I'm aiming this at the few people on PA who really know their stuff... ralph comes to mind. I've been wondering about getting a dual citizenship with hong kong for a while. My mom was born in HK and emigrated to Canada when she was 14 or so. She's been in Canada for like almost 40 years so she would be a naturalized resident I suspect... she does hold a Canadian passport. I was born in Canada. Is it possible for me to apply for a dual citizenship based purely on the fact my mother was born in Hong Kong? The reason I ask is I'd like to find work with a company which does business in both HK and Canada and a hong kong citizenship might be a nice asset. I know that although HK is part of the PRC it is still a special economic region, meaning it is subject to its own em/immigration laws. I've read up a little bit on this and it would appear that the PRC does not allow for dual citizenship, however, to my knowledge HK still allows for this... unless I am mistaken.
I was born and live outside HK, but I was able to obtain a HK Permanent Identity Card, i.e., the right of abode in HK, because my father was born in HK, I guess. So I think you might apply for a HKPIC since you have a connection to HK.
Hong Kong is NOT a Special Economic Zone (SEZ); it is a Special Administrative Region (SAR). The People's Republic of China has several SEZs, much of which were allowed advantageous investment incentives to spur economic development and growth. This was evident over the last generation and mostly along the Chinese coast. These areas remained under Chinese administration despite their special business oriented, export and investment rules. The two SARs (Hong Kong, Macau) on the other hand, were unique in that they were regions that were returned to the PRC following long periods of foreign administration. In order to ease their return to Chinese sovereignty, it was agreed by all parties to allow a transitional period of self administration, with allowance for a high degree of autonomy to last for a half century. The SAR is a considered a provincial equivalent and was originally formulated as one planned methodology for the eventual return of Taiwan to the PRC. Hong Kong's Special Administrative Region status is due to expire in 2047. That said, Myer is right. His status is somewhat similar to the US Resident Alien, where an foreign national (not a US citizen) nonetheless has the right to live and work in the US. In HK's case, it is referred to as the Right of Abode. See this site for additional info: http://www.immd.gov.hk/ehtml/topical_3.htm In the section listed for NON Hong Kong persons who are also NOT Chinese citizens: NB, the link to "Part 4" listed above is very important, as it delineates exactly what one who is not a Chinese citizen, must do to qualify for the ROA. Good luck! Addendum: I just reread your question, and I think I found a narrow point of law, but one that bears clarification. The Right of Abode in Hong Kong does NOT imply citizenship. ROA simply means that you have the legal right to live in Hong Kong. You won't be granted Hong Kong citizenship because there is no such thing, as Hong Kong is not a country. It may be a Special Administrative Region, but it remains under the sovereignty of the PRC. Its people are considered Chinese nationals. So again, dual citizenship per se, is a non starter.
ralph, I must say your posts are probably the most sophisticated ones in this forum! I myself was too lazy to write about HK's system of "citizenship"... ^^
HA! I don't think my responses are sophisticated as much as they're long winded, but I do try to get to the bottom of an issue so that another reader will understand what is genuinely at stake. At any rate, I used to consider US immigration rules complicated (I had to "import" a wife many years ago, LOL...), but not no more. The depth and complexity of HK's rules makes the US version seem childishly simple by comparison.
reading through part 4 it would seem I don't qualify... I was not born in HK which seems like an important part of applying for ROA. Also, I dont intend to reside in HK for a period of more than 7 years lol This seems to contradict Myer's situation where he was able to obtain a permanent identity card :S Maybe i'm just missing something though, i'll re-read it tomorrow, i suppose 3 AM is not the best time to be reviewing immigration info. Myer, if you know a bit more about how you obtained your HKPIC i'd love to know. One other reason i'm wondering is I'm going to be looking at grad school options for an MBA in the next 6 months or so and HKU might be a very exciting place to pursue a masters.
this flow chart makes things a little more straightforward... I can't see any way i could apply for ROA under this though... I definitely wasn't a chinese citizen at birth
I fear you are right. Did you get Canadian citizenship at birth? I think I was a British Dependent Territories Citizen at my birth, which made me a "Chinese National" under the Chinese Nationality Law. To me, this all sounds funny...
The area of immigration law with regards to China is rather complex. Over the last century and a half, from the nascent beginnings by Qing administrators to delineate just who was considered a "guomin" or citizen of China, to the Special Administration Regions in the PRC today, the road was fraught with not just nationalist sentiment, but complicated political considerations as well. Similarly, the US too, had a long history of convoluted citizenship rules in relation to many US present and former territorial claims. Puerto Rico, Virgin Islands, Guam, American Samoa, Swains Island, Canal Zone, Philippine Islands; former US Trust Territories of Micronesia, The Marshall Islands, Palau, and the Northern Marianas; all had, at some point in history, the allure of being a part of the United States. So too, with the "sun never sets..." on their empire, did the British have to define their just what is their contemporary interpretation of Jus Soli (ie. rights of the soil, or citizenship by place of birth). Modern Chinese interpretation does not rely solely on Jus Soli, but additionally on Jus Sanguinis (ie. rights of blood, or citizenship by the blood of parents), too. China's position rests primarily on its political considerations and territorial claim. For example, all ethic Tibetans and Taiwanese are considered Chinese citizens at birth; however, children born (even within China's borders) of liaisons between North Korean illegal immigrant women and Chinese men, are not. Hence, in the case of the political need, neither Jus Soli nor Jus Sanguinis would qualify these children as Chinese citizens. Other nations may also use a blend of the two methods, depending on their own political and cultural needs. ***Sidebar*** An interesting case way back in 1898, when the US Supreme Court ruled in the case of United States v Wong Kim Ark, was what defined US immigration policy as being mainly Jus Soli (and not Jus Sanguinis) for the next century. It is under this ruling that Mexican cross border births can claim US citizenship today. Obviously, there has been a significant amount of pressure building to reverse that decision in light of modern political need; time will tell.
Yeah after reading more into this, i feel 99% certain I don't qualify. Your little essay on immigration in China is pretty interesting Ralph. If China's immigration laws focused only on blood relation I suppose qualifying would be simpler, however it looks like I needed to have been born on Chinese or HK soil. Myer's situation makes it sound like he was born under fairly unique circumstance. About your sidenote, I've actually read about how Mexican women will rush the border in areas like San Diego in order to give birth on American soil. -clapclap
