[pikotw888]

OK I really would appreciate help here, because I am just spinning in confusion.

I was born in Singapore, My Father is from the United Kingdom, and my mother from Hong Kong.

Therefore I gained British Citzenship and a British Passport after birth, as soon as I registered at the British Embassy in Singapore, 4 days after my birth.

For the first 7 years of my life, my mother followed my father worked as an expatriate, and we lived in Indonesia, and then moved to the United Kingdom and have lived there since.

During this period, my mother being aware that I would lose my entitlement to Permanent Residence in Hong Kong if I did not return a frequently, made sure I visited Hong Kong at least once every year in my life, until I was 18.

When I turned 18, I applied for my first Hong Kong ID card, and after 2 months of Red Tape, and sending photocopies of all my entries and exits to Hong Kong, I was granted a 3 * id card with permanent residence. (Hong Kong Permanent ID Card), because I also have a residence in Hong Kong (My Grandmas House).

After getting my Hong Kong ID card, I applied for a Home Return permit, at the time, a HKSAR Passport was not a requirement, and all you needed was a copy of your mothers Home return permit.

I have had my Home Return Permit now since 2004 and it expires in 2014.

Now here is my problem, I am a Chinese National via my Birth Right, But Also I am British, but because I wasn't born in the HKSAR the immigration department point blank refused my application for a HKSAR passport. On the grounds that I have British Citizenship and don't need the HKSAR Passport.

Being born in Singapore, and taking on British Citizenship 4 days after my Birth was my parents choice and not mine, therefore out of my control, and therefore I still have my chinese national status.

My mother who claimed British Citizenship via Marraige, never naturalised as a UK citizen, and she holds a HKSAR passport and a British Passport.

If i don't get his HKSAR Passport by the time 2014 comes along, then with the new requirement of a HKSAR passport to get a home return permit, i don't know how I will renew it!

I don't think that the immigration department in Hong Kong has advised me correctly.

So please any advice would help!

[PDLM]

The issue of Chinese Nationality with respect to people from or linked to Hong Kong is messy, and full of contradictions and individuals whose situation doesn't seem to match what the law says.

From the Immigration Department website, Article 5 of the Nationality Law of the People's Republic of China says:[1uote] 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.[/quote] You acquired "British Citizenship by Descent" when you were born. This would suggest that you are not a Chinese national.

However, the *** on your HKID card does not indicate that you have Permanent Residence / Right of Abode in Hong Kong; that is indicated by the words "Holder has Right of Abode in Hong Kong" and by the "A" symbol on the front (in "AO" in your case, the "O" indicating that you were born outside Hong Kong). The "***" indicates that you are eligible for a Hong Kong Re-entry Permit. (See FAQ for details of all the symbols.) Now, according again to the Immigration Department website here the fact that you have the *** on your HKID card and are not otherwise without a travel document means that you are a Chinese Citizen.

What is your source for the assertion that you will in future require a HKSAR passport to get your Home Return Permit renewed? I can't immediately find anything on that.

[pikotw888]

You are correct my HKG id card is ***AO, my colleague recently went to get his first Home Return Permit and I went with him to apply in person, at the time he was asked for his HKSAR passport and turned away when he did have one!

Now you understand why i am worried!

[pikotw888]

Does anybody else have any views about how i should handle this?