[protocl]

hi yall..

ive read the past threads about the hk id card scheme...
but come to no conclusion, i can or i cannot get a id card...

my father is a hold of a ROA id card, he has wrote down my name while he was applying for his.
now, i want to get a id card which ever ROA or ROL.
what do they require? ive tried downloading HK's gov. site for pamphlets, but to no avail.
as of now, i live and work in china, im a ABC.
what documents do i need to bring with me to impress the officer that i am my father's son.
do i need to be there in person, could my father set up this application for me?

any suggestions would help, thanks in advance....

[lybenben]

This is NOT an easy question to answer:

1) First of all- were you born before 1 July 1997 (before HK became a SAR of China)?

If yes- then the HK British law (as well as HKSAR law) might have applied to you--

2) If you were born on or after 1 July 1997- the HKSAR laws apply to you.

** IF BORN BEFORE 1 JULY 1997-
1) I presume you were born OUTSIDE HK?? If so, then you would only be qualified for the HK PR status (or ROA) if you had the status of Hong Kong British Dependent Territories Citizen. This might have been attained by descent (i.e. your father/mother was such a "citizen" and thus you could have registered for this status as well).
2) If you did register for that status- that means you were a HK PR before 1 Juy 1997.
3) As to whether you can remain a HK PR after 1 July 1997, it depends upon a number of factors:
** If you are a Chinese citizen (or you have Chinese nationality)-- you definitely are HK PR (unless you subsequently renounced your Chinese nationality, and have left HK for over 36 months, more explanation below)
** if you are NOT a Chinese citizen (or you don't have Chinese nationality)- you can only remain a HK PR if you have not been absent for over 36 months from HK continuously, or if you have returned to HK before 31 Dec 1998 (and have not subsequently been absent from HK for over 36 months continously)

** If you were born outside HK-
1) The only way through which you may gain HK PR status automatically after birth (without residence in HK) is--
you were a Chinese citizen born of parents, at least one of whom was Chinese citizen who was either born in HK or had resided in HK for a continous period of 7 years or above (AT THE TIME OF YOUR BIRTH)
(Article 24(2)(3), HK Basic Law)

2) Otherwise- the only way to become HK PR would be- entering HK with a valid travel document, residing in HK for a continous period of 7 years or above, and have HK as your place of permanent residence.
(Article 24(2)(4), HK Basic Law)
http://www.immd.gov.hk/ehtml/topical_3_7.htm


**** CHINESE CITIZNESHIP/NATIONALITY
Note the following provisions of the Chinese naitonality law:

Article 4
Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality.

Article 5
Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.

** CHINESE NATIONALITY FOR HK RESIDENTS:
Also note the following provisions from the Explanations on the Chinese Nationality Law:

4. Chinese nationals of the Hong Kong Special Administrative Region with right of abode in foreign countries may, for the purpose of travelling to other countries and territories, use the relevant documents issued by the foreign governments. However, they will not be entitled to consular protection in the Hong Kong Special Administrative Region and other parts of the People's Republic of China on account of their holding the above mentioned documents.

5. If there is a change in the nationality of a Chinese national of the Hong Kong Special Administrative Region, he may, with valid documents in support, make a declaration at the authority of the Hong Kong Special Administrative Region responsible for nationality applications.

******** RTL- you only have this if you previously had ROA, and you have subsequently lost your ROA.
You can only lose your ROA if you are a non-Chinese HK PR (and you have the right of abode of another country, e.g. citizenship in the USA/Australia, etc), and you have left HK for over 36 months continously.

**** For more information on ROA, you may visit the Immigration Dept's website at:
http://www.immd.gov.hk/ehtml/topical_3.htm

** You may also like to apply for verification of your eligibility for HK PR-
http://www.immd.gov.hk/ehtml/hksarvepid.htm

[protocl]

thanks for your detailed explaination.

my father just came back from speaking with the officer..
the officer mentioned, since my mother being of korean descent, i have little chance of obtaining a hk id card.
the officer said the only good chance to get one is to be hired from a hk company or a hk citizen owned company...

is this true? i mean, im not saying im doubting the officer, but since atleast one of my parents are hk people, this should include me, not make my chance slimmer..

i understand the difference of basic law, before and after the 1997 issue.

[PDLM]

Were your parents married? If not then I'm afraid your father's nationality counts for very little.