[lybenben]

Hi Goodman,

Answering your questions:

1) Your parents are both Chinese and were born in Hong Kong; you were also born in Hongkong.
Presumably you were born as a Chinese citizen in Hongkong (according to the Chinese Nationality Law).

Under Art 24(2)(i) of the HKSAR Basic Law, Chinese citizens born in Hongkong are permanent residents of Hongkong, and are therefore entitled to the ROA in HK.

You would remain a HKSAR permanent resident (having ROA), UNLESS you have somehow lost your Chinese nationality. In the case of Hongkong Chinese citizens, you would lose your Chiense citizenship only if you renounce it, or you declare a change of nationality to the HK Immigration Dept.

Otherwise, once you've lost your Chiense nationality, basically you'll lose your ROA if you have left HK for over 36 months continuously. Nontheless, you may retain the RIGHT TO LAND, which is the same as ROA, except that you may be deported if , for instance, you commit a serious offence, and that you won't enjoy the rights and benefits that PRs in HK have (e.g. right to vote).

2) As you have correctly pointed out: persons born in HK do not necessarily have the ROA in HK.
Art 24(2)(i) and (v) provide for the circumstances in which persons born in HK can become PRs-

(i)- Chinese citizens born in HK
(v)- non-Chinese citizens under the age of 21, and who were born to (non-Chinese) parents who were residing lawfully in HK

(for further details, pls see Art 24(2) of the HKSAR Basic Law)

3) If your parents were born in HK, but you were not, whether or not you have automatically gained ROA in HK woud depend on your nationality.

Art 24(2)(iii)- Chinese citizens born of Chinese HK permanent residents-- would have the ROA in HK

Otherwise- if you are NOT a Chinese citizen when you were born- you would NOT be a HK PR. And you might not be entitled to any special status (though it may possibly help in applying for a residence visa)

[GOODMAN]

Hi Lybenben,
Thanks for the reply. Your explanation sounded like as if you work for the HK immigration. When I first tried to understand my eligibility before going back to HK, I was so confused as to what status I belonged to. Being a US citizen and still had the expired Brit. Passport and Calif. Driver’s license, I was able to connect the dots and proved I am whom I claimed I am. But my wife with the same status couldn’t get the HK ID card because when she left HK at 7 years old, she had no minor ID and her birth cert. had different spelling of her Chinese name. Although she also had her full Chinese name on her US passport, she had no Chinese name on her Cal. Driver’s license. The difference between “Bing” (as in ice) vs. “Ping” in her birth Cert. But she replied as my wife and she was granted her ID card.
My last question is, does that mean we both have “ROA” which granted us back the title as Chinese National ; or just the right to stay as a permanent Res. with the ID card. This is sort of important because we do want come back to HK someday to sort of retire during the winter and come back to sunny Calif during the summer. By the way, this website is way cool! Glad to meet you all here

[Pirveebilbao]

The status as chinese national must be verified by the immigration department. they will do it when you try to something like apply for a HKSAR passport. if you are egilible for a passport, then you are a chinese national and a permanent resident. and otherwise your are not a chinese national.

[Pirveebilbao]

and about losing the ROA. If you were once a chinese national with the ROA in HK, and you subsequently lost your chinese nationality and didn't return to hong kong once every 36 month. you still can be egilible for a HK identity card( not a permanent one) on the basis that you will be granted the Right to Land in Hong Kong after you have lost the Right of Abode. But this fact must be proven through with some paperwork.

[GOODMAN]

For the past 15 years, I went back to HK at least every24-30 months. So do you think I am qualified as a Chinese national or just someone meeting the requirement for an ID card ? And what privilige does the HK ID card have to the bearer ?
One more question...
If I come back to HK going through immigration with the HK ID card, not the US passport; would that create a problem when I return to the US ? Or should I have immigration stamped my US passport as well ?

[lybenben]

Hi Goodman,

I'll give you simple answers to your questions:

1) Q: "For the past 15 years, I went back to HK at least every24-30 months. So do you think I am qualified as a Chinese national or just someone meeting the requirement for an ID card ? "

A:
* if you were born in HK, and you are ethnic Chinese- you automatically become a Chinese citizen AND a HONGKONG PR- having the ROA in HK

* You do not lose your Chinese citizenship, unless you make an application to the HK Immigration Dept to "Renounce" your Chinese citizenship, or to declare a change in your nationality. (The HK Immigration Dept is in charge of nationality matters of HK residents)
If you have not done so- that means you are still a Chinese citizen, and thus a HK PR.

* If you have renounced your Chinese citizenship, or declared a change in your nationality (from Chinese to American) TO THE HK IMMIGRATION DEPT, you can still retain your PR status if you have not left HK for over 36 months continuously. From the facts given, you ARE ENTITLED TO PR STATUS (or ROA) in HK, even if you are not a Chinese citizen.

CONCLUSION: YOU ARE A HK PR, whether or not you are a Chinese citizen.

2) Q: "And what privilige does the HK ID card have to the bearer ? "

A:
* The HKID card is an identity document that all persons staying in HK for over 90 days (or 3 months) must hold while in HK.
* If you are not in HK, it is unnecessary for you to get a HK ID card.
* The benefit of having a HK ID card in general (including the PR ID, and the non-PR ID card)- is that you can use this card to prove your identity, as opposed to bringing your passport with you every time when you go out.
* You may also enter and leave HK with your HK ID card only (without any other travel documents)- if your HK ID card has the symbol "***" or "*" or "R" or possibly "A"(these symbols have specific meanings- if you wish, I can explain next time, otherwise this reply will become too long)

3) Q: "If I come back to HK going through immigration with the HK ID card, not the US passport; would that create a problem when I return to the US ? Or should I have immigration stamped my US passport as well ?"

A:
* it's better to check with the US government
* I personally don't think there is any problem with using the HK ID card to enter HK.
* If you enter HK with your HK ID card, the immigration dept will NOT stamp on your US passport, unless you are NOT entitled to enter HK solely with your HK ID card (e.g. your ID card does not have the symbol "***', "*" or "R", or "A")
* Anyway, the fact that you enter HK with your HK ID card, is not in itself conclusive of your nationality status in HK.

[GOODMAN]

Hi Lybenben,
Thanks for the detailed explanation. It’s not a question about where I was born. This is established. Since we had been consistently returning to HK for visits for the past 15 years before “97”, I take it that I can stay in HK indefinitely with my Chinese National status if I so chose; correct ? How come you know so much about the HK immigration laws ? Just curious…..

[lybenben]

Hi Goodman,
It seems to me that you've already got your HK PR status before 1997. And you've been in HK every 24-30 months (until now).

That means you are a HKPR, regardless of whether or not you are a Chinese citizen.

If you do choose to retain your Chinese national status, of course you will always remain a Chinese citizen, even if you haven't been back to HK for, say, over 20 years!

* Thanks for your comment about my knowledge of HK immigration laws. Frankly speaking, I only have some knowledge about the Chinese Nationality Law and ROA in HK.

[JimboJet]

So much to read so wont bother.

You could of got it before 97 but you wont get ROA but Right Of Land. You wont need a visa to work in HK and can only get ROA after 7yrs. This is what happened to my sister when I tried to apply for her. The changes do not allow automatic ROA assignment which is what myself and my brother got b4 97.

J

[orrock]

i got my roa a few months ago and im abc. im over 21 and my parents are australian. i have no stars on my identity card and i cannot leave hk for more than 36 months or roa is cancelled. im australian and have an australian passport.