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 former BDTCs; 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 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.
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, and is immune from removal and deportation.
The Immigration Department of the Government of Hong Kong is responsible for immigration control of Hong Kong. After the People's Republic of China assumed sovereignty of the territory in July 1997, Hong Kong's immigration system remained largely unchanged from its British predecessor model. Residents from mainland China do not have the right of abode in Hong Kong, nor can they enter the territory freely, both before and after 1997. There are different regulations that apply to residents of Macau, another Special Administrative Region of China. In addition, visa-free entry acceptance regulations into Hong Kong for passport holders of some 170 countries remain unchanged before and after 1997.
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).
This article concerns the history of British nationality law.
Immigration law includes the national statutes, regulations, and legal precedents governing immigration into and deportation from a country. Strictly speaking, it is distinct from other matters such as naturalization and citizenship, although they are sometimes conflated. Countries frequently maintain laws that regulate both the rights of entry and exit as well as internal rights, such as the duration of stay, freedom of movement, and the right to participate in commerce or government.
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 Hong Kong identity card is an official identity document issued by the Immigration Department of Hong Kong. According to the Registration of Persons Ordinance, all residents of age 11 or above who are living in Hong Kong for longer than 180 days must, within 30 days of either reaching the age of 11 or arriving in Hong Kong, register for an HKID. HKIDs contain amongst others the name of the bearer in English, and if applicable in Chinese. The HKID does not expire for the duration of residency in Hong Kong.
The Permit for Proceeding to Hong Kong and Macao, colloquially known as the One-way Permit, is a travel document issued by the Exit and Entry Administration of the People's Republic of China. This passport-size document is issued for its bearers, Chinese citizens residing in the mainland with relatives in Hong Kong or Macau, to proceed to the special administrative regions for residency.
The Touch Base Policy was an immigration policy in British Hong Kong from 1974 to 1980 towards the Refugee wave from the People's Republic of China to British Hong Kong. Under the policy, illegal immigrants from China could stay in Hong Kong if they reached urban areas and found a home with their relatives or other forms of accommodation.
Taiwanese nationality law details the conditions in which a person is a national of the Republic of China, commonly known as Taiwan. The Nationality Act is based on the principle of jus sanguinis, children born to at least one Taiwanese parent are automatically nationals at birth. Foreign nationals with residency in Taiwan may naturalize after continuously living in the country for at least five (5) years. Certain foreign immediate family members of Taiwanese nationals may naturalize after continuously living in the country for at least three (3) years.
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 Hong Kong Basic Law classifies residents of the Hong Kong Special Administrative Region as either permanent residents or non-permanent residents. Hong Kong residents have rights under the Basic Law including freedom of speech, freedom of movement and freedom of religious belief.
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.
A national without household registration (NWOHR) is a person with Republic of China nationality who does not have household registration in Taiwan. Nationals with this status may be subject to immigration controls when entering the Taiwan Area, do not have automatic residence rights there, cannot vote in Taiwanese elections, and are exempt from conscription. Most individuals with this status are children born overseas to Taiwanese citizens. About 60,000 NWOHRs currently hold Taiwanese passports with this status.
The Immigration Service Ordinance is Chapter 331 of Hong Kong's Ordinances. It was introduced in 1961 as Cap 30 to create the Immigration Department which was previously under the control of Hong Kong Police Force since the 1940s.
Ng Ka Ling v Director of Immigration was a joint appeal of three cases decided in 1999 by Hong Kong's Court of Final Appeal (CFA). Chief Justice Andrew Li, in the Court's unanimous opinion, held that mainland-born children of Hong Kong permanent residents enjoyed the right of abode, regardless of whether one of their parents had acquired Hong Kong permanent residency at the time of birth of the children.
