Concerto

Thanks for all of this. It really is quite complicated and daunting, isn't it? I guess I should write an email as you suggested, and attach scans of my passport and birth certificates. I have both a British and a Hong Kong birth certificate.

londonexpert

percysmith

londonexpert

percysmith

Well if a HKSAR passport holder planning to travel Australia-China or US-China, he'd be best advised to apply for ETA or B-1 on his HKSAR passport.
Netither HKSAR nor Australian passport holders (my other nationality) need visas for Japan but I made absolutely sure I was travelling on my HKSAR passport for HND-PVG-HKG*.

The sticky point is a dual national. The other country of nationality (e.g. Australia for me) will expect the dual national to use its own passport under master nationality rule.

Technically HKSAR resident Chinese citizens have an exception to the no dual nationality rules by Explanations of 15 May 1996 https://www.immd.gov.hk/eng/resident...inese/law.html . So therefore they (incl me) are allowed to have a foreign passport, a HKSAR paasport and a HRP (which you need a HKSAR passport to apply for) all at the same time.
This is in contrast to mixed children cases in the China forum where they may have a foreign passport and Hukou.
However, I'm not betting every single Exit & Entry officer knows the Explanation, or accepts it.

There aren't many circumstances where this is likely to be a problem in the first place cos a lot of PRC airports have electronic gates that read HRPs, two way permits and PRC passports (both entry and exit)
The only circumstances is if a PRC check in agent decides to also check for PRC residency (not really their job),

*The sticky point was the outbound was HKG-TPE-NGO. I would have been in a bit of a sticky wicket if my TPE-NGO IRROPed and I need to enter the ROC - I'm technically prohibited from entering the ROC a Chinese Citizen as I have entered the ROC as an Australian previously (ROC does not have the Explanations and I was deemed to have given up my claim to Chinese Citizenship according to the ROC by having sought entry as an Australian)

londonexpert

percysmith

Well if you are allowed to hold foreign travel documents without having to renounce your Chinese ones means you're permitted to keep the foreign nationality as well?

That has been the practice anyway. The whole intent of the Explanations is to ensure the brain drain that went out and got Canadian/Australian/US passports didn't suddenly become illegal on 1 July 2017 - the CPG wanted to let the brain drain come back and stay.

kaka

i think the bigger problem is, if you have an HRP and a 3rd country passport (say USA), (assuming obviously) you want to use the 3rd passport to go to the USA.

Would you run into crap showing your US Passport to the checkin agent yet exiting Immigration with HRP.

My guess is you'll be fine, but noone knows if the check-in agent is also performing the political censorship process.

it is allowed.... as long as you are using the passport solely as a travel document (and not getting consular protection before you have renounced the chinese citizenship and that they acknowledge so)

kaka

i think now you cannot get one if you were born foreign and naturalized as a HKer. If you're born in HK/Macau then acquired foreign nationality they would turn a blind eye if you dont let them know.

percysmith

If naturalised as a Chinese Citizen, yes https://www.immd.gov.hk/eng/services..._National.html

Only Chinese Citizen HK Permanent Residents are eligible for HRP.

But if you're naturalised (rather than born into Chinese Citizenship), you have to give up foreign nationality despite having HK permanent residency (i.e. Explanations do not apply to you)

kaka

i know many situations they have "overlooked" over the years after the handover. and your link does not exactly represent the exact views of CTS...

garykung

I am late for the party.

Sorry for being picky, but the above statement is not true - Chinese Citizen Macau Permanent Residents are also eligible for HRP as well.

lavedder

I have another question regarding HRP.

My HRP will expire in October 2019. However, I will not be in HKG until Feb 2020. If I wish to get another HRP, will I be applying as a renewal or as a new applicant?

garykung

Renewal. So less documentation is required.

lavedder

Thank you.