garykung

You are correct that BN(O) is not eligible per se.

However, if you are a British Citizen, you are eligible to renounce your Chinese (HKSAR) citizenship. This applies to all methods, not just through BNSS. What that FAQ means you can't claim you are a non-Chinese simply because you are a British citizen.

kamchatsky

I think it is more of the cost than anything else. At the moment I only use my Australian passport to travel everywhere except HK and China where I use my HKID and the Home Return Permit. I haven't used my HKSAR passport yet, even though I will keep maintain it because I need to renew my Home Return Permit.

So given BNO is so much more expensive (I never used it also), I am still thinking whether to renew it anyway, as at the moment I cannot see any places where I can get Visa free entry on BNO, but not on my Australian or HKSAR Passports.

Clipper801

Does the consular agreement between Australia and China afford Australian consular assistance and protection if one enters China on an Australian passport instead of a Home Return Permit?

Clipper801

Not having to pay the US$100 reciprocal fee applicable to all Australians on arrival at an Argentina airport may be a good reason to renew the BN(O).

Australians and Canadians are required to pay a reciprocal fee on arrival, not BN(O).

:D!

Even if you were able to enter the PRC on an Australian passport and were not denied a visa because they know you have an HRP, this does not stop you from being a PRC citizen (which you declared yourself to be when applying for your HKSAR passport).

You cannot "suspend" your PRC citizenship just by entering the mainland on a foreign passport. On the other hand, Australia will not refuse you consular assistance as it will always regard you as an Australian, but they might be limited in their access to you and what they can do.

If you are truly in a situation where you need Australia to help you out, then there will be wider political considerations. If you have really pissed off the CCP you will probably end up renouncing your Australian citizenship on TV.

percysmith

Agree with ! in that PRC can assert you're a Chinese national even tho you were admitted as an Australian passport in the first instance.

Clipper801

My question is directed at someone who is of Chinese race born in H.K., never holds a Home Return Permit or HKSAR passport, declared his nationality as Australian on his HKID card, when entering China with his Australian passport, will he be entitled to Australian consular assistance and protection whilst in China?

It is understood without question for those who chose to apply for a Home Return Permit (which by their own action have self-declared to be a Chinese National) and have therefore voluntarily forfeited their right and entitlement to Australian consular protection and assistance. I respect that this is a personal choice and in my opinion, not a very smart choice.

garykung

Mostly no.

First, you have to understand that the acquisition of a nationality can be voluntary and involuntary. While voluntary acquisition usually require some sort of processes, involuntary acquisition usually takes no action (Note - getting a passport has nothing to do with the acquisition itself).

Having that in mind - Chinese (HKSAR) citizenship is usually acquired involuntary because of the takeover in 1997. Simply because a person has never obtained a Home Return Permit or HKSAR Passport does not mean the person is not a Chinese (HKSAR) citizen.

Then, a person's eligibility of consular protection will rest on if the person has done (or not done) anything from preventing the protection. In this case - the renouncing of Chinese (HKSAR) citizenship.

Regardless what nationality is claimed, as soon as the person does not formally renounce from being a Chinese (HKSAR) citizen, that person will always a Chinese (HKSAR) citizen and will not eligible for protection in the Mainland, even the person used a visa.

tentseller

First: there is no such thing as dual citizenship in PRC.

​​Your birth and HKID after 1997 is a declaration of Status as Chinese National. It is in the HKIS laws and regulations page. That is more reinforced by your action of voluntarily applying for a HK,SAR passport and a HOME Return Permit.

Entering China with an AUS passport and China visa (assuming that you can get one) will not be of any help as China will tell the AUS consulate to bugger off since they are dealing with a Chinese National.

In Canada and I have heard in the US as well they are issuing travel permits to applicants with Canada or US passport with birthplace as Hong Kong. This is an entry permit to a Chinese National without a Chinese travel document and is not a visa.

IMHO if it comes down to seeking consular protection you have bigger issues to deal with.
​

tentseller

I am not aware of any provision for people with HK birthplace to declare a different nationality on their HK residency with HKIS.
If you renounce your Chinese National status you lose your HK residency and need to stay under a work permit for seven continuous years before eligible to apply as a resident without right of abode, only with the right to stay and work or conduct business.

tentseller

If it is the same or similar to the Canadian one then yes.

However this only applies to travellers with no ties to HK, holder passport or HRP.

Since 2015 the Consulate in Canada has been only issuing travel permits for Canadian passport holders born in HK unless they have had a previous visa.
I heard it is the same case for the US applicants.

Nobody knows how this travel permit will work under the agreement.

Clipper801

Yes, you do for the current version of HKID card. It's self declared. One is not required to show any proof. You may declare that you are Canadian, Australian, American, etc. Not sure about the new one that they will start bringing out next year and all existing cardholders are compelled to exchange.

tentseller

Um, wonder what changing your nationality/citizenship on the HKID does to your right of Abode or you will be limited to the right to stay and work?
What about HKIS record?

HkCaGu

I want to ask, if anyone here or knows someone who's residing in HK gave up their Chinese nationality. The ROA is supposedly taken away, but the right to enter (even for education and employment) is generally unimpeded. But if you are already residing and has been for the past 7 years, does the clock reset or are you immediately requalified for the ROA?

For those not residing HK, for sure if you are vacationing in HK long enough (or go there frequent enough) to finish the process, you are definitely lose your ROA hence the HKID. You'll regain it by returning to reside for 7 years.

garykung

The ROA will not be taken away simply because of the renunciation.

Instead, you will be subject to the 36-month requirement. And then you will lose the ROA once you fail to abide the 36-month requirement.