British nationality law and Hong Kong
From Wikipedia, the free encyclopedia
| British & Commonwealth Citizenship |
|---|
  |
| Commonwealth Nationality Laws |
|
British (history) |
| Classes of Citizens and Subjects |
|
British citizen |
| Rights and Visas |
|
Right of abode |
| Acts |
|
Ireland Act 1949 |
This article concerns matters of British nationality law in relation to Hong Kong.
Contents |
[edit] Hong Kong Act 1985
The Hong Kong Act 1985 was passed in anticipation of the handover of Hong Kong to the People's Republic of China. The Act created an additional category of British nationality known as British National (Overseas) or BN(O).
There were some 3.5 million residents of Hong Kong who held British Dependent Territories citizenship (BDTC) status by virtue of their connection with Hong Kong. Another 2 million other Hong Kong residents are believed to have been eligible to apply to become BDTCs. Upon handover, they would have lost this status and became solely PRC citizens. Uncertainty about the future of Hong Kong under PRC rule led to the United Kingdom creating a new category of nationality for which Hong Kong BDTCs could apply. Any Hong Kong BDTC who wished to do so was able to acquire the (non-transmissible) status of British National (Overseas).
The 1985 Act was brought into effect by the Hong Kong (British Nationality) Order 1986. Article 4(1) of the Order provided that on and after 1 July 1987, there would be a new form of British nationality, the holders of which would be known as British Nationals (Overseas). Article 4(2) of the Order provided that adults and minors who had a connection to Hong Kong were entitled to make an application to become British Nationals (Overseas) by registration.
Becoming a British National (Overseas) was therefore not an automatic or involuntary process and indeed many eligible people who had the requisite connection with Hong Kong never applied to become British Nationals (Overseas). Acquisition of the new status had to be voluntary and therefore a conscious act. 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 Nationals (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.
No person could become a British National (Overseas) automatically by being born in Hong Kong, by descent or by any involuntary means. A person was required to make an application on the prescribed form to the British authorities, and applicants only became a British National (Overseas) when their application was approved and duly registered under the authority of the Home Secretary. The deadline for applications passed in 1997.
British Nationals (Overseas) are Commonwealth citizens so they enjoy most civic rights in the United Kingdom. They are also eligible for a free-of-charge Residence Permit if they wish to study in the UK [1].
It should be noted that the PRC Government does not recognise British National (Overseas) or British citizen passports issued to former Hong Kong British Dependent Territories citizens that are ethnically Chinese (or possess Chinese nationality), who must obtain a Home Return Permit to enter mainland China. The Republic of China (Taiwan) only fully recognises British citizens but does not recognise British Nationals (Overseas) (who are ethnic Chinese). BN(O)s (and HKSAR passport holders) need a landing visa specific for them to enter Taiwan but British Citizens are eligible for the full visa free access programme.[2] Taiwan also does not fully recognise the British nationality of naturalised British citizens who were born in China (the PRC). They have additional hurdles to clear under Taiwanese law before being granted residence visas for Taiwan. British Nationals (Overseas) are not eligible to participate in the Visa Waiver Program of the United States. But this passport is eligible for Electronic Travel Authority of Australia, with the restriction that BN(O)s cannot apply online.
For more information about the nationality issues of Hong Kong people, please refer to the article on Hong Kong Politics.
See also: British consular protection enjoyed by BN(O) passport holders outside the PRC and the UK
|
|
|---|
| History of Hong Kong |
| Timeline |
|
Prehistory |
|
Economic history |
|
See also: |
|
|
|
Education - Geography - Politics Hong Kong Portal |
[edit] British Nationality (Hong Kong) Act 1990
After the Tiananmen Square protests of 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, in view of Britain's special obligation to Hong Kong as the one dependent territory whose people were unable to exercise the fundamental right of self-determination, it was considered necessary to devise a British Nationality Selection Scheme to enable some of the population to obtain British citizenship to maintain confidence in Hong Kong and to counteract the effects of the emigration of many of its most talented residents. The United Kingdom made provision to grant citizenship to 50,000 families whose presence was important to the future of Hong Kong 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.
[edit] Hong Kong (War Wives and Widows) Act 1996
Women who have 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:
- she is resident in Hong Kong; and
- she has 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
[edit] British Nationality (Hong Kong) Act 1997
Another special group of solely Hong Kong British nationals were the non-Chinese ethnic minorities of Hong Kong. They were primarily people of Indian & Pakistani descent. After the handover to the People's Republic of China, they would not be accepted as citizens of the PRC, as they were not of Chinese descent or Chinese race. They would be left effectively stateless — they would have British nationality but no right of abode in the UK, and residence rights in Hong Kong, but no claim to PRC nationality. Jack Straw, then the Shadow Home Secretary said in a letter to the then Home Secretary Michael Howard dated 30 January 1997 that "common sense and common humanity demand that we give these people full British citizenship. The limbo in which they will find themselves in July arises directly from the agreements which Britain made with China". He further stated that a claim that British National (Overseas) status amounts to British nationality "is pure sophistry".
The ethnic minorities petitioned to be granted full British citizenship. In response to expressions of concern in both Houses of Parliament, representations by the Hong Kong Legislative Council, the Governor of Hong Kong Chris Patten, the Foreign Secretary Malcolm Rifkind, the House of Commons Select Committee on Foreign Affairs, two former governors of Hong Kong and a former Minister with responsibility for Hong Kong, the Prime Minister John Major discussed the issue with Home Secretary Howard during the week of 27 January to 31 January 1997. Howard appeared to be in a minority in the Cabinet in strongly resisting the grant of British citizenship to the group, and Prime Minister Major suggested that the Cabinet might need to resolve the issue. Michael Howard agreed to consider the matter over the weekend. On 4 February 1997, the Home Secretary announced in Parliament that provision would be made to grant full British citizenship (with the right of abode in the UK) to the solely British ethnic minorities of Hong Kong. It was acknowledged that their nationality status would be uncertain after 30 June 1997. 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.
In February 2006, 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. No additional fee will be payable by the applicant in such cases. A template to request reconsideration can be downloaded from www.britishcitizen.info.
Recent changes to India's Citizenship Act 1955 (see Indian nationality law) 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 citizenship at birth (see www.britishcitizen.info) 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.
[edit] Persons of Nepalese origin born in Hong Kong before 30 June 1976
Recent clarification of Nepalese Citizenship law 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.
[edit] Travel documents used in Hong Kong:
- Hong Kong SAR passport
- British Dependent Territories citizen Passport
- Hong Kong Certificate of Identity
- Document of Identity
- Hong Kong Re-entry Permit
- Home Return Permit
[edit] See also
- British nationality law
- History of British nationality law
- HKSAR passport
- Chinese nationality law
- Commonwealth citizen
[edit] External links
- Hong Kong (British Nationality) Order 1986
- British citizenship information for persons from Hong Kong of Indian origin
- British citizenship information for persons from Hong Kong of Nepalese origin
- Sanjay Shah, a British Overseas citizen passport holder, spent the 13 months living in the duty free section of Nairobi's Jomo Kenyatta airport, petitioning for full British Citizenship. [3] [4] [5] [6]
- Home Office Nationality Instructions (British nationality policy and background notes)
- British Nationality Acts: 1981, 1965, 1964, 1958, 1948, 1772, 1730
- The Transition of Hong Kong People's Nationality after World War II by Michiko Ai
- Taiwan's visa offer a step forward, Taipei Times
