[airay]

If his parents are China passport holders and legally hk residents(not permant residents)?

Thanks!

[carang]

why don't you check out the immigration dept website or give them a call? they are very friendly and will happily answer your questions. why rely on people that you don't know with such an important question?

[airay]

but want to confirm.

[berryplucker]

Then you will have to ask the National People's Congress - they are the only people who can "reinterpret" the Basic Law at will. Unfortunately the good people of Geoexpat don't have that power.

[Roger]

Children of HK Permanent Residents or Chinese Citizens (including Taiwan Citizens) who are born in HK are HK Permanent Residents. If one of the parents is a Chinese Citizen, then the child will be a Chinese Citizen automatically. The Chinese Citizen parent does not have to be a HK resident for the child to qualify. If the child is not a Chinese Citizen, their PR status only lasts until they are 21, and a new application for PR should be made when they have been in HK for seven years.

[airay]

Thank you for your reply

[petrm]

We just went through a very same situation.

Both of us parents are foreign passport holders, although my wife was born in the mainland. We assumed that our child born in HK would automatically receive permanent residency.

Wrong. According to HK Immigration, the child follows the immigration status of his parents. For example, as soon as his parents receive permanent residency, the child also receives PR.

In order to secure PR for our child, we had to go home and come to the birth registry the next day and produce my wife's expired PRC passport. That was a sufficient proof that she was born on the mainland and our child automatically received HK PR.

Who would have thought that expired PRC passport was worth that much???

[airay]

an expired passport can do that much!

[lybenben]

Question:
If his parents are China passport holders and legally hk residents(not permant residents)?
(Baby born in HK)

Answer:
Yes, whether according to the Interpretation by the Standing Committee of the National People's Congress in 1999 [Chinese citizen born in HK would be PR, provided both or one parent(s) legally resident in HK]
OR
according to the judgment of the Court of final Appeal of HK in Chong Fung Yuen (2001)- ALL Chinese citizens born in HK can have ROA.