[STB]

Hi,

This is my first post, and I would like to address these questions to the resident experts here:

I was born in HK, 1969.
Both my parents are from China.
I moved to the Philippines, 1975.

My father acquired Filipino Citizenship through Naturalization 1982
As a minor in 1984, I acquired Filipino Citizenship through my father.
I hold a Filipino Passport from 1988 to present.
My mother was a Chinese Citizen.


I hold the following documents.

1. Original HK British Birth Certificate
2. Original HK British passport issued in 1975, expired 1983.
3. My mother's Chinese Passport

Am I eligible to apply for a HK Permanent Resident ID?
Am I eligible to apply for a British National (Overseas) or HKSAR Passport?

I ask these questions because it is easier to travel with a BN(O)/HKSAR Passport than my Filipino Passport.

Your opinions will be much appreciated.

[prettynvain]

GovHK: Eligibility for HKSAR Passport

based on that link above:

You are regarded as a person of Chinese nationality if you are a Hong Kong resident:

(a) of Chinese descent who was born in Hong Kong or other parts of China; or

(b) who fulfils the criteria of Chinese nationality in the Nationality Law of the People's Republic of China.

If you have declared a change of nationality and are no longer a Chinese national, you are not eligible for a HKSAR Passport.


but i guess, you're already a filipino citizen, right? if that so, you cannot apply for a hkid, and of course, hk passport.

[Aritaurus]

Originally Posted by STB

Hi,

This is my first post, and I would like to address these questions to the resident experts here:

I was born in HK, 1969.
Both my parents are from China.
I moved to the Philippines, 1975.

My father acquired Filipino Citizenship through Naturalization 1982
As a minor in 1984, I acquired Filipino Citizenship through my father.
I hold a Filipino Passport from 1988 to present.
My mother was a Chinese Citizen.


I hold the following documents.

1. Original HK British Birth Certificate
2. Original HK British passport issued in 1975, expired 1983.
3. My mother's Chinese Passport

Am I eligible to apply for a HK Permanent Resident ID?
Am I eligible to apply for a British National (Overseas) or HKSAR Passport?

I ask these questions because it is easier to travel with a BN(O)/HKSAR Passport than my Filipino Passport.

Your opinions will be much appreciated.

I think you should be eligible for a Hong Kong permanent identity card and a HKSAR passport but not a BN(O) passport. You should be able to obtain the HKSAR passport because you were born in Hong Kong to Chinese citizens at the time you were born. As for BN(O), you have to apply to retain British nationality before 1997 to be registered as a BN(O).

Your birth certificate and your passport should be enough to establish your Chinese citizenship and Hong Kong permanent residence. The HKSAR passport entitles the bearer to visa-free travel to over 130 countries so it should be much better compared to the BN(O) let alone a Philipines passport.

I'm not sure about how the nationality law of the Philipines works but if your father renounced your British Dependent Territory Citizenship when you were a minor in order to obtain the Philipines citizenship, you may not be eligible for the HKSAR passport either. If your father never renounced your previous citizenship , you should be ok.

I would contact the IMMD to make sure this is right.

[Aritaurus]

Originally Posted by prettynvain

but i guess, you're already a filipino citizen, right? if that so, you cannot apply for a hkid, and of course, hk passport.

He should still be considered a Chinese citizen as long he never made a declaration of nationality change to the Hong Kong immigration authorities. The PRC does not recognise dual citizenship but does allow Hong Kong Chinese residents with dual citizenship to use their foreign passports as travel documents only. If he gets arrested in Hong Kong, China or Macau the Philipines will not be able to offer him consular support since he is a Chinese citizen.

[STB]

Originally Posted by prettynvain

but i guess, you're already a filipino citizen, right? if that so, you cannot apply for a hkid, and of course, hk passport.

Yes, I'm a naturalized Filipino citizen since 1984.

I just wouldn't want to waste my time and money applying for a HKSAR passport when it is not possible to begin with.

[STB]

Originally Posted by Aritaurus

I'm not sure about how the nationality law of the Philipines works but if your father renounced your British Dependent Territory Citizenship when you were a minor in order to obtain the Philipines citizenship, you may not be eligible for the HKSAR passport either. If your father never renounced your previous citizenship , you should be ok.

I would contact the IMMD to make sure this is right.

I believe my father DID renounced his former CHINESE citizenship (he was never a BDTC), when he was naturalized back in 80s. However, my mother RETAINED her CHINESE citizenship. I still have my mother's Chinese passport (which expired last year...btw, both my parents are now deceased).

I will check with HK immigration before travelling to HK, but only after I get some more opinions from you guys here.

Oh...one more thing. I am of Chinese descent.

[Elfin safety]

It shouldn't matter about your father's status, as you are not claiming by virtue of descent. You should be eligible by virtue of your birth in HK as a person of Chinese ethnicity.

As long as you don't formally declare foreign citizenship you will be regarded by the authorities as a Chinese citizen, and your Filipino passport as being a mere travel document only.

i.e. You should be no different to the many thousands of HK Chinese who hold foreign citizenship (most commonly US, Canadian, Aus or UK) through settlement abroad and then returned, and remain entitled to ***HKPIC, HKSAR passport and the Home Return Permit.

[Aritaurus]

Originally Posted by STB

I believe my father DID renounced his former CHINESE citizenship (he was never a BDTC), when he was naturalized back in 80s. However, my mother RETAINED her CHINESE citizenship. I still have my mother's Chinese passport (which expired last year...btw, both my parents are now deceased).

I will check with HK immigration before travelling to HK, but only after I get some more opinions from you guys here.

Oh...one more thing. I am of Chinese descent.

Even if your father renounced his Chinese nationality, it should not affect yours as long he never renounced it on your behalf when you were still a minor. You were born in Hong Kong to Chinese nationals so you're a citizen of the PRC and a permanent resident of Hong Kong. This entitles you to an HKPIC and a HKSAR passport.

I know people who were born in Hong Kong to parents of Chinese descent and moved to Canada when they were really young. They still hold HKPICs and HKSAR or BN(O) along with their Canadian passports today.

[STB]

Thank you for your responses.

I did a little research on this matter and found the following:

Nationality Law of the People's Republic of China
The Government of the Hong Kong Special Administrative Region - Immigration Department

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.

Both my parents were Chinese nationals at the time of my birth, 1969.
My father became a naturalized Filipino 1982.
My mother retained her Chinese Citizenship.

Article 9:
Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.

I acquired Filipino citizenship, because I am a minor and legitimate child of a Naturalized Filipino Citizen. I don't think I acquired my Filipino citizenship of my own free will (thought I still wish to retain it after getting a HKSAR passport). The process was automatic as stated in this Philippine law:

COMMONWEALTH ACT NO. 473 - Revised Naturalization Law
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY

Sec. 15. Effect of the naturalization on wife and children.-Any woman who is now or may hereafter be married to a citizen of the Philippines, and who might herself be lawfully naturalized shall be deemed a citizen of the Philippines.

Minor children of persons naturalized under this law who have been born in the Philippines shall be considered citizens thereof.

A foreign-born minor child, if dwelling in the Philippines at the time of the naturalization of the parent, shall automatically become a Philippine citizen, and a foreign-born minor child, who is not in the Philippines at the time the parent is naturalized, shall be deemed a Philippine citizen only during his minority, unless he begins to reside permanently in the Philippines when still a minor, in which case, he will continue to be a Philippine citizen even after becoming of age.

I don't remember taking any oath of allegiance of any sort when I was a minor.

Note that the Philippine nationality law is currently based upon the principles of “jus sanguinis” (right of blood) and therefore descent from a parent who is a citizen/national of the Republic of the Philippines is the primary method of acquiring Philippine citizenship.

Please feel free to comment on my ineligiblity, based on these findings.

[wtbhotia]

get a SAR passport, cheaper and better than a BNO, SAR passport holders can travel freely in europe where as BNO have to apply for each country visa.

SAR cost below HK500
BNO cost more than HK1500