British nationality law and Hong Kong
Encyclopedia
British 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 refugees, immigrants and expatriates alike searching for a new life.
Citizenship matters were complicated by the fact that British nationality law
treated those born in Hong Kong as British
subjects (although they did not enjoy full rights and citizenship), while the People's Republic of China
(PRC) did not recognise Hong Kong Chinese as British. The main reason being that recognising these people as British would be seen as tacit acceptance of a series of treaties which the PRC labels as "unequal
" - including the ones which ceded Hong Kong island, the Kowloon peninsula and later Hong Kong's New Territories to the UK.
, in the theory that people born within the dominion of the crown, which included self-governing dominions and colonies, would have a "natural allegiance" to the crown as a "debt of gratitude" to the crown for protecting them through infancy. As the dominion of the British empire expanded, British subject
s included not only persons within the United Kingdom but also those throughout the British Empire.
By this definition, anyone born in Hong Kong after it became a British colony in 1842 was a British subject. Then, under the Naturalisation of Aliens Act 1847 expanded what had been covered in the Naturalisation Act 1844, which applied only to people within the United Kingdom
, to all its dominions and colonies. The Act made provisions for naturalisation as well as allowing acquiring British subject status by marriage between a foreign woman and a British subject man.
' heads of government decided in 1948 to embark on a major change in the law of nationality throughout the Commonwealth. It was decided at the conference that the United Kingdom
and the self-governing dominions would each adopt separate national citizenship, but retain the common imperial status of British subject. The British Nationality Act 1948 provided for a new status of Citizen of the United Kingdom and Colonies (CUKC), consisting of British subjects who had a close relationship (either through birth or descent) with the United Kingdom and its remaining colonies. The Act also provided that British subjects could be known by the alternative title Commonwealth citizen
.
The Act came into force on 1 January 1949 and stipulated that anyone born in "United Kingdom or a colony," i.e. Hong Kong, on or after that date was a CUKC. Those who were British Subjects on 31 December 1948 were entitled to acquire CUKC by declaration. The deadline for this was originally 31 December 1949, but the deadline was extended to 31 December 1962 by the British Nationality Act 1958.
British Nationality Acts were passed in 1958, 1964 and 1965, which mainly fine-tuned special provisions about CUKC acquisition.
and Commonwealth Immigrants Act 1968, tightening immigration control for CUKCs into the United Kingdom.
As such, CUKCs connected to Hong Kong were subject to immigration control after 1962.
Finally in the Immigration Act 1971
, the concept of patriality or right of abode
was created. CUKCs and other Commonwealth citizens had the right of abode in the UK only if they, their husband (if female), their parents or their grandparents were connected to the United Kingdom. This placed the UK in the rare position of denying some of its nationals entry into their country of nationality. However, the concept of patriality was only a temporary solution to halt a sudden wave of migration. The British government later reformed the law, resulting in the British Nationality Act 1981.
These acts shaped an increasingly restrictive immigration policy into the UK for Hong Kong residents even before the Sino-British Joint Declaration
of 1984.
The British Nationality Act 1981
was monumental in not only creating new categories of British nationality, but also effectively renaming British colonial territories. After implementation, all British colonial possessions became British Dependent Territories. The act abolished the status of CUKC, and replaced it with three new categories of nationality on 1 January 1983:
The law implied that those who have CUKC status by connection with Hong Kong or those born in Hong Kong on or after 1983 by a parent settled in Hong Kong are BDTCs. The law also stated that citizens by descent could not automatically pass on British nationality to a child born outside the United Kingdom or the dependent territories concerned unless a parent acquired citizenship otherwise than by descent.
Negotiation concerning the future of Hong Kong started in the late 1970s between Britain and the PRC. With the signing of the Sino-British Joint Declaration
on 19 December 1984, the future of Hong Kong was set, with the PRC to assume sovereignty of the entire territory of Hong Kong on 1 July 1997.
At that time, there were some 3.5 million residents of Hong Kong with BDTC status by virtue of their connection with Hong Kong. Another 2 million were believed to have been eligible to apply to become BDTCs. After the handover, they would have lost this status and became solely PRC citizens. At the time, Hong Kong was the largest of the remaining British dependent territories with over 5 million inhabitants.
known as British National (Overseas)
or BN(O). This new category was available only to Hong Kong BDTCs, and any Hong Kong BDTC who wished to do so would be able to acquire the status of British National (Overseas). The status was non-transferable and available only by application, and the deadline to apply was 31 December 1997.
under the Hong Kong (British Nationality) Order 1986.
, which granted to a select 50,000 people and their families the ability to obtain full British citizenship without having to fulfill the ordinary requirements, under the British Nationality Act (Hong Kong) 1990. Under the act, the home secretary was required to register any person recommended by the Governor of Hong Kong
(as well as the applicant's spouse and minor children) as a British citizen. Any person who was registered under the act automatically ceased to be a British Dependent Territories Citizen (and also ceased to be a British National (Overseas), if they had that status) upon registration as a British citizen. No person could be registered under the act after 30 June 1997.
n & Pakistani descent. After the handover
to the People's Republic of China, they would not be accepted as inherently being citizens of the People's Republic. They would be left effectively stateless — they would have British nationality and permanent residency
and right of abode
in Hong Kong, but no right of abode
in the UK, nor a right to claim PRC nationality, and therefore would not be able to apply for passports from any country.
The ethnic minorities petitioned to be granted full British citizenship, and were backed by several politicians and media The subsequently enacted British Nationality (Hong Kong) Act 1997 gives them an entitlement to acquire full British citizenship by making an application to register for that status after 1 July 1997.
, which made provision to substitute the wording of "British Dependent Territories" with "British Overseas Territories
" in British Nationality Act 1981 among other new provisions, further clarification was made even though this act did not even apply to Hong Kong. Section 14 of the subsequent Nationality, Immigration and Asylum Act 2002, stated specifically that a person may not be registered as a British Overseas Territories Citizen
by virtue of a connection with Hong Kong.
to "remedy the limbo status of probably the last remaining group of solely British nationals who have no other nationality or citizenship, who have not recently and deliberately given up another nationality or citizenship".
This is reflected in the position the Hong Kong Immigration Department currently has on Hong Kong residents (including former residents) of Chinese nationality who were Hong Kong permanent residents immediately before 1 July 1997 and hold foreign passports. Those who were permanent residents before the Handover continue to enjoy right of abode in Hong Kong whether they have remained overseas for long time or hold foreign nationality. They however, will not enjoy foreign consular protection in Hong Kong as long as they do not declare a change of nationality to the Immigration Department http://www.immd.gov.hk/ehtml/topical_3_6.htm.
The PRC continues to recognize only Chinese citizenship for its Chinese nationals, similar to the policies enacted in Hong Kong. That being said, many Chinese nationals have gained entry into China holding foreign travel documents with proper entry visas without encountering any problem or having to denounce one nationality or the other.
) provide that Indian citizenship by descent can no longer be acquired automatically at the time of birth. This amendment will also allow some children of Indian origin born in Hong Kong after 3 December 2004 who have a British National (Overseas) or British Overseas Citizen parent to automatically acquire British Overseas Citizen status at birth under the provisions for reducing statelessness in article 6(2) or 6(3) of the Hong Kong (British Nationality) Order 1986. If they have acquired no other nationality after birth, they will be entitled to register for full British citizenship with right of abode in the UK.
has meant a number of persons born in Hong Kong who failed to renounce their British nationality before the age of 21 and were previously thought to be citizens of Nepal are in fact solely British. The British Government has recently accepted that certain Nepalese passport holders born in Hong Kong before 30 June 1976 are British Overseas Citizens, and can register for full British citizenship (with right of abode in the UK) if they wish to do so.
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...
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 refugees, immigrants and expatriates alike searching for a new life.
Citizenship matters were complicated by the fact that British nationality law
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:...
treated those born in Hong Kong as British
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...
subjects (although they did not enjoy full rights and citizenship), while 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...
(PRC) did not recognise Hong Kong Chinese as British. The main reason being that recognising these people as British would be seen as tacit acceptance of a series of treaties which the PRC labels as "unequal
Unequal Treaties
“Unequal treaty” is a term used in specific reference to a number of treaties imposed by Western powers, during the 19th and early 20th centuries, on Qing Dynasty China and late Tokugawa Japan...
" - including the ones which ceded Hong Kong island, the Kowloon peninsula and later Hong Kong's New Territories to the UK.
Early colonial era
English common law has the rationale of natural-born citizenship, following the principle of jus soliJus soli
Jus soli , also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state...
, in the theory that people born within the dominion of the crown, which included self-governing dominions and colonies, would have a "natural allegiance" to the crown as a "debt of gratitude" to the crown for protecting them through infancy. As the dominion of the British empire expanded, British subject
British subject
In 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 :...
s included not only persons within the United Kingdom but also those throughout the British Empire.
By this definition, anyone born in Hong Kong after it became a British colony in 1842 was a British subject. Then, under the Naturalisation of Aliens Act 1847 expanded what had been covered in the Naturalisation Act 1844, which applied only to people within 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...
, to all its dominions and colonies. The Act made provisions for naturalisation as well as allowing acquiring British subject status by marriage between a foreign woman and a British subject man.
British Nationality and Status of Aliens Act 1914
The British Nationality and Status of Aliens Act 1914 came into force on 1 January 1915, codifying for the first time the law relating to British nationality. No major change was introduced but it set into law how people associated with Hong Kong — as part of "His Majesty's dominions" - would acquire British subject status.British Nationality Act 1948
The Commonwealth of NationsCommonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
' heads of government decided in 1948 to embark on a major change in the law of nationality throughout the Commonwealth. It was decided at the conference that 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 the self-governing dominions would each adopt separate national citizenship, but retain the common imperial status of British subject. The British Nationality Act 1948 provided for a new status of Citizen of the United Kingdom and Colonies (CUKC), consisting of British subjects who had a close relationship (either through birth or descent) with the United Kingdom and its remaining colonies. The Act also provided that British subjects could be known by the alternative title 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....
.
The Act came into force on 1 January 1949 and stipulated that anyone born in "United Kingdom or a colony," i.e. Hong Kong, on or after that date was a CUKC. Those who were British Subjects on 31 December 1948 were entitled to acquire CUKC by declaration. The deadline for this was originally 31 December 1949, but the deadline was extended to 31 December 1962 by the British Nationality Act 1958.
British Nationality Acts were passed in 1958, 1964 and 1965, which mainly fine-tuned special provisions about CUKC acquisition.
Commonwealth Immigrants Acts
Until 1962, all Commonwealth citizens could enter and stay in the United Kingdom without any restriction. Anticipating immigration waves from former and current colonies in Africa and Asia with the decolonisation of the 1960s, the United Kingdom passed the Commonwealth Immigrants Act 1962Commonwealth Immigrants Act 1962
The Commonwealth Immigrants Act 1962 was an Act of the Parliament of the United Kingdom.Before the Act was passed, citizens of British commonwealth countries had extensive rights to migrate to the UK...
and Commonwealth Immigrants Act 1968, tightening immigration control for CUKCs into the United Kingdom.
As such, CUKCs connected to Hong Kong were subject to immigration control after 1962.
Finally in the Immigration Act 1971
Immigration Act 1971
The Immigration Act 1971 is an Act of the Parliament of the United Kingdom concerning immigration.The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, restricted immigration, especially primary immigration into the UK....
, the concept of patriality or 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....
was created. CUKCs and other Commonwealth citizens had the right of abode in the UK only if they, their husband (if female), their parents or their grandparents were connected to the United Kingdom. This placed the UK in the rare position of denying some of its nationals entry into their country of nationality. However, the concept of patriality was only a temporary solution to halt a sudden wave of migration. The British government later reformed the law, resulting in the British Nationality Act 1981.
These acts shaped an increasingly restrictive immigration policy into the UK for Hong Kong residents even before 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...
of 1984.
British Nationality Act 1981: Hong Kong CUKCs became BDTCs
British Nationality Act 1981
The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British nationality. It has been the basis of British nationality law since 1 January 1983.-History:...
was monumental in not only creating new categories of British nationality, but also effectively renaming British colonial territories. After implementation, all British colonial possessions became British Dependent Territories. The act abolished the status of CUKC, and replaced it with three new categories of nationality on 1 January 1983:
- British Citizen (UK residents, crown dependencies)
- British Dependent Territories Citizen (BDTC) (for colonial possessions), and
- 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:...
(BOC) (a class of non-inheritable nationality without right of abode)
The law implied that those who have CUKC status by connection with Hong Kong or those born in Hong Kong on or after 1983 by a parent settled in Hong Kong are BDTCs. The law also stated that citizens by descent could not automatically pass on British nationality to a child born outside the United Kingdom or the dependent territories concerned unless a parent acquired citizenship otherwise than by descent.
After 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 19 December 1984, the future of Hong Kong was set, with the PRC to assume sovereignty of the entire territory of Hong Kong on 1 July 1997.
At that time, there were some 3.5 million residents of Hong Kong with BDTC status by virtue of their connection with Hong Kong. Another 2 million were believed to have been eligible to apply to become BDTCs. After the handover, they would have lost this status and became solely PRC citizens. At the time, Hong Kong was the largest of the remaining British dependent territories with over 5 million inhabitants.
Introduction of the BN(O) nationality: Hong Kong Act 1985
The Hong Kong Act 1985 created an additional category of British nationalityBritish 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:...
known as 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...
or BN(O). This new category was available only to Hong Kong BDTCs, and any Hong Kong BDTC who wished to do so would be able to acquire the status of British National (Overseas). The status was non-transferable and available only by application, and the deadline to apply was 31 December 1997.
BOC status for 'otherwise stateless'
Any person who failed to register as a British National (Overseas) by 1 July 1997 and would thereby be rendered stateless (generally because they were a non-ethnic Chinese and therefore not eligible for PRC citizenship), automatically became a British Overseas CitizenBritish 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 the Hong Kong (British Nationality) Order 1986.
British Nationality (Hong Kong) Act 1990: British citizenship for 50,000 families
After the Tiananmen Square massacre in 1989, many people in Hong Kong began to fear for their future post-1997. Emigration was rampant and a brain-drain was beginning to affect the economy of Hong Kong. To stem the drain, people urged the British government to grant full British citizenship to all Hong Kong BDTCs — but this request was never accepted. However, the British did agree to creating the British Nationality Selection SchemeBritish Nationality Selection Scheme
The British Nationality Selection Scheme was a process used to grant British citizenship to selected persons in Hong Kong between 1990 and 1997.-Basis of the scheme:...
, which granted to a select 50,000 people and their families the ability to obtain full British citizenship without having to fulfill the ordinary requirements, under the British Nationality Act (Hong Kong) 1990. Under the act, the home secretary was required to register any person recommended by the Governor of Hong Kong
Governor of Hong Kong
The Governor of Hong Kong was the head of the government of Hong Kong during British rule from 1843 to 1997. The governor's roles were defined in the Hong Kong Letters Patent and Royal Instructions...
(as well as the applicant's spouse and minor children) as a British citizen. Any person who was registered under the act automatically ceased to be a British Dependent Territories Citizen (and also ceased to be a British National (Overseas), if they had that status) upon registration as a British citizen. No person could be registered under the act after 30 June 1997.
Hong Kong (War Wives and Widows) Act 1996: British citizenship for war wives and widows
Women who had received assurance from the Secretary of State that they would be eligible for settlement in the United Kingdom on the basis of their husband's war service in the defence of Hong Kong may be registered as British citizens if they were resident in Hong Kong and had not remarried. There is no requirement for the woman to hold (or have held) any form of British nationality. Women registered as British citizens under this act acquire British citizenship otherwise than by descent and thus also their children would be British Citizens.British Nationality (Hong Kong) Act 1997: British citizenship for BN(O)s not of Chinese descent
Another special group of solely Hong Kong British nationals were the non-Chinese ethnic minorities of Hong Kong. They are primarily people of Nepalese, IndiaIndia
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
n & Pakistani descent. After the handover
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...
to the People's Republic of China, they would not be accepted as inherently being citizens of the People's Republic. They would be left effectively stateless — they would have British nationality and permanent residency
Permanent residency
Permanent residency refers to a person's visa status: the person is allowed to reside indefinitely within a country of which he or she is not a citizen. A person with such status is known as a permanent resident....
and 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....
in Hong Kong, but no 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....
in the UK, nor a right to claim PRC nationality, and therefore would not be able to apply for passports from any country.
The ethnic minorities petitioned to be granted full British citizenship, and were backed by several politicians and media The subsequently enacted British Nationality (Hong Kong) Act 1997 gives them an entitlement to acquire full British citizenship by making an application to register for that status after 1 July 1997.
Nationality, Immigration and Asylum Act 2002: BOTC status is not applicable to Hong Kong
In light of the passing of British Overseas Territories Act 2002British Overseas Territories Act 2002
The British Overseas Territories Act 2002 is an Act of the Parliament of the United Kingdom, which superseded parts of the British Nationality Act 1981...
, which made provision to substitute the wording of "British Dependent Territories" with "British Overseas Territories
British overseas territories
The British Overseas Territories are fourteen territories of the United Kingdom which, although they do not form part of the United Kingdom itself, fall under its jurisdiction. They are remnants of the British Empire that have not acquired independence or have voted to remain British territories...
" in British Nationality Act 1981 among other new provisions, further clarification was made even though this act did not even apply to Hong Kong. Section 14 of the subsequent Nationality, Immigration and Asylum Act 2002, stated specifically that a person may not be registered as a British Overseas Territories Citizen
British Overseas Territories citizen
The status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory.-British Nationality Act 1981:...
by virtue of a connection with Hong Kong.
2009: British Citizenship for BN(O)s not of Chinese descent and outside previous regulations
A small group of Hong Kong ethnic minorities had not been eligible for granting citizenship under the British Nationality (Hong Kong) Act 1997 because they were not ordinarily resident in Hong Kong before 4 February 1997 or they were under 18 / 21 years of age, had dual nationality through their parents before the relevant date, but had lost it upon turning 18/21. They could register to become British Citizens under the Borders, Citizenship and Immigration Act 2009Borders, Citizenship and Immigration Act 2009
The Borders, Citizenship and Immigration Act 2009 is an Act of the Parliament of the United Kingdom.Prior to the Act, residents who had spent five years living in the United Kingdom were able to apply for Indefinite Leave to Remain...
to "remedy the limbo status of probably the last remaining group of solely British nationals who have no other nationality or citizenship, who have not recently and deliberately given up another nationality or citizenship".
Chinese view on nationality of Hong Kong residents
Chinese nationality law has applied in Hong Kong since the handover on 1 July 1997. Hong Kong BDTC status ceased to exist and cannot be regained. An interpretation for implementing PRC nationality law for Hong Kong was presented at the Nineteenth Session of the Standing Committee of the Eighth National People's Congress on 15 May 1996, a year prior to the Hong Kong handover and came into effect on 1 July 1997. The explanations concerning the implementation of the nationality of Hong Kong citizens is that Hong Kong citizens of Chinese descent are Chinese nationals whether or not they have acquired other foreign citizenship(s). In other words, Hong Kong residents of Chinese nationality do not lose their citizenship upon acquiring foreign one(s) which reinterprets Article 9 of the Nationality Law from its obvious meaning.This is reflected in the position the Hong Kong Immigration Department currently has on Hong Kong residents (including former residents) of Chinese nationality who were Hong Kong permanent residents immediately before 1 July 1997 and hold foreign passports. Those who were permanent residents before the Handover continue to enjoy right of abode in Hong Kong whether they have remained overseas for long time or hold foreign nationality. They however, will not enjoy foreign consular protection in Hong Kong as long as they do not declare a change of nationality to the Immigration Department http://www.immd.gov.hk/ehtml/topical_3_6.htm.
The PRC continues to recognize only Chinese citizenship for its Chinese nationals, similar to the policies enacted in Hong Kong. That being said, many Chinese nationals have gained entry into China holding foreign travel documents with proper entry visas without encountering any problem or having to denounce one nationality or the other.
British citizenship for non-ethnic-Chinese which were wrongfully denied
In February 2006, in response to representations made by Lord Avebury and Tameem Ebrahim, British authorities announced that six hundred British citizenship applications of ethnic minority children of Indian descent from Hong Kong were wrongly refused. The applications dated from the period July 1997 onwards. Where the applicant in such cases confirms that he or she still wishes to receive British citizenship the decision will be reconsidered on request.BOC/BC status for certain ethnic Indians (new Indian law)
Recent changes to India's Citizenship Act 1955 (see Indian nationality lawIndian nationality law
The Indian citizenship and nationality law and the Constitution of India provides single citizenship for the entire country. The provisions relating to citizenship at the commencement of the Constitution are contained in Articles 5 to 11 in Part II of the Constitution of India...
) provide that Indian citizenship by descent can no longer be acquired automatically at the time of birth. This amendment will also allow some children of Indian origin born in Hong Kong after 3 December 2004 who have a British National (Overseas) or British Overseas Citizen parent to automatically acquire British Overseas Citizen status at birth under the provisions for reducing statelessness in article 6(2) or 6(3) of the Hong Kong (British Nationality) Order 1986. If they have acquired no other nationality after birth, they will be entitled to register for full British citizenship with right of abode in the UK.
BOC/BC status for certain ethnic Nepalese (reinterpretation of Nepalese law)
Recent clarification of Nepal citizenship lawNepal citizenship law
The regulates provisions for Nepali citizenship in Articles 8, 9 and 10. The was first promulgated on 28 February 1964 and provides for a single citizenship for the entire country. The was enacted on 26 November 2006...
has meant a number of persons born in Hong Kong who failed to renounce their British nationality before the age of 21 and were previously thought to be citizens of Nepal are in fact solely British. The British Government has recently accepted that certain Nepalese passport holders born in Hong Kong before 30 June 1976 are British Overseas Citizens, and can register for full British citizenship (with right of abode in the UK) if they wish to do so.
Future of BN(O) status: Lord Goldsmith's Citizenship Review in 2008
Lord Goldsmith discussed the BN(O) issue in his Citizenship Review in 2008. He indicated the BN(O) status is an "anomalous" in the history of British Nationality Law. He does not set any pre-assured stance on the issue whether the BN(O) status should be removed or to be preserved.Franchise in the United Kingdom
BN(O) passport holders, when legally resident in the United Kingdom, enjoy much the same franchise as other British and Commonwealth nationals.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 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:...
- 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...
- HKSAR passportHKSAR PassportThe Hong Kong Special Administrative Region Passport is issued to permanent residents of Hong Kong who are citizens of the People's Republic of China...
- Chinese nationality law
- Indian nationality lawIndian nationality lawThe Indian citizenship and nationality law and the Constitution of India provides single citizenship for the entire country. The provisions relating to citizenship at the commencement of the Constitution are contained in Articles 5 to 11 in Part II of the Constitution of India...
- Nepal citizenship lawNepal citizenship lawThe regulates provisions for Nepali citizenship in Articles 8, 9 and 10. The was first promulgated on 28 February 1964 and provides for a single citizenship for the entire country. The was enacted on 26 November 2006...
- Commonwealth citizenCommonwealth citizenA 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....
- Entry Permit of HK and Macao Residents (Republic of China on Taiwan)
- Right of abode issue, Hong KongRight of abode issue, Hong KongThe right of abode in Hong Kong is the right to legally reside in Hong Kong and was governed by rules both under British and Chinese administration. As the People's Republic of China stood to resume sovereignty over Hong Kong in 1997, the nationality of Hong Kongers as well as their right of abode...
Government documents
- Lord Goldsmith QC Citizenship Review Citizenship: Our Common Bond
- British citizenship information for persons from Hong Kong of Indian origin
- British citizenship information for persons from Hong Kong of Nepalese origin
- Home Office letter to Lord Avebury, confirming that more than 600 applications for British citizenship from Hong Kong were wrongly refused
- British government statement confirming which persons born in Hong Kong before 1949 acquired British nationality
- British government statement confirming which persons born in Hong Kong between 1949 and 1982 acquired British nationality
- British government statement confirming which persons born in Hong Kong between 1983 and 1997 acquired British nationality
- SUPPORTING BRITISH NATIONALS ABROAD: A GUIDE TO CONSULAR ASSISTANCE
- Reciprocity Schedule (United Kingdom), United States
- Reciprocity Schedule (Hong Kong), United States
- BN(O) passport TV advertisement in 1994
Legislations
- British Nationality Acts: 1981, 1965, 1964, 1958, 1948, 1772, 1730
- Hong Kong (British Nationality) Order 1986
- Provisions for reducing statelessness in Article 6 of the Hong Kong (British Nationality) Order 1986
Newspapers/Commentaries
- The Transition of Hong Kong People's Nationality after World War II by Michiko Ai
- Nationality of the Chief Executive of the SAR, Democratic Alliance for the Betterment of Hong KongDemocratic Alliance for the Betterment of Hong KongDemocratic Alliance for the Betterment and Progress of Hong Kong , formerly known as Democratic Alliance for the Betterment of Hong Kong, is the largest pro-Beijing political party in Hong Kong...
- 數字話當年 450萬人持特區護照, Apple DailyApple DailyApple Daily is a Hong-Kong-based tabloid-style newspaper founded in 1995 by Jimmy Lai Chee Ying and is published by its company, Next Media. A sister publication carrying the same name is published in Taiwan, Republic of China under a joint venture between Next Media and other Taiwanese companies...
- BNO逐漸走進香港歷史, Wen Wei PoWen Wei PoWen Wei Po is a Hong Kong-based Chinese language newspaper, which was first established in Shanghai in January 1938; its Hong Kong version was launched on 9 September 1948....
- BNO護照≠英籍, Mingpao
- SUBMISSION TO LORD GOLDSMITH FOR THE CITIZENSHIP REVIEW: THE DIFFERENT CATEGORIES OF BRITISH NATIONALITY, Immigration Law Practitioners' Association
Further reading
- 張勇、陳玉田：《香港居民的國籍問題》（出版社：三聯書店（香港）） (Chinese)
- 《修改英國國籍法的深刻教訓》, Leung Chun YingLeung Chun YingLeung Chun-ying GBM GBS JP , commonly known as CY, was the Convenor of the Executive Council of Hong Kong until his resignation in September 2011....
, Mingpao, 16 March 2007 - 《人心尚未回歸國人仍需努力》, Leung Chun YingLeung Chun YingLeung Chun-ying GBM GBS JP , commonly known as CY, was the Convenor of the Executive Council of Hong Kong until his resignation in September 2011....
, Mingpao, 1 June 2007 - Ng Chi-sum, Jane C.Y. Lee and Qu Ayang, Nationality and Right of Abode of Hong Kong Residents - Continuity and Change before and after 1997, 1997, Centre of Asian Studies, Hong Kong University (book in Chinese)
- Britain’s colonial obligations, The EconomistThe EconomistThe Economist is an English-language weekly news and international affairs publication owned by The Economist Newspaper Ltd. and edited in offices in the City of Westminster, London, England. Continuous publication began under founder James Wilson in September 1843...
, July 3, 1997 - The colonies—Leftovers, The EconomistThe EconomistThe Economist is an English-language weekly news and international affairs publication owned by The Economist Newspaper Ltd. and edited in offices in the City of Westminster, London, England. Continuous publication began under founder James Wilson in September 1843...
, July 3, 1997