
s, but not British Citizen
s. They are not granted right of abode
anywhere, including the United Kingdom
and Hong Kong
, through their British National (Overseas) status.
The creation of the class of British National (Overseas) was a response to the question of the future prospect of Hong Kong in the 1980s, and therefore the nationality was "tailor-made" for the Hong Kong
residents with British Dependent Territories Citizen status by virtue of their connection with Hong Kong. The nationality also served to retain an appropriate relationship with the United Kingdom after the transfer of sovereignty of Hong Kong to the People's Republic of China
in 1997. From 1 July 1987 to 1997, around 3.4 million of British Dependent Territories Citizens of Hong Kong (mainly ethnic Chinese
), successfully gained British National (Overseas) status by registration. Hong Kong's British Dependent Territories citizenship then ceased to exist after 30 June 1997.
As of 2007, 3.44 million of Hong Kong residents had the status as British National (Overseas), although only 800,000 of them held a valid British National (Overseas) passport
. As the BN(O) nationality cannot be gained any more, the number of BN(O)s slowly decreases and will eventually disappear.
as a travel document
. Only the minority of the BN(O) that hold no other nationality can register to become British Citizens.
, a major region of Hong Kong, to Britain would expire in around 20 years. The public concern immediately resulted in a series of negotiations between the Chinese and British government in the early 1980s regarding the future prospect of Hong Kong. The negotiations resulted in the Sino-British Joint Declaration
on 9 December 1984 stating the transfer of the sovereignety to the People's Republic of China on 1 July 1997.
However, the decision reached by the two governments in the Joint Declaration brought uncertainty to the general public of Hong Kong. Many of them were deeply worried about the prospect of being ruled by the Chinese regime
and started to have doubts about the future prospect of Hong Kong. In order to avoid Hong Kong people migrating to Britain and other places, and to reinforce people's confidence in the future of Hong Kong, the British government introduced a new class of British nationality according to the provisions of the United Kingdom Memorandum to the Joint Declaration which would allow Hong Kong's British Dependent Territories Citizens, who were mostly ethnic Chinese, to retain an appropriate relationship with the United Kingdom
after 1997.
The 1985 Act was brought into effect by the Hong Kong (British Nationality) Order 1986. Article 4(2) of the Order provided that adults and minors who had a connection to Hong Kong were entitled to apply for becoming British Nationals (Overseas) by registration.
Becoming a British National (Overseas) was therefore neither an automatic nor an involuntary process and many eligible people who had the requisite connection with Hong Kong never applied to become British Nationals (Overseas). To make it involuntary or automatic would have been contrary to the assurances given to the PRC government which led to the words "eligible to" being used in paragraph (a) of the United Kingdom Memorandum to the Sino-British Joint Declaration
. Any person, who failed to register as a British National (Overseas) by 1 July 1997 and would thereby be rendered stateless, automatically became a British Overseas citizen
under article 6(1) of the Hong Kong (British Nationality) Order 1986. The deadline for applications passed in 1997.
, passport offices in Britain or passport offices of the British Embassies, Consulates or Missions abroad. The majority however kept their original nationality (BDTC) in the early years when only 15% of the passport applications was for the BN(O) passport.
In order to avoid peaks in the registration towards the transfer of sovereignty, the government to divide Hong Kong's British Dependent Territories Citizens into groups by year of birth in 1993, and a deadline for applying British National (Overseas) status and passport was set for each group ranging from 1993 until 30 September 1997. All late applicants (within a certain age group) without a legitimate written-explanation would be deprived of their right to register. Most applications were made on or before 30 June 1997, and British Dependent Territories citizenship of Hong Kong officially ceased to exist after that day. However, those who acquired Hong Kong's British Dependent Territories citizenship between 1 January and 30 June 1997, were allowed to register until 30 September, nearly three months after the transfer of sovereignty of Hong Kong. In light of the United Kingdom Memorandum to the Joint Declaration, 31 December 1997 was the final expiry date to register for British National (Overseas) status.
, and therefore they were not entitled to registration. Besides, some British Dependent Territories Citizens of Hong Kong acquired British citizenship
before 1997 so they did not need to register to be British Nationals (Overseas).
Prior to the transfer of sovereignty, the data of British Nationals (Overseas) were collected and managed by the Immigration Department
. Following the transfer of sovereignty, the British Consulate-General Hong Kong has taken over the responsibility for administering the British National (Overseas) database.
s for international travel. They are lookalike versions of regular British Citizen passports, but do not have the text "European Union
" on the cover. As of 2010 the passports are biometric
.
s and therefore enjoy certain rights
in the United Kingdom
. For example, they are eligible to join Her Majesty's Civil Service and, if resident in the UK, can vote there. British Nationals (Overseas) can be conferred British honours, receive peerage
s and become peers of the House of Lords
. If living in the UK without any immigration restrictions, they can also stand for election to Parliament and local councils
.
British Nationals (Overseas) apply to enter the UK on a working holiday Tier 5 Youth Mobility Scheme (YMS) visa. BN(O) applicants who hold funds of £1600 or more and aged 18–30 are eligible to apply. YMS entry clearance holders are free to perform many activities (with certain restrictions) in the UK for at most two years. BOCs, BOTCs and BN(O)s granted entry clearance under the YMS do not need to be sponsored for the YMS with no quotas.
British Nationals (Overseas) can register as full British citizens (rather than having to apply for naturalisation) under section 4 of the British Nationality Act 1981, after living in the United Kingdom for five years; the last year of which must have been without any immigration restrictions (such as by holding Indefinite Leave to Remain
(ILR) or its equivalent). Section 4 registration confers British citizenships otherwise than by descent and hence children born subsequently outside the United Kingdom will normally have access to British citizenship.
regards British National (Overseas) passports solely as a travel document
. British Nationals (Overseas) who are of Chinese
descent are solely regarded as Chinese citizen
s by the People's Republic of China, and unlike the situation with the United States and Australia, there are no special consular agreements which override the master nationality rule
.
As a result, they are not entitled to consular protection in Hong Kong
, Macau
, and the mainland China
. This practice is also followed in public cases: when a senior journalist
and British National (Overseas), Ching Cheong
, of The Straits Times
from Singapore
was detained, accused and imprisoned from April 2005 to February 2008 by the government of People's Republic of China for alleged espionage
by providing state secrets to Taiwan
, the British government refused to provide consular protection to him despite civil rights groups urging the Foreign Office to do so. The British Foreign Office explained that they could provide assistance to Ching Cheong, but they simply could not intervene in the judicial proceedings of other countries.
only fully recognizes British citizen
s but not British Nationals (Overseas). Holders of British National (Overseas) passports or Hong Kong Special Administration Region passport
s need an Exit & Entry Permit (landing visa) specific for China to enter Taiwan
.
in the United Kingdom
. Different from most of the nationalities all over the world, the status of British National (Overseas) is neither inheritable nor transferable. It means that the children of British Nationals (Overseas) who are not British Nationals (Overseas) themselves cannot gain this nationality from their parents. In other words, the British National (Overseas) parents have no right to pass this nationality to their non-British National (Overseas) children.
Nationality (law)
Other
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
. Holders of this nationality are British nationals and Commonwealth citizen
Commonwealth citizen
A Commonwealth citizen, which replaces the former category of British subject, is generally a person who is a national of any country within the Commonwealth of Nations....
s, but not British Citizen
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
s. They are not granted right of abode
Right of abode
The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction....
anywhere, including the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
, through their British National (Overseas) status.
The creation of the class of British National (Overseas) was a response to the question of the future prospect of Hong Kong in the 1980s, and therefore the nationality was "tailor-made" for the Hong Kong
British Hong Kong
British Hong Kong refers to Hong Kong as a Crown colony and later, a British dependent territory under British administration from 1841 to 1997.- Colonial establishment :...
residents with British Dependent Territories Citizen status by virtue of their connection with Hong Kong. The nationality also served to retain an appropriate relationship with the United Kingdom after the transfer of sovereignty of Hong Kong to the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
in 1997. From 1 July 1987 to 1997, around 3.4 million of British Dependent Territories Citizens of Hong Kong (mainly ethnic Chinese
Ethnic Chinese
Ethnic Chinese may refer to:*Han Chinese, the dominant ethnic group in the People's Republic of China, Hong Kong, Macao, the Republic of China and Singapore....
), successfully gained British National (Overseas) status by registration. Hong Kong's British Dependent Territories citizenship then ceased to exist after 30 June 1997.
As of 2007, 3.44 million of Hong Kong residents had the status as British National (Overseas), although only 800,000 of them held a valid British National (Overseas) passport
British National (Overseas) passport
The British National passport is a British passport for the holders of the nationality British National . It is mainly held by residents of Hong Kong from 1987.-Physical appearance:...
. As the BN(O) nationality cannot be gained any more, the number of BN(O)s slowly decreases and will eventually disappear.
Main characteristics
Upon registration (never automatically), British National (Overseas) status can be obtained. The nationality is obtained for life and can not be lost in case of dual nationality. However, the status cannot be passed on to children nor could it be gained after the end of the registration period in 1997. All British Nationals (Overseas) are entitled to enjoy a variety of rights in the United Kingdom and to use the British National (Overseas) passportBritish National (Overseas) passport
The British National passport is a British passport for the holders of the nationality British National . It is mainly held by residents of Hong Kong from 1987.-Physical appearance:...
as a travel document
Travel document
A travel document is an identity document issued by a government or international treaty organization to facilitate the movement of individuals or small groups of persons across international boundaries...
. Only the minority of the BN(O) that hold no other nationality can register to become British Citizens.
Background
By the late 1970s, it had become a public concern in colonial Hong Kong that the 99-year land lease of the New TerritoriesNew Territories
New Territories is one of the three main regions of Hong Kong, alongside Hong Kong Island and the Kowloon Peninsula. It makes up 86.2% of Hong Kong's territory. Historically, it is the region described in The Convention for the Extension of Hong Kong Territory...
, a major region of Hong Kong, to Britain would expire in around 20 years. The public concern immediately resulted in a series of negotiations between the Chinese and British government in the early 1980s regarding the future prospect of Hong Kong. The negotiations resulted in the Sino-British Joint Declaration
Sino-British Joint Declaration
The Sino-British Joint Declaration, formally known as the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, was signed by the Prime Ministers, Zhao Ziyang and Margaret...
on 9 December 1984 stating the transfer of the sovereignety to the People's Republic of China on 1 July 1997.
However, the decision reached by the two governments in the Joint Declaration brought uncertainty to the general public of Hong Kong. Many of them were deeply worried about the prospect of being ruled by the Chinese regime
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
and started to have doubts about the future prospect of Hong Kong. In order to avoid Hong Kong people migrating to Britain and other places, and to reinforce people's confidence in the future of Hong Kong, the British government introduced a new class of British nationality according to the provisions of the United Kingdom Memorandum to the Joint Declaration which would allow Hong Kong's British Dependent Territories Citizens, who were mostly ethnic Chinese, to retain an appropriate relationship with the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
after 1997.
Creation of the Nationality: Hong Kong Act 1985
After the signing of the Joint Declaration, a new class of British nationality, known as British National (Overseas), was created by the Hong Kong Act 1985. The new nationality was for life, non-inheritable and was specially created for British Dependent Territories citizens of Hong Kong.The 1985 Act was brought into effect by the Hong Kong (British Nationality) Order 1986. Article 4(2) of the Order provided that adults and minors who had a connection to Hong Kong were entitled to apply for becoming British Nationals (Overseas) by registration.
Becoming a British National (Overseas) was therefore neither an automatic nor an involuntary process and many eligible people who had the requisite connection with Hong Kong never applied to become British Nationals (Overseas). To make it involuntary or automatic would have been contrary to the assurances given to the PRC government which led to the words "eligible to" being used in paragraph (a) of the United Kingdom Memorandum to the Sino-British Joint Declaration
Sino-British Joint Declaration
The Sino-British Joint Declaration, formally known as the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, was signed by the Prime Ministers, Zhao Ziyang and Margaret...
. Any person, who failed to register as a British National (Overseas) by 1 July 1997 and would thereby be rendered stateless, automatically became a British Overseas citizen
British Overseas citizen
In British nationality law, the status of British Overseas citizen is one of several categories of British national. A British Overseas citizen does not have an automatic right to live in the United Kingdom.-British Nationality Act 1981:...
under article 6(1) of the Hong Kong (British Nationality) Order 1986. The deadline for applications passed in 1997.
Registration procedure
The registration procedure of the British National (Overseas) status started on 1 July 1987 and applications could be made in Hong Kong's Immigration DepartmentImmigration Department (Hong Kong)
The Immigration Department of the Government of Hong Kong is responsible for immigration control of Hong Kong. After the People's Republic of China assumed sovereignty of the territory in July 1997, Hong Kong's immigration system remained largely unchanged from its British predecessor model...
, passport offices in Britain or passport offices of the British Embassies, Consulates or Missions abroad. The majority however kept their original nationality (BDTC) in the early years when only 15% of the passport applications was for the BN(O) passport.
In order to avoid peaks in the registration towards the transfer of sovereignty, the government to divide Hong Kong's British Dependent Territories Citizens into groups by year of birth in 1993, and a deadline for applying British National (Overseas) status and passport was set for each group ranging from 1993 until 30 September 1997. All late applicants (within a certain age group) without a legitimate written-explanation would be deprived of their right to register. Most applications were made on or before 30 June 1997, and British Dependent Territories citizenship of Hong Kong officially ceased to exist after that day. However, those who acquired Hong Kong's British Dependent Territories citizenship between 1 January and 30 June 1997, were allowed to register until 30 September, nearly three months after the transfer of sovereignty of Hong Kong. In light of the United Kingdom Memorandum to the Joint Declaration, 31 December 1997 was the final expiry date to register for British National (Overseas) status.
After the transfer of sovereignty
As of 31 December 1997, around 3.4 million of Hong Kong's British Dependent Territories Citizens had successfully gained British National (Overseas) status and there were around 2.7 million valid British National (Overseas) passports in use. Circa 2 million Hong Kong residents did not obtain British National (Overseas) status. Most of those were not British Dependent Territories Citizens and held only Hong Kong Certificates of IdentityHong Kong Certificate of Identity
The Hong Kong Certificate of Identity was a formal travel document and passport, issued by the Hong Kong Government's Immigration Department until June 30, 1997...
, and therefore they were not entitled to registration. Besides, some British Dependent Territories Citizens of Hong Kong acquired British citizenship
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
before 1997 so they did not need to register to be British Nationals (Overseas).
Prior to the transfer of sovereignty, the data of British Nationals (Overseas) were collected and managed by the Immigration Department
Immigration Department (Hong Kong)
The Immigration Department of the Government of Hong Kong is responsible for immigration control of Hong Kong. After the People's Republic of China assumed sovereignty of the territory in July 1997, Hong Kong's immigration system remained largely unchanged from its British predecessor model...
. Following the transfer of sovereignty, the British Consulate-General Hong Kong has taken over the responsibility for administering the British National (Overseas) database.
BN(O) passports
BN(O)s are entitled to BN(O) passports, which are specific British passportBritish passport
British passports may be issued to people holding any of the various forms of British nationality, and are used as evidence of the bearer's nationality and immigration status within the United Kingdom or the issuing state/territory.-Issuing:...
s for international travel. They are lookalike versions of regular British Citizen passports, but do not have the text "European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
" on the cover. As of 2010 the passports are biometric
Biometric passport
A biometric passport, also known as an e-passport or ePassport, is a combined paper and electronic passport that contains biometric information that can be used to authenticate the identity of travelers...
.
Specific privileges
British Nationals (Overseas) are Commonwealth citizenCommonwealth citizen
A Commonwealth citizen, which replaces the former category of British subject, is generally a person who is a national of any country within the Commonwealth of Nations....
s and therefore enjoy certain rights
Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. For example, they are eligible to join Her Majesty's Civil Service and, if resident in the UK, can vote there. British Nationals (Overseas) can be conferred British honours, receive peerage
Peerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
s and become peers of the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. If living in the UK without any immigration restrictions, they can also stand for election to Parliament and local councils
Local government in the United Kingdom
The pattern of local government in England is complex, with the distribution of functions varying according to the local arrangements. Legislation concerning local government in England is decided by the Parliament and Government of the United Kingdom, because England does not have a devolved...
.
British Nationals (Overseas) apply to enter the UK on a working holiday Tier 5 Youth Mobility Scheme (YMS) visa. BN(O) applicants who hold funds of £1600 or more and aged 18–30 are eligible to apply. YMS entry clearance holders are free to perform many activities (with certain restrictions) in the UK for at most two years. BOCs, BOTCs and BN(O)s granted entry clearance under the YMS do not need to be sponsored for the YMS with no quotas.
British Nationals (Overseas) can register as full British citizens (rather than having to apply for naturalisation) under section 4 of the British Nationality Act 1981, after living in the United Kingdom for five years; the last year of which must have been without any immigration restrictions (such as by holding Indefinite Leave to Remain
Indefinite leave to remain
Indefinite leave to remain is an immigration status granted to a person who does not hold right of abode in the United Kingdom , but who has been admitted to the UK without any time limit on his or her stay and who is free to take up employment or study, without restriction...
(ILR) or its equivalent). Section 4 registration confers British citizenships otherwise than by descent and hence children born subsequently outside the United Kingdom will normally have access to British citizenship.
People's Republic of China
Although British Nationals (Overseas) are basically regarded as British nationals under British nationality law, the People's Republic of ChinaPeople's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
regards British National (Overseas) passports solely as a travel document
Travel document
A travel document is an identity document issued by a government or international treaty organization to facilitate the movement of individuals or small groups of persons across international boundaries...
. British Nationals (Overseas) who are of Chinese
Chinese people
The term Chinese people may refer to any of the following:*People with Han Chinese ethnicity ....
descent are solely regarded as Chinese citizen
Nationality Law of the People's Republic of China
The Nationality Law of the People's Republic of China regulates citizenship in the People's Republic of China . Such citizenship is obtained by birth when at least one parent is of Chinese nationality or by naturalization....
s by the People's Republic of China, and unlike the situation with the United States and Australia, there are no special consular agreements which override the master nationality rule
Master Nationality Rule
The Master Nationality Rule is a consequence of Article 4 of The Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws of 1930.This provides that;The United Kingdom Home Office explains:...
.
As a result, they are not entitled to consular protection in Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
, Macau
Macau
Macau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...
, and the mainland China
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...
. This practice is also followed in public cases: when a senior journalist
Journalist
A journalist collects and distributes news and other information. A journalist's work is referred to as journalism.A reporter is a type of journalist who researchs, writes, and reports on information to be presented in mass media, including print media , electronic media , and digital media A...
and British National (Overseas), Ching Cheong
Ching Cheong
Ching Cheong is a senior journalist with The Straits Times. He is best known for having been detained by the People's Republic of China on allegations of spying for Taiwan. He was imprisoned from April 2005 to February 2008, spending more than 1000 days in prison. Human rights advocates and...
, of The Straits Times
The Straits Times
The Straits Times is an English language daily broadsheet newspaper based in Singapore currently owned by Singapore Press Holdings . It is the country's highest-selling paper, with a current daily circulation of nearly 400,000...
from Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
was detained, accused and imprisoned from April 2005 to February 2008 by the government of People's Republic of China for alleged espionage
Espionage
Espionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it...
by providing state secrets to Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
, the British government refused to provide consular protection to him despite civil rights groups urging the Foreign Office to do so. The British Foreign Office explained that they could provide assistance to Ching Cheong, but they simply could not intervene in the judicial proceedings of other countries.
Republic of China (Taiwan)
The Republic of ChinaRepublic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
only fully recognizes British citizen
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
s but not British Nationals (Overseas). Holders of British National (Overseas) passports or Hong Kong Special Administration Region passport
HKSAR Passport
The Hong Kong Special Administrative Region Passport is issued to permanent residents of Hong Kong who are citizens of the People's Republic of China...
s need an Exit & Entry Permit (landing visa) specific for China to enter Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
.
Absence of right of abode in the UK
The class of British National (Overseas) was specially created for British Dependent Territories Citizens of Hong Kong, and the British government does not provide them with right of abodeRight of abode
The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction....
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. Different from most of the nationalities all over the world, the status of British National (Overseas) is neither inheritable nor transferable. It means that the children of British Nationals (Overseas) who are not British Nationals (Overseas) themselves cannot gain this nationality from their parents. In other words, the British National (Overseas) parents have no right to pass this nationality to their non-British National (Overseas) children.
Criticism
- The creation of a new nationality (with fewer privileges) has been met with criticism, as many Hong Kong residents felt the British citizenship would have been more appropriate in light of the "moral debt" owed to them by the UK. There were also British politicians and magazines criticizing the nationality.
- The absence of a right to abode in the UK has been seen as an attempt to weaken the link between Hong Kong residents and the United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. - The BN(O) status was for some a symbol for the general discontent on the end of British rule, transfer of the colony, and the perceived insufficient protection of the interest of the residents of Hong Kong by the UK.
- The British Nationality Law 1981 has been criticised that different classes of British statuses are in fact closely related to the ethnic origin of the holder by experts as well as by the Committee on the Elimination of Racial Discrimination of United Nations
See also
Travel documents- British passportBritish passportBritish passports may be issued to people holding any of the various forms of British nationality, and are used as evidence of the bearer's nationality and immigration status within the United Kingdom or the issuing state/territory.-Issuing:...
- British National (Overseas) passportBritish National (Overseas) passportThe British National passport is a British passport for the holders of the nationality British National . It is mainly held by residents of Hong Kong from 1987.-Physical appearance:...
- Hong Kong Special Administrative Region passport
- Entry Permit for Hong Kong and Macau Residents
- Visa requirements for British Nationals (Overseas)
Nationality (law)
- British Dependent Territories Citizens (defunct)
- British nationality law and Hong KongBritish nationality law and Hong KongBritish nationality law as it pertains to Hong Kong has been unusual ever since Hong Kong became a British colony in 1842. From its beginning as a sparsely populated trading port to today's cosmopolitan international financial centre of over seven million people, the territory has attracted...
- Nationality law of the People's Republic of ChinaNationality Law of the People's Republic of ChinaThe Nationality Law of the People's Republic of China regulates citizenship in the People's Republic of China . Such citizenship is obtained by birth when at least one parent is of Chinese nationality or by naturalization....
Other
- British Consulate-General Hong Kong
- Second-class citizenSecond-class citizenSecond-class citizen is an informal term used to describe a person who is systematically discriminated against within a state or other political jurisdiction, despite their nominal status as a citizen or legal resident there...
- Sino-British Joint DeclarationSino-British Joint DeclarationThe Sino-British Joint Declaration, formally known as the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, was signed by the Prime Ministers, Zhao Ziyang and Margaret...
External links
- British government websites
- British Consulate-General Hong Kong
- British Foreign & Commonwealth Office (FCO)
- (British Foreign & Commonwealth Office(FCO)"LOCATE: register with us") If you are a British national, and travelling or living abroad, or planning to do so, use our LOCATE service to tell us. Our embassy and crisis staff can then give you better assistance in an emergency such as a tsunami or terrorist attack.
- Identity and Passport Service
- Citizenship: Our Common Bond - Review made by Lord Goldsmith in March 2008
- Others
- BritishHongKong, a Scotland-based human rights organisation striving for full British citizenship for British Nationals (Overseas)
- British National (Overseas) Passport Advertisement Made by the Hong Kong Government in 1994
- News Reporting the Chaotic Scene Where People Queuing for Applying British National (Overseas) Passports on 30 March 1996