[ABC in SF]

Hi,

I am hoping to move to Hong Kong within the next year but have a couple of questions regarding ROA. I understand that if my parents were HK residents at the time of my birth, then I do. Does the law specific between HK resident and Chinese resident?

Here is my scenario:
Dad born in China, mom born in Hong Kong. Dad was petitioned to go to Canada from his grandfather. One year later, he goes to US on student VISA and couple years after that US citizen. He holds (to the best of his knowledge) no legal documents other than his US passport. My mother immigrated here and obtained her US citizenship soon after. All this was done before I was born. If my mom is currently applying for her SmartID card and the papers will be finalized in 2 months.

Question:
Can I obtain a ROA using my mom's smartID card and any additional documentation she may have? or does the law specify I need documents from both parents?

Thanks in advance for answers and suggetions.

[nivantj]

Have a look at 'Still a British HK Belonger?' at the bottom of this page.......

[Pirveebilbao]

it is very important to know if you were born in the USA to parents with US nationality. or parents with HK( british colonial documents like BDTC, BN(O) enz.) because at this point. they will not be able to pass on their chinese nationality to you. and for some schedules of the IMMD ordinance, it is important to know if you have chinese nationality.

[lybenben]

Short answer

1) Whether you can get HKPIC (PR ID card) depends on whether you are a PR in Hong kong
2) Since you were born OUTSIDE Hongkong, and presumably you haven't lived in Hongkong,
thje only way through which you can gain HKPR status at present is as follows:

That you were born, as a CHINESE CITIZEN, to parents, one of whom was, at the time of your birth, a Chinese HK PR.
If
(1) you were born outside CHina (including HK), and
(2) one of your parents was a foreign citizen or settled in that foreign country in which you were born, and
(3) you automatically acquired the nationality of the country in which you were born, at the time of your birth

--> then you are not a chinese citizen (see Nationality Law of the PEople's Republic of CHina).

THis means at present, you're not HK PR.

As to your question "Does the law specific between HK resident and Chinese resident?", please specify what you mean by these two "resident" categories/concepts.