British Nationality Selection Scheme
Encyclopedia
The British Nationality Selection Scheme was a process used to grant British citizenship
to selected persons in Hong Kong
between 1990 and 1997.
Nationality (Hong Kong
) Act 1990 gave the Home Secretary the power to register as British citizens up to 50,000 persons (heads of families) recommended to him by the Governor of Hong Kong. The spouses and minor children of such persons were also entitled to registration under section 1(4).
This was enacted to forestall the emigration of key persons from Hong Kong in the run-up to the transfer of sovereignty to China
on 30 June 1997.
A spouse who married the family head after that person was registered under s1(1) was required to be settled in Hong Kong on the date of the marriage in order to be eligible for registration under s1(4). Spouses and children were not subject to the nationality criteria.
No person could be registered as a British Citizen under the Act on or after the transfer of the sovereignty of Hong Kong
on 1 July 1997.
The Governor of Hong Kong retained the power to invite applications after that date. All applications from spouses and children for registration under s1(4) were required to be made on or before 31 December 1996.
There were four distinct schemes:
Selection of persons in the GOC and DSC classes was primarily based on a "points system".
Those who held the citizenship of another country, excluding People's Republic of China
(see Home Return Permit
for details), were penalised in the points test, although there was no specific bar to registration. Spouses and children seeking registration under s1(4) were not restricted in terms of what other nationality they could hold.
Spouses and children registered under s1(4) of the Act acquired British citizenship by descent.
Any successful applicant who was a British Dependent Territories Citizen lost that status on acquisition of British citizenship. Consequentially, British National (Overseas) status was also lost, if it was held.
Successful applicants also became European citizens upon registration as a British citizen.
A person acquiring British citizenship under the 1990 Act who subsequently became a citizen of another country did not lose British citizenship.
According to the Nationality Law of the People's Republic of China (PRC), the full British Citizenship obtained by Chinese nationals (as defined by the Nationality Law of the People's Republic of China) in Hong Kong through the British Nationality Selection Scheme will not be recognized. These people are still regarded as Chinese nationals by the PRC authority and will not be entitled to British consular protection under any territory of Chinese sovereignty including the Hong Kong
and Macau
Special Administrative Regions.
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:...
to selected persons 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...
between 1990 and 1997.
Basis of the scheme
Section 1(1) of the BritishUnited 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...
Nationality (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...
) Act 1990 gave the Home Secretary the power to register as British citizens up to 50,000 persons (heads of families) recommended to him by the Governor of Hong Kong. The spouses and minor children of such persons were also entitled to registration under section 1(4).
This was enacted to forestall the emigration of key persons from Hong Kong in the run-up to the transfer of sovereignty to 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...
on 30 June 1997.
Eligibility criteria
In order to be eligible for registration under section 1(1) a person was required to be settled in Hong Kong and:- A British Dependent Territories Citizen (BDTC) by virtue of a connection with Hong Kong, or an applicant for registration or naturalisation;
- A British National (Overseas)British National (Overseas)British National , commonly known as BN, is one of the major classes of British nationality under British nationality law. Holders of this nationality are British nationals and Commonwealth citizens, but not British Citizens...
, British Overseas CitizenBritish Overseas citizenIn 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:...
, British SubjectBritish subjectIn British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...
, or British Protected PersonBritish protected personA British protected person is a member of class of certain persons under the British Nationality Act 1981 associated with former protected states, protectorates, mandated and trust territories under British control...
A spouse who married the family head after that person was registered under s1(1) was required to be settled in Hong Kong on the date of the marriage in order to be eligible for registration under s1(4). Spouses and children were not subject to the nationality criteria.
No person could be registered as a British Citizen under the Act on or after the transfer of the sovereignty of Hong Kong
Transfer of the sovereignty of Hong Kong
The transfer of sovereignty over Hong Kong from the United Kingdom to the People's Republic of China, referred to as ‘the Return’ or ‘the Reunification’ by the Chinese and ‘the Handover’ by others, took place on 1 July 1997...
on 1 July 1997.
Selection Scheme
The selection scheme ran in two phases in which applications for s1(1) registration were possible:- 1 December 1990 to 28 February 1991
- 3 January 1994 to 31 March 1994
The Governor of Hong Kong retained the power to invite applications after that date. All applications from spouses and children for registration under s1(4) were required to be made on or before 31 December 1996.
There were four distinct schemes:
- General Occupational Class (GOC), for managers and professionals
- Entrepreneurs Class (EC), for businessmen and women
- Disciplined Services Class (DSC), for Hong Kong civil servants in police, fire, immigration, custom, correctional services.
- Sensitive Service Class (SSC), for those in a public or private sector role with particular vulnerabilities on account of their positions.
Selection of persons in the GOC and DSC classes was primarily based on a "points system".
Those who held the citizenship of another country, excluding 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...
(see Home Return Permit
Home Return Permit
A ‘Home Return Permit’ , also referred to as a ‘Home Visit Permit’ or ‘China Back Home Pass’ , is the colloquial name for the national identity document officially known as the Mainland Travel Permit for Hong Kong and Macao Residents issued to PRC citizens who are permanent residents of Hong Kong...
for details), were penalised in the points test, although there was no specific bar to registration. Spouses and children seeking registration under s1(4) were not restricted in terms of what other nationality they could hold.
Consequences of registration
A person acquiring British citizenship under section 1(1) of the Act became a British citizen otherwise than by descent and as a result, children born subsequently in Hong Kong (or elsewhere outside the United Kingdom) are generally entitled to British citizenship by descent.Spouses and children registered under s1(4) of the Act acquired British citizenship by descent.
Any successful applicant who was a British Dependent Territories Citizen lost that status on acquisition of British citizenship. Consequentially, British National (Overseas) status was also lost, if it was held.
Successful applicants also became European citizens upon registration as a British citizen.
A person acquiring British citizenship under the 1990 Act who subsequently became a citizen of another country did not lose British citizenship.
According to the Nationality Law of the People's Republic of China (PRC), the full British Citizenship obtained by Chinese nationals (as defined by the Nationality Law of the People's Republic of China) in Hong Kong through the British Nationality Selection Scheme will not be recognized. These people are still regarded as Chinese nationals by the PRC authority and will not be entitled to British consular protection under any territory of Chinese sovereignty including the 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...
and 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...
Special Administrative Regions.
See also
- British nationality lawBritish nationality lawBritish 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:...
- 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...
- History of British nationality lawHistory of British nationality law- Early English and British nationality law :British nationality law has its origins in medieval England. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions and...