Dual Nationality?
#16
Join Date: May 2006
Location: PMD
Programs: UA*G, NW, AA-G. WR-P, HH-G, IHG-S, ALL. TT-GE.
Posts: 2,911
A Mainlander upon voluntary acquisition of a foreign nationality automatically loses Chinese nationality. Continuing to use an unexpired Chinese passport is illegal. A HK Chinese national, however, remains Chinese unless he goes to fill out papers in Wan Chai to relinquish Chinese nationality (with proofs that you have some other nationality), and his foreign nationality (and associated rights) is not recognized in Mainland/HK/Macau as long as you remain a Chinese national.
Last edited by HkCaGu; Mar 18, 2012 at 9:38 pm
#17
Join Date: Feb 2005
Posts: 7,156
Canada is one of those exceptions. If a Canadian enters China (not HKSAR) on a Canadian passport, that person is entitled to, at least on paper in accordance with the consular agreement between China and Canada, full Canadian consular protection and assistance regardless of the person’s place of birth or national origin. A Canadian who chooses to enter China with a Return Home Permit voluntarily forfeits that right to Canadian consular protection and assistance whilst in China. It’s a personal choice and there is no right or wrong answer. Obviously, entering China with a RHP has far fewer conditions of stay than entering with a foreign passport and China visa.
I have heard hearsay that once you apply for a HKSAR passport, you will not be able to apply for a visa on your foreign passports. I do not have official confirmation to that effect. I do not have a HKSAR passport, so I don't know.
Similarly, anyone with a foreign passport but enters HKSAR with their permanent HKID card forfeits the right to consular protection and assistance of that foreign country whilst in HKSAR.
Last edited by Clipper801; Mar 19, 2012 at 9:20 am
#18
Join Date: Feb 2005
Posts: 7,156
I always consider HKSAR passports to be a subset of the Chinese nationality similar to BN(O) being a special subset of the British nationality.
#20
FlyerTalk Evangelist
Join Date: Nov 2003
Location: HKG
Programs: Priority Club Plat
Posts: 12,311
Being a Mainland Chinese citizen alone doesn't give you the right to own property/business anywhere in the country. HK residency is simply a Chinese residency outside the registration/huji/hukou system with a different document (HK passport/ID instead of China passport/ID). There may be cases where you're more favored, and there may be cases where you're not.
#21
FlyerTalk Evangelist
Join Date: Aug 2009
Location: ZOA, SFO, HKG
Programs: UA 1K 0.9MM, Marriott Gold, HHonors Gold, Hertz PC, SBux Gold, TSA Pre✓
Posts: 13,811
Yes - but it is complicated.
#22
Join Date: Feb 2005
Posts: 7,156
#23
Join Date: Jan 2011
Posts: 2,346
#24
Join Date: Feb 2005
Posts: 7,156
EXCEPTION: British Citizenship acquired by Chinese Nationals in HK through the “British Nationality Selection Scheme” is not recognised by China. That particular group of British Citizens are excluded from British consular protection and assistance whilst in HKSAR and China. In all other cases, entry using the UK passport is necessary.
Last edited by Clipper801; Mar 25, 2012 at 12:38 pm
#25
Join Date: Jan 2011
Posts: 2,346
EXCEPTION: British Citizenship acquired by Chinese Nationals in HK through the “British Nationality Selection Scheme” is not recognised by China. That particular group of British Citizens are excluded from British consular protection and assistance whilst in HKSAR and China. In all other cases, entry using the UK passport is necessary.
A confusing issue all around - just like how it always has been.
#26
FlyerTalk Evangelist
Join Date: Aug 2009
Location: ZOA, SFO, HKG
Programs: UA 1K 0.9MM, Marriott Gold, HHonors Gold, Hertz PC, SBux Gold, TSA Pre✓
Posts: 13,811
So is it not possible to enter China using a British passport (British citizen) if your birth place says "Hong Kong"? And when you say "excluded from British consular protection", this implies that the UK agrees that these citizens are actually not citizens (or at least not treated like one) while in China.
A confusing issue all around - just like how it always has been.
A confusing issue all around - just like how it always has been.
2. If the person is also eligible for a HRP, he or she won't be eligible for consular protection.
#27
Join Date: Feb 2005
Posts: 7,156
So is it not possible to enter China using a British passport (British citizen) if your birth place says "Hong Kong"? And when you say "excluded from British consular protection", this implies that the UK agrees that these citizens are actually not citizens (or at least not treated like one) while in China.
A confusing issue all around - just like how it always has been.
A confusing issue all around - just like how it always has been.
British Citizenship acquired by Chinese Nationals in HK through the “British Nationality Selection Scheme” is not recognised by China.
If you did not acquire the British Citizenship through the "British Nationality Selection Scheme" and entered HKSAR or China with your British passport, you should be entitled to full British consular protection and assistance.
The key is whether you're a Chinese national in HK and obtained your British Citizen status through the "British Nationality Selection Scheme". If you fall into this category, notwithstanding that your UK passport nationality is British Citizen and you enter HKSAR and China with the UK passport, you are not entitled to UK consular protection and assistance whilst in HKSAR and China.
All categories of UK passports are valid for travel to China. Whether the China authority will grant a visa for the particular type of UK passport is an entirely different question. It also begs the question of how the Chinese authority would know how one acquired the "British Citizen" status, whether it was through the "British Nationality Selection Scheme" or not unless the Brits have told them, or those passports have special easily idenitifiable prefix or suffix.
Last edited by Clipper801; Apr 2, 2012 at 6:28 am
#28
Join Date: Feb 2005
Posts: 7,156
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.
Last edited by Clipper801; Apr 2, 2012 at 6:41 am
#29
Join Date: Jun 2004
Location: Hong Kong
Programs: CX MPC
Posts: 592
It also begs the question of how the Chinese authority would know how one acquired the "British Citizen" status, whether it was through the "British Nationality Selection Scheme" or not unless the Brits have told them, or those passports have special easily idenitifiable prefix or suffix.
I also know people who acquired their passports through the British Nationality Selection Scheme who have used these passports to travel to China.
#30
Join Date: May 2006
Location: PMD
Programs: UA*G, NW, AA-G. WR-P, HH-G, IHG-S, ALL. TT-GE.
Posts: 2,911
In practice, these British Citizen passports are indistinguishable from other British Citizen passports. Indeed the Hong Kong Immigration Department publicly admitted this shortly after the 1997 handover when they appealed to holders of such passports not to use them, but publicly admitted they couldn't identify them.
I also know people who acquired their passports through the British Nationality Selection Scheme who have used these passports to travel to China.
I also know people who acquired their passports through the British Nationality Selection Scheme who have used these passports to travel to China.