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Old Apr 3, 2012, 1:17 am
  #31  
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Originally Posted by Clipper801
This statement is not always true.

In case of British Citizen, only applicable to those Chinese Nationals who acquired British Citizenship in HK through the “British Nationality Selection Scheme”.

For other countries, it depends on the specific consular agreement between the individual country and China.

In all cases except for the special category of British Citizen stated above, the pre-requisite is to enter China with the foreign passport, not HRP.
Read my post carefully again:

Originally Posted by garykung
1. It is possible to use BC Passport to enter China, providing you have a visa.

2. If the person is also eligible for a HRP, he or she won't be eligible for consular protection.
It has nothing to do with BNSS. If you are eligible for a HRP, you are in fact a Chinese citizen (even you may be a BC through various sources).

The pre-requisite for BC is to get a visa.

Originally Posted by HkCaGu
So the practical difference has nothing to do with travel/entry/exit. It only matters if you get into legal situations such as getting arrested. If the Chinese government investigates and finds out you're part of the scheme then you're not entitled to UK consular assistance. Am I right?
Basically, if the Chinese government can prove you are in fact a Chinese citizen, you are doomed.
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Old Apr 3, 2012, 6:00 am
  #32  
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Originally Posted by garykung
Read my post carefully again:
...
Basically, if the Chinese government can prove you are in fact a Chinese citizen, you are doomed.
The two easiest proofs are possession (not necessary in person) of HPR or HK-SAR passport.
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Old Apr 3, 2012, 7:30 am
  #33  
 
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Originally Posted by garykung
It has nothing to do with BNSS. If you are eligible for a HRP, you are in fact a Chinese citizen (even you may be a BC through various sources).

The pre-requisite for BC is to get a visa.

Basically, if the Chinese government can prove you are in fact a Chinese citizen, you are doomed.
The topic of discussion is whether a person of Chinese origin, entering China with a non-Chinese (foreign) passport is entitled to consular services from the issuing country of the non-Chinese (foreign) passport whilst in HKSAR and China.

The answer is that it depends on the specific consular agreement between the foreign country and China.

As an example, this notice is posted at the Canadian Foreign Affairs and International Trade's web site:

"Dual citizenship is not legally recognized, which may limit the ability of Canadian officials to provide consular services. You should travel using your Canadian passport and present yourself as Canadian to foreign authorities at all times. Consult our publication entitled Dual Citizenship: What You Need to Know for more information.

Canadian citizens using non-Canadian travel documents to enter mainland China have been and will be denied access to Canadian consular services by Chinese authorities."

The message is quite clear.

For British Citizen, my understanding is that those Chinese national who acquired the British Citizen status through the British Nationality Selection Scheme will not be entitled to UK consular protection and assistance whilst in HKSAR and China, even if they enter HKSAR and China with their UK passports.
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Old Apr 3, 2012, 10:05 am
  #34  
 
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A very muddy issue all around, but from the looks of it, China doesn't care about your "other" nationality... and besides, UK consular protection is known to be crummy anyways!
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Old Apr 3, 2012, 1:44 pm
  #35  
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Originally Posted by CX HK
A very muddy issue all around, but from the looks of it, China doesn't care about your "other" nationality... and besides, UK consular protection is known to be crummy anyways!
+1
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Old Apr 4, 2012, 8:19 am
  #36  
 
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I personally rely on the “consular protection and assistance” as an emergency back up in addition to travel insurance in case of a serious accident, sudden illness, emergency evacuation necessitated by natural disaster, unanticipated civil disturbance, SARS or the like. In those cases, China will likely co-operate with the foreign consular officials to facilitate assistance. Anything else, don’t expect too much especially if you’re involved in a commercial dispute with a local or criminally charged.

In order to “ensure entitlement” to such consular services, one needs to incur the cost to obtain a China visa to enter the country with one’s foreign passport.
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Old Apr 4, 2012, 10:25 pm
  #37  
 
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Originally Posted by Clipper801
I personally rely on the “consular protection and assistance” as an emergency back up in addition to travel insurance in case of a serious accident, sudden illness, emergency evacuation necessitated by natural disaster, unanticipated civil disturbance, SARS or the like. In those cases, China will likely co-operate with the foreign consular officials to facilitate assistance. Anything else, don’t expect too much especially if you’re involved in a commercial dispute with a local or criminally charged.

In order to “ensure entitlement” to such consular services, one needs to incur the cost to obtain a China visa to enter the country with one’s foreign passport.
Personally, I trust the HKSAR government through many of the cases I've witnessed with regards to emergency evacuation and the such. The HKSAR passport is truly a great deal and a "hidden gem" for many of those who continue to use BN(O) passports.
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