[Aritaurus]

I know that Chinese law states that a Chinese national that takes on foreign nationality loses their Chinese nationality. Do they automatically revoke your citizenship upon finding out that you're a citizen of another country ? My parents left Hong Kong and acquired Canadian nationality thirty years before coming back to Hong Kong to re-establish their permanent residency status. They hold Permanent Identity Cards with the Right of Abode. I know that having a permanent residency status in Hong Kong does not automatically confer to Chinese citizenship but does that mean that if they send in applications for home return permits and HKSAR passports, their applications will be declined ?

I plan to apply for naturalisation as a Chinese national once I have lived in Hong Kong for seven years and upgrade my status from Right to Land to Right of Abode. Is there a shortcut towards this if the immigration department still considers my parents Chinese nationals having that they have not renounced their Chinese citizenships ? There's quite a lot of abiguity on Chinese citizenship that just puzzles me.

[lybenben]

I can answer your question in two separate threads. The first one will be on RESIDENTIAL STATUS IN HK, the second on CHINESE NATIONALITY LAWS.

(1) RESIDENTIAL STATUS IN HK

1) Such status is SEPARATE from the issue of nationality.
2) e.g. you can be a HK Permanent resident (holding a HK permanent ID card, and the HK Right of Abode), and not be a Chinese citizen (see HK Basic Law Article 24(2)(4),(5),(6))

OR you can be a Chinese citizen while not being eligible for HK permanent residency (unless you satisfy the requirements under HK Basic law Article 24(2)(1)-(3))

3) Thus, if all you want is ROA in HK, and given that you've lived in HK for 7 years,

YOU CAN APPLY FOR PERMANENT RESIDENT STATUS (or "upgrade from Right TO Land to RIGHT OF ABODE") simply under HK Basic Law Article 24(2)(4):
* a non-Chinese national (e.g. Canadian)
* who enters HK with a valid travel document (e.g. Canadian passport)
* and has ordinarily resident in HK for a continous period of not less than 7 years
* and has taken HK as his/her place of permanent residence (e.g. not absent from HK for over 36 months consecutively)

shall be eligible for permanent resident status, or ROA. You need not apply for naturalisation if all you want is ROA in HK

[lybenben]

(2) CHINESE NATIONALITY

Now- whether or not you are a Chinese citizen depends on
* where you were born
* the nationality of your parents at the time of YOUR birth
* (and possibly) the status you have acquired automatically at birth, if you were born outside China (including HK, Macao or Taiwan)
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It appears to me that you were born in Canada (??), after your parents have acquired Canadian nationailty under Canadian law in Canada (???). It also seems that your parents are (at least in ethnic terms- this is one of the factors which grant Chinese nationality) Chinese.
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1) As it appears, your parents might be regarded as HK residents (as they have always had held residential status in HK). Presuming tha they were born in China (including HK, Macao, or Taiwan), they would be regarded as CHINESE CITIZENS by birth.

2) Under Art 9 of the Chinese Nationality Law 1980, any Chinese national who has (i) settled overseas, and (ii) who has been naturalised or acquire foreign nationality out of one's own free will
--> shall AUTOMATICALLY lose Chinese nationality

NOTE:
--> Automatic loss of Chinese nationality only applies in the case where there is acquisition of foreign nationality, coupled with settlement abroad. The acquisition of foreign "nationality"
--> This provision mainly applies to OVERSEAS CHINESE (which normally does not include Chinese citizens who have residential status in HK)

3) If your parents have left HK for such a long time, and still got the HK PIC, it appears that your parents might stilll be Chinese citizens. (BUT- this also depends on the TIME at which they re-applied for HK PIC- i may be able to help you to answer this if more details can be provided)

4) NOTE- your parents have the option of applying for a "declaration of change of nationality" (under Paragraph 5 of the National Congress' Interpretation on the Chinese nationality law when applied in HK). This is in effect to forfeit Chinese nationality. As your parents have been Chinese citizens since birth, they would only lose their Chinese nationality only when they declare their Canadian nationality through the "Declaration of Change of Nationality" Procedure- which involves the submission of a FORm, and signature of a declaration of foreign nationality and a desire NOT to retain Chinese nationality.

5) With respect to YOUR nationality under Chinese law:
From your circumstances as appeared from your thread 9i.e. born in Canada after your parents acquired Canadian citizenship/residential status)

Under Art 5 of the Chinese Nationality Law: (for persons born OUTSIDE CHINA)
* A person born to a Chinese national shall have Chinese nationality
* UNLESS
- one of the parents is a foreign national, OR one of the parents are SETTLED overseas (without necessarily having acquired foreign natoinality)
- AND the person born automatically acquired foreign nationality at birth
--> this person would be non-Chinese/

In your case,
given that your parents have at least SETTLED in Canada (with residential status), and presuming that you gain Canadian citizenship automatically at birth
--> under Chinese law you are NOT a Chinese citizen.

5) Of course, you may apply for naturalisation for Chinese nationality. Your residence in HK, and the fact that your parents are Chinese, should greatly assist your application.

6) NOTE: The above answers were given on the presumption of certain facts (as stated).

[lybenben]

Simple question to your question in the title:
Under Art 9 of the Chinese Nationality Law 1980, any Chinese national who has (i) settled overseas, and (ii) who has been naturalised or acquire foreign nationality out of one's own free will
--> shall AUTOMATICALLY lose Chinese nationality

NOTE:
--> Automatic loss of Chinese nationality only applies in the case where there is acquisition of foreign nationality, coupled with settlement abroad. The acquisition of foreign "nationality"
--> This provision mainly applies to OVERSEAS CHINESE (which normally does not include Chinese citizens who have residential status in HK)

[lybenben]

Apart from the case under Art 9 of the Chinese Nationality Law:

Basically, any other foreign nationality you acquire would NOT be recognised under Chinese law (and might possibly be considered illegal, depending on the circumstances)
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BUT if you come from HK- any foreign nationality acquired (REGARDLESS of HOW it was acquired- settlement, purchase of foreign passport, etc.)
will NOT be automatically recognised (THUS allowing you to retain your Chinese nationality), unless you choose to DECLARE A CHANGE OF NATIONALITY and a desire to forfeit your Chinese nationality TO THE HK IMMIGRATION DEPT