 | This article has an unclear citation style .(April 2010) |
| 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 |
The British Government asserts that British National (Overseas) passport holders enjoy the same level of consular service in third countries (outside the UK and PRC) as other British Nationals. [1]
In 2000, the British Government asserted that "Cantonese-speaking staff at the British Consulate-General pay periodic visits to the 80 or so BN(O)s who are in prison in Thailand." [2]
In 2005, the British Consulate-General in Hong Kong advertised for renewal of BN(O) passports in some magazines (e.g. HK Magazine) in Hong Kong, saying that "Travel with confidence on your BN(O) passport. Reliable. Secure. And renewable for life."
The Government of the People's Republic of China (PRC) claimed that BN(O)s who were also PRC citizens can enjoy PRC consular protection in third countries even if they travelled on their BN(O) passports. [3]
There have been instances that have cast some doubt regarding the availability of British consular protection for BN(O)s outside the UK and the PRC. In 1999, it was reported that a Hong Kong resident, who had travelled to India on his BN(O) passport had been wrongly detained for 23 days because his BN(O) passport was suspected by Indian officials to be fake and was certified as a forgery by the British High Commission [ citation needed ] in Bombay without seeking verification from the relevant authorities (British Consulate-General) in Hong Kong.[ citation needed ] However, he sought assistance from the PRC Embassy there and the BN(O) passport was verified by the British Consulate-General Hong Kong under pressure of the PRC Government.[ citation needed ] It was found that his BN(O) passport was genuine. [4] [5] [6] Pursuant to this issue, the British authorities have upgraded all British passports regardless of type to include enhanced security features such as digitised photographs and signatures, and electronic security features that have made requests for verification by foreign immigration officers by the British Consulate-General in Hong Kong far less necessary/frequent.
In 1999 Wu Man, a British National (Overseas) and a Hong Kong resident, was alleged to be a member of the gang once led by Cheung Tze-keung. He was arrested by police in a Bangkok street. As the request of the Chinese Government Wu was sent to mainland China directly. No formal extradition hearing was held for him because, say the Thai authorities, "he didn't ask for it". They also claimed that Wu, went willingly to China. The British Foreign Office stated that it should have been informed of Wu's arrest and impending extradition. Wu, in turn, should have been able to seek British consular assistance in Bangkok. However, British Foreign Office Minister John Battle, claimed the Thai authorities had later promised it would not happen again. [7]
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.
Under the Basic Law, the Hong Kong Special Administrative Region is exclusively in charge of its internal affairs, whilst the central government of China is responsible for its foreign affairs and defence. As a separate customs territory, Hong Kong maintains and develops relations with foreign states and regions, and plays an active role in such international organisations as World Trade Organization (WTO) and the Asia-Pacific Economic Cooperation (APEC) in its own right under the name of Hong Kong, China. Hong Kong participates in 16 projects of United Nations Sustainable Development Goals.
The special administrative regions (SAR) of the People's Republic of China are one of four types of province-level divisions of the People's Republic of China directly under the control of its Central People's Government, being integral areas of the country. As a region, they possess the highest degree of autonomy from China's central government. However, despite the relative autonomy that the Central People's Government offers the special administrative regions, the National People's Congress and its Standing Committee remains capable of enforcing laws for the special administrative regions.
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 former BDTCs; current residents cannot newly acquire this nationality.
The Mainland Travel Permit for Hong Kong and Macao Residents, also colloquially referred to as a Home Return Permit or Home Visit Permit, is a travel document to Mainland China issued to permanent residents of or Chinese nationals who settled in Hong Kong and Macau. The permit is issued by the Exit and Entry Administration of the People's Republic of China through China Travel Service sub-branches in Hong Kong and Macau and allows holders to travel freely to mainland China.
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 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 handover in 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. In addition, unlike Chinese passport which can be issued by Chinese diplomatic missions abroad, the Immigration Department of Hong Kong is the only issuing authority for HKSAR passports.
British nationality law as it pertains to Hong Kong has changed over time since it became a British colony in 1842. Hongkongers were given various nationality statuses, such as British subjects, Citizen of the United Kingdom and Colonies, British Dependent Territories Citizen and British Nationals (Overseas).
The Exit & Entry Permit for Taiwan, Republic of China is the document for the bearer to enter into and/or depart from the Taiwan Area, namely Taiwan, Penghu, Kinmen and Matsu. Currently, there are several types of Exit & Entry Permit that reflect the bearer's residency status. The permit is issued by the National Immigration Agency of the Republic of China (Taiwan). For different purposes, the permit is also known as:
The British Consulate General Hong Kong (BCGHK), located at 1 Supreme Court Road, Admiralty, Hong Kong Island, is one of the largest British consulates general in the world and is bigger than many British embassies and high commissions. It is responsible for maintaining British ties with Hong Kong and Macau.
There are 122 diplomatic missions in Hong Kong, of which 61 are consulates-general and 61 are consulates and six officially recognised bodies in Hong Kong. As Hong Kong has the status of a Special Administrative Region of the People's Republic of China, some consuls-general in Hong Kong report directly to their respective foreign ministries, rather than to their Embassies in Beijing.
Hong Kong–United States relations are bilateral relations between Hong Kong and the United States.
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 British National (Overseas) passport, commonly referred to as the BN(O) passport, is a British passport for people with British National (Overseas) status. BN(O) status was created in 1987 after the enactment of Hong Kong Act 1985, whose holders are permanent residents of Hong Kong who were British Overseas Territories citizens until 30 June 1997 and had registered as BN(O)s.
On 17 August 2015, a bombing took place inside the Erawan Shrine at the Ratchaprasong intersection in Pathum Wan District, Bangkok, Thailand, killing 20 people and injuring 125. Thai police were reported to have arrested two suspects, the second of whom confessed to having been the bomber. He later retracted his confession.
The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region is a national law of China on Hong Kong national security passed in 2020. It is implemented in Hong Kong in accordance with Hong Kong Basic Law Article 18, which allows for Chinese laws to be valid in Hong Kong if they are included in Annex III. It was formulated under the authorization of the National People's Congress decision on Hong Kong national security legislation. The law was passed on 30 June 2020 by the Standing Committee of the National People's Congress as a means of resolving the anti-extradition bill protests instigated by a Hong Kong local bill proposed in 2019 to enable extradition to other territories including the mainland, and came into force the same day.
In early May 2020, the Chinese Government announced plans to draft a new national security law for Hong Kong, something required under Hong Kong Basic Law but which should explicitly be written and enacted by Hong Kong's own government. In response to apparent mainland intent to bypass Hong Kong's local legislature, the United Kingdom – which administered Hong Kong until 1997 – announced that if a security law drafted by China was approved, Britain would open a route for all Hong Kong residents born under British rule to become British citizens. Other nations and organisations have given various responses to the decision, to legislation plans, and ultimately the law itself as passed by the Chinese Standing Committee of the National People's Congress on 28 May 2020 with 2878 votes "for", 1 vote against, and 6 blank votes. At 9:30 am, 30 June 2020, the same Standing Committee unanimously voted to enact the law. The law became effective at 11 pm on the same day.
Executive Order 13936, entitled "The President’s Executive Order on Hong Kong Normalization", is an executive order signed by U.S. President Donald Trump on July 14, 2020. On the same day Trump had signed into law Hong Kong Autonomy Act, one of the laws from which the order derives authority. The act and the executive order are the U.S. response to the imposition of a controversial national security law in Hong Kong by the Standing Committee of the National People's Congress of China on June 30, 2020, which was described as "an unusual and extraordinary threat [...] to the national security, foreign policy, and economy of the United States" in the preamble.
A dramatic manifestation of the far reach of the Hong Kong national security law was the mass arrest of 54 pro-democracy activists on 6 January. The arrested stood accused of subverting state power, a crime under the national security law, for their participation as candidates or in other capacities, in the 2020 Hong Kong pro-democracy primaries, which was part of a plan to increase pressure in parliament for democratic reform. Most of them were released on bail the following day. For the first time, the National Security Department of the police cited the national security law to block the website of HKChronicles. There were also several convictions in relation to the 2019-2020 Hong Kong protests.
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