British citizenship and nationality law |
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Introduction |
Nationality classes |
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See also |
Law relating to former territories |
Relevant legislation |
Act of Parliament | |
Long title | An Act to provide for the acquisition of British citizenship by selected Hong Kong residents, their spouses and minor children. |
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Citation | 1990 c. 34 |
Dates | |
Royal assent | 26 July 1990 |
Text of the British Nationality (Hong Kong) Act 1990 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The British Nationality (Hong Kong) Selection Scheme, usually known in Hong Kong as simply the British Nationality Selection Scheme (BNSS), was a process whereby the Governor of Hong Kong invited certain classes of people, who were permanent residents of Hong Kong with the right of abode, and who were also considered British nationals under the British Nationality Act 1981, but were not British citizens (with the right of abode in the United Kingdom), to apply to be considered and then be selected to become registered as British citizens under the British Nationality (Hong Kong) Act 1990.
The scheme allowed at least 50,000 persons, and their spouses and children, to become British citizens by means of registration under the 1990 Act.
British nationals who were permanent residents of Hong Kong with the right of abode, who also met certain eligibility criteria, could apply to be selected to become registered as British citizens, under Section 1(1) of the 1990 Act, during two three-month periods:
The Governor and the Government of Hong Kong retained the power to invite, accept, process and approve applications after 31 March 1994. However, no person could be registered by the British Home Secretary as a British citizen under that section of the 1990 Act after 30 June 1997.
Spouses and children of those who were granted British citizenship under section 1(1) could apply for registration under Section 1(4) of the Act. All applications from spouses and children for registration under s. 1(4) were required to be made on or before 31 December 1996.
To be considered for registration as a British citizen under s. 1(1), a person was required to be settled in Hong Kong and to be one of the following:
There were four classes of eligible s. 1(1) applicants:
Selection of persons in the GOC and DSC classes was primarily based on a "points system". Applicants who, in addition to British nationality, held, claimed or possessed, voluntarily or involuntarily, nationality or citizenship of another country, other than (and excluding) the nationality of the People's Republic of China (PRC), were penalised in the points test, although it was not a bar to acceptance, selection and registration.
Spouses and children of family heads who registered under s. 1(1) were eligible for registration under s. 1(4) regardless of their nationality. However, a spouse who married the family head after that person was registered under s. 1(1) was required to be settled in Hong Kong on the date of the marriage to be eligible for registration under s. 1(4).
Under subsection 2(2) of the British Nationality (Hong Kong) Act 1990, a BDTC who was successfully registered as a British citizen under BNSS automatically ceased to be a BDTC. [1]
While the Act did not specify the loss of applicant's British National (Overseas) status, subsection 4(3) of the Hong Kong (British Nationality) Order 1986 specified that BN(O) status would be lost when the applicant ceased to be a BDTC. [2] Hence, those who were registered as British citizens under the BNSS would only hold one class of British nationality.
Under Chinese nationality law and the respective explanations made by the Standing Committee of the National People's Congress, the British Citizenship acquired by Chinese nationals in Hong Kong through BNSS is not recognised. They are not entitled to British consular protection in Hong Kong and other parts of the People's Republic of China. [3]
The politics of Hong Kong takes place in a framework of a political system dominated by its quasi-constitutional document, the Hong Kong Basic Law, its own legislature, the Chief Executive as the head of government and of the Special Administrative Region and of a politically constrained multi-party presidential system. The Government of the Hong Kong Special Administrative Region of the People's Republic of China is led by the Chief Executive, the head of government.
Right of abode in Hong Kong entitles a person to live and work in the territory without any restrictions or conditions of stay. Someone who has that right is a Hong Kong permanent resident. Foreign nationals may acquire the right of abode after meeting a seven-year residency requirement and are given most rights usually associated with citizenship, including the right to vote in regional elections. However, they are not entitled to hold territorial passports or stand for office in some Legislative Council constituencies, unless they also naturalise as Chinese citizens.
The British Nationality Act 1981 (c.61) is an Act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983.
British National (Overseas), abbreviated BN(O), is a class of British nationality associated with the former colony of Hong Kong. The status was acquired through voluntary registration by individuals with a connection to the territory who had been British Dependent Territories citizens (BDTCs) before the handover to China in 1997. Registration for BN(O) status was limited to the 10-year period preceding the transfer as a transitional arrangement for colonial subjects; current residents cannot newly acquire this nationality.
A British Overseas citizen (BOC) is a holder of a residual class of British nationality, largely held by people connected with former British colonies who do not have close ties to the United Kingdom or its remaining overseas territories. Individuals with this form of nationality are British nationals and Commonwealth citizens, but not British citizens. BOCs are subject to immigration control when entering the United Kingdom and do not have the automatic right of abode there or in any British overseas territory.
Belonger status is a legal classification normally associated with British Overseas Territories. It refers to people who have close ties to a specific territory, normally by birth or ancestry. The requirements for belonger status, and the rights that it confers, vary from territory to territory.
The Hong Kong Certificate of Identity (CI) was a formal travel document and passport, issued by the Hong Kong Government's Immigration Department until 30 June 1997. It is no longer possible to possess a valid CI as a travel document, as all CIs have expired by 30 June 2007, though most CI holders should be eligible to hold the HKSAR Passport.
The Hong Kong Special Administrative Region of the People's Republic of China passport is a passport issued only to permanent residents of Hong Kong who also hold Chinese citizenship. In accordance with the Basic Law of the Hong Kong Special Administrative Region, since the transfer of sovereignty on 1 July 1997, the passport has been issued by the Immigration Department of the Government of Hong Kong under the authorisation of the Central People's Government of the People's Republic of China. As the official languages of Hong Kong are Chinese and English, the passport is printed bilingually in both Chinese and English.
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 and world city of over seven million people, the territory has attracted refugees, immigrants and expatriates alike searching for a new life.
This article concerns the history of British nationality law.
A British Overseas Territories citizen (BOTC), formerly called British Dependent Territories citizen (BDTC), is a member of a class of British nationality granted to people connected with one or more of the British Overseas Territories.
Britons never made up more than a small portion of the population in Hong Kong, despite Hong Kong having been under British rule for more than 150 years. However, they did leave their mark on Hong Kong's institutions, culture and architecture. The British population in Hong Kong today consists mainly of career expatriates working in banking, education, real estate, law and consultancy, as well as many British-born ethnic Chinese, former Chinese émigrés to the UK and Hong Kongers who successfully applied for full British citizenship before the transfer of sovereignty in 1997.
Chinese nationality law details the conditions by which a person holds nationality of the People's Republic of China (PRC). The primary law governing these requirements is the Nationality Law of the People's Republic of China, which came into force on September 10, 1980.
The Nationality law in Nepal are regulated primarily by 2015 Constitution of Nepal, Nepal Citizenship Act 2006 and Nepal Citizenship Regulations 2006. The Nepali Constitution regulates provisions for Nepali nationality in Part 2 from Article 10 to 15. The Nepal Citizenship Act 1964 was first promulgated on 28 February 1964 and provides for single citizenship for the entire country to inherit Nepali nationality. The Nepal Citizenship Act, 2006 was enacted on 26 November 2006. It repeals the 1964 Act and makes further provisions for the acquisition and termination of Nepali citizenship and related.
Taiwanese nationality law details the conditions in which a person is a national of the Republic of China (ROC), commonly known as Taiwan. Foreign nationals may naturalize if they are permanent residents in any part of the ROC or they have immediate family members who are ROC citizens. Residents of the Mainland Area and historically, Outer Mongolia are also considered citizens of the Republic, due to the ROC's extant claim over areas controlled by the People's Republic of China (PRC) and Mongolia.
Visitors to the Republic of China (Taiwan) must obtain a visa or authorization in advance, unless they come from one of the visa exempt countries or countries whose nationals are eligible for visa on arrival. All visitors must hold a passport valid for 6 months.
The visa policy of Hong Kong deals with the requirements in which a foreign national wishing to enter Hong Kong through one of the 15 immigration control points must meet to obtain an entry permit or Visa, which depending on the traveller's nationality, may be required to travel to, enter, and remain in the Hong Kong Special Administrative Region. Visitors from over 145 countries are permitted without Visa entry for periods ranging from 7 to 180 days, to the Hong Kong Special Administrative Region for tourism or certain business-related activities. All visitors must hold a passport valid for more than 1 month.
The Nationality, Immigration and Asylum Act 2002 is an Act of the Parliament of the United Kingdom. It received royal assent on 7 November 2002.
The British National (Overseas) passport, commonly referred to as the BN(O) passport, is a British passport for persons with British National (Overseas) citizenship. BN(O) citizenship was created in 1987 after the enactment of Hong Kong Act 1985. BN(O) citizens are permanent residents of Hong Kong who were British Overseas Territories citizens until 30 June 1997, and chose to remain British by registering for BN(O) citizenship when Hong Kong was a British overseas territory.
Mainland Chinese or Mainlanders are Chinese people who live in or have recently emigrated from mainland China, defined as the territory governed by the People's Republic of China (PRC) except for Hong Kong, Macau, and the partly-PRC-controlled South China Sea Islands, and also excluding certain territories that are claimed by the PRC but not controlled, namely Taiwan aka the "Republic of China" (ROC), which is a state with limited recognition, and other associated territories that are ruled by Taiwan. The term also refers to historical groups of people of Chinese origin who immigrated to Hong Kong, Macau and Taiwan during the 20th century, especially in the context of specific historical events.