Renunciation of Chinese Nationality

Renunciation of
Chinese Nationality
Nationality Law of
the People’s Republic of China
A Guide for Applicants
Immigration Department
Hong Kong Special Administrative Region
ID877A (6/2014)
This guide and the application form are issued free of charge for
Chinese nationals who wish to renounce their Chinese nationality.
This guide will help you to decide whether you can renounce your
Chinese nationality and tells you how to do it.
If you require more information, please contact :
Information and Liaison Section,
Immigration Department,
2nd Floor, Immigration Tower,
7 Gloucester Road,
Wan Chai, Hong Kong.
Tel : 2824 6111
Fax : 2877 7711
E-mail: [email protected]
Website: http://www.immd.gov.hk/
What
What this
this guide
guide contains
contains
1.1.
Explains
Explainswho
whocan
canrenounce
renounceChinese
Chinesenationality
nationality
Page
Page2-3
2-3
2.2.
Tells
Tellsyou
youhow
howto
todo
doitit
Page
Page4-6
4-6
3.3.
Tells
Tellsyou
youwhat
whathappens
happensafterwards
afterwards
Page
Page77
4.4.
Tells
Tells you
you the
the consequence
consequence of
of renunciation
renunciation of
of Chinese
Chinese
nationality
nationalityin
inrelation
relationto
tothe
theright
rightof
ofabode
abodein
inHong
HongKong
Kong
Page
Page8-9
8-9
Appendix
Appendix11
Nationality
NationalityLaw
Lawof
ofthe
thePeople’s
People’sRepublic
Republicof
ofChina
China
Page
Page10-12
10-12
Appendix
Appendix22
Explanations
Explanations of
of some
some questions
questions by
by the
the Standing
Standing
Committee
Committee of
of the
the National
National People’s
People’s Congress
Congress
concerning
concerning the
the implementation
implementation of
of the
the Nationality
Nationality
Law
Law of
of the
the People’s
People’s Republic
Republic of
of China
China in
in the
the Hong
Hong
Kong
KongSpecial
SpecialAdministrative
AdministrativeRegion
Region
Page
Page13-14
13-14
Appendix
Appendix33
Statement
Statementof
ofpurpose
purposefor
fordata
datacollection
collection
Page
Page15-16
15-16
11
1.
1.
Who
Who can
can renounce
renounce Chinese
Chinese nationality?
nationality?
The
The requirements
requirements laid
laid down
down in
in Articles
Articles 10,
10, 11
11 and
and 12
12 of
of the
the
Nationality
Nationality Law
Law of
of the
the People’s
People’s Republic
Republic of
of China
China are
are as
as
follows
:follows :Article
Article 10
10
Chinese
Chinese nationals
nationals who
who meet
meet one
one of
of the
the following
following conditions
conditions
may
may renounce
renounce Chinese
Chinese nationality
nationality upon
upon approval
approval of
of their
their
applications
:
applications :
(i)
(i)
(ii)
(ii)
(iii)
(iii)
they
they are
are near
near relatives
relatives of
of foreign
foreign nationals;
nationals;
they
they have
have settled
settled abroad;
abroad; or
or
they
they have
have other
other legitimate
legitimate reasons.
reasons.
Article
Article 11
11
Any
Any person
person who
who applies
applies for
for renunciation
renunciation of
of Chinese
Chinese
nationality
nationality shall
shall lose
lose Chinese
Chinese nationality
nationality upon
upon approval
approval of
of
his
his application.
application.
Article
Article 12
12
State
State functionaries
functionaries and
and military
military personnel
personnel on
on active
active service
service
shall
shall not
not renounce
renounce Chinese
Chinese nationality.
nationality.
(Appendices
(Appendices 11 and
and 22 show
show you
you the
the text
text of
of the
the Nationality
Nationality Law
Law
of
of the
the People’s
People’s Republic
Republic of
of China
China and
and the
the “Explanations
“Explanations of
of
some
some questions
questions by
by the
the Standing
Standing Committee
Committee of
of the
the National
National
People’s
People’s Congress
Congress concerning
concerning the
the implementation
implementation of
of the
the
Nationality
Nationality Law
Law of
of the
the People’s
People’s Republic
Republic of
of China
China in
in the
the
HKSAR”.)
HKSAR”.)
22
IfIf you
you are
are aa Chinese
Chinese national,
national, you
you can
can renounce
renounce your
your Chinese
Chinese
nationality
if
nationality if
z
z
you
you are
are aa Hong
Hong Kong
Kong resident
resident or
or were
were aa Hong
Hong Kong
Kong
resident
immediately
before
you
emigrated
resident immediately before you emigrated to
to another
another
country;
country; and
and
z
z
you
you are
are of
of sound
sound mind;
mind; and
and
z
z
you
you are
are the
the spouse
spouse or
or child
child of
of aa foreign
foreign national
national and
and are
are
required
under
the
law
of
that
country
to
renounce
your
required under the law of that country to renounce your
Chinese
Chinese nationality
nationality before
before you
you can
can naturalize
naturalize as
as aa national
national
of
that
country;
or
of that country; or
you
you have
have emigrated
emigrated to
to and
and settled
settled in
in another
another country
country and
and
are
are required
required by
by law
law of
of that
that country
country to
to renounce
renounce your
your
Chinese
Chinese nationality
nationality before
before you
you can
can naturalize
naturalize as
as aa national
national
of
that
country;
or
of that country; or
you
you have
have been
been adopted
adopted by
by aa foreign
foreign national
national and
and are
are
required
under
the
law
of
your
adoptive
parent’s
country
required under the law of your adoptive parent’s country
to
to renounce
renounce your
your Chinese
Chinese nationality
nationality before
before you
you can
can
naturalize
as
a
national
of
that
country.
naturalize as a national of that country.
Your
Your application
application may
may also
also be
be considered
considered ifif you
you have
have other
other
legitimate
reasons.
legitimate reasons.
Important
Important Note
Note ::
IfIf you
you are
are required
required to
to give
give up
up your
your Chinese
Chinese nationality
nationality before
before
you
can
acquire
a
foreign
nationality,
you
should
apply
you can acquire a foreign nationality, you should apply for
for
renunciation
renunciation of
of Chinese
Chinese nationality.
nationality. IfIf you
you have
have already
already
acquired
acquired aa foreign
foreign nationality
nationality with
with right
right of
of abode
abode in
in that
that
foreign
foreign country
country and
and you
you wish
wish to
to be
be treated
treated as
as aa national
national of
of that
that
country
in
the
HKSAR,
you
should
make
a
declaration
country in the HKSAR, you should make a declaration of
of
change
change of
of nationality
nationality to
to the
the HKSAR
HKSAR Immigration
Immigration Department.
Department.
Complete
Complete Form
Form ID869
ID869 or
or ID870
ID870 as
as appropriate.
appropriate.
33
2.2. How
Howto
torenounce
renounceChinese
Chinesenationality?
nationality?
Filling
Fillingin
inthe
theform
form
You
You can
can apply
apply toto renounce
renounce your
your Chinese
Chinese nationality
nationality by
by
completing
Form
ID877.
completing Form ID877.
The
The application
application form
form may
may be
be completed
completed inin either
either Chinese
Chinese or
or
English,
English,but
butmust
mustbe
beininblack
blackor
orblue
blueink.
ink.
All
Allparts
partsof
ofthe
theform
formshould
shouldbe
becompleted.
completed.Item(s)
Item(s)which
whichis(are)
is(are)
not
applicable
should
be
crossed
out
and
signed
by
the
person
not applicable should be crossed out and signed by the person
making
makingthe
thedeclaration.
declaration.
Sign
Sign and
and date
date the
the declaration
declaration of
of your
your application.
application. The
The
application
application will
will be
be invalid
invalid ifif the
the declaration
declaration part
part isis not
not
completed.
completed.
IfIfyou
youare
areunable
unabletotosign,
sign,please
pleaseimpress
impressyour
yourleft
leftthumbprint.
thumbprint.
The
Thedeclaration
declarationatatPart
Part55has
hastotobe
bemade
madeby
byyour
yourparent
parentor
orlegal
legal
guardian
guardianififyou
youare
areaged
agedunder
under18.
18.
Before
Before completing
completing the
the application
application form,
form, you
you are
are advised
advised toto
note
note the
the statement
statement of
of purpose
purpose for
for data
data collection
collection printed
printed atat
Appendix
Appendix3.3.
Documents
Documentsin
insupport
supportof
ofthe
theapplication
application
You
Youshould
shouldsubmit
submityour
yourapplication
applicationtogether
togetherwith
withthe
thefollowing
following
documents
documentsand
andphotocopies:
photocopies:
(a)
(a) proof
proofof
ofyour
youridentity
identityand
andChinese
Chinesenationality
nationality
Hong
HongKong
Kongidentity
identitycard
card
all
allpassports
passportsand
andtravel
traveldocuments
documents
birth
birthor
ornaturalization
naturalizationcertificate
certificate
44
(b)
(b) proof
proofof
ofaaforeign
foreignnationality
nationalityyou
youare
areabout
abouttotoacquire
acquire
aa letter
letter from
from the
the competent
competent authorities
authorities of
of the
the country
country
concerned
concerned confirming
confirming that
that nationality
nationality of
of that
that country
country will
will
be
granted
to
you
after
you
have
renounced
Chinese
be granted to you after you have renounced Chinese
nationality
nationality
(c)
(c) proof
proof toto support
support that
that you
you have
have other
other legitimate
legitimate reasons
reasons toto
renounce
your
Chinese
nationality
renounce your Chinese nationality
(d)
(d) proof
proof of
of your
your relationship
relationship with
with your
your parent/legal
parent/legal guardian
guardian
who
submits
the
application
if
you
are
who submits the application if you areunder
underthe
theage
ageof
of18,
18,
e.g.:
e.g.:
your
yourbirth
birthcertificate
certificate
your
yourparents’
parents’marriage
marriagecertificate
certificate
aa court
court order
order granting
granting guardianship
guardianship (if
(if the
the application
application isis
made
by
your
legal
guardian)
made by your legal guardian)
Where
Whereto
tosubmit
submityour
yourapplication
application
You
You may
may submit
submit the
the application
application form
form with
with the
the fee
fee and
and
supporting
supportingdocuments
documentsininperson
personor
orby
bypost
posttoto: :
Nationality
NationalitySub-section
Sub-section
Immigration
ImmigrationDepartment
Department
4th
4thFloor
Floor
Immigration
ImmigrationTower
Tower
77Gloucester
GloucesterRoad
Road
Wan
WanChai,
Chai,Hong
HongKong
Kong
(Original
sent by
by post.
post. Only
Only
(Original documents
documents should
should not
not be
be sent
photocopies
photocopies of
of supporting
supporting documents
documents should
should be
be sent
sent with
with the
the
application
by
post.
Original
documents
will
be
inspected
at
the
application by post. Original documents will be inspected at the
time
timeof
ofinterview.)
interview.)
55
The
Theapplication
applicationshould
shouldnormally
normallybe
bemade
madewhile
whileyou
youare
areininHong
Hong
Kong.
(If
you
are
outside
Hong
Kong,
you
may
submit
Kong. (If you are outside Hong Kong, you may submit your
your
application
application through
through aa Chinese
Chinese diplomatic
diplomatic and
and consular
consular mission
mission
or
ordirect
direct toto the
the HKSAR
HKSAR Immigration
Immigration Department.
Department. In
In the
the latter
latter
case,
case, you
you will
will have
have toto arrange
arrange for
for the
the original
original supporting
supporting
documents
documentstotobe
beproduced
producedby
byyour
yoursponsor
sponsorininHong
HongKong.)
Kong.)
Fee
Fee
The
The application
application fee
fee isis HK$575
HK$575 and
and isis payable
payable upon
upon submission
submission
of
the
application.
However,
the
collection
of
of the application. However, the collection of fee
fee does
does not
not
constitute
any
guarantee
or
assurance
that
your
application
constitute any guarantee or assurance that your application for
for
renunciation
renunciation of
of Chinese
Chinese nationality
nationality will
will be
be approved.
approved. IfIf
payment
payment isis made
made by
by cheque,
cheque, itit should
should be
be crossed
crossed and
and made
made
payable
to
‘The
Government
of
the
Hong
Kong
payable to ‘The Government of the Hong Kong Special
Special
Administrative
Administrative Region’.
Region’. You
You should
should ensure
ensure that
that the
the date,
date,
payee
payee and
and the
the amount
amount are
are entered
entered correctly
correctly on
on the
the cheque
cheque and
and
that
it
is
signed.
The
fee
paid
is
non-refundable
in
any
that it is signed. The fee paid is non-refundable in any
circumstances.
circumstances.
66
3.
3.
After
After you
you have
have submitted
submitted your
your application
application
A
A card
card will
will be
be given
given to
to you
you to
to acknowledge
acknowledge receipt
receipt of
of your
your
application.
application. (The
(The card
card will
will be
be sent
sent to
to you
you by
by post
post ifif the
the
application
application isis submitted
submitted by
by post.)
post.) Arrangement
Arrangement will
will be
be made
made to
to
interview
you
at
a
later
date.
If
you
need
to
get
in
touch
with
interview you at a later date. If you need to get in touch with
the
the Immigration
Immigration Department
Department about
about any
any other
other aspect
aspect of
of your
your
application,
application, please
please write
write to
to the
the Nationality
Nationality Sub-Section,
Sub-Section, Immigration
Immigration
Department,
Department, 4th
4th Floor,
Floor, Immigration
Immigration Tower,
Tower, 77 Gloucester
Gloucester Road,
Road,
Wan
Chai,
Hong
Kong,
and
give
your
full
name,
date
and
Wan Chai, Hong Kong, and give your full name, date and place
place
of
of birth
birth and
and your
your application
application number.
number.
The
The declaration
declaration in
in Part
Part 55 includes
includes an
an undertaking
undertaking to
to inform
inform the
the
Director
Director of
of Immigration
Immigration of
of any
any changes
changes which
which may
may affect
affect the
the
accuracy
of
any
information
you
put
on
the
application
form.
accuracy of any information you put on the application form. ItIt
isis important
important to
to do
do this
this while
while your
your application
application isis being
being
considered.
considered.
A
A successful
successful applicant
applicant will
will be
be issued
issued with
with aa certificate
certificate of
of
renunciation
of
Chinese
nationality.
The
Director
of
renunciation of Chinese nationality.
The Director of
Immigration
Immigration may
may cancel
cancel the
the certificate
certificate ifif the
the Director
Director isis satisfied
satisfied
on
on reasonable
reasonable grounds
grounds that
that the
the certificate
certificate was
was obtained
obtained by
by fraud,
fraud,
false
false representation
representation or
or the
the concealment
concealment of
of any
any material
material fact.
fact.
Action
may
be
taken
against
that
person
in
accordance
with
law.
Action may be taken against that person in accordance with law.
After
After renunciation
renunciation of
of Chinese
Chinese nationality,
nationality, you
you are
are no
no longer
longer aa
Chinese
Chinese national
national and
and you
you will
will have
have to
to surrender
surrender your
your Chinese
Chinese
passport
passport or
or HKSAR
HKSAR passport
passport or
or certificate
certificate of
of naturalization
naturalization as
as aa
Chinese
national
(if
any)
for
cancellation.
Chinese national (if any) for cancellation.
IfIf aa person
person has
has renounced
renounced his
his Chinese
Chinese nationality
nationality and
and later
later
wishes
wishes to
to resume
resume Chinese
Chinese nationality,
nationality, he
he will
will need
need to
to apply
apply for
for
restoration
restoration of
of Chinese
Chinese nationality.
nationality.
IfIf the
the application
application for
for renunciation
renunciation of
of Chinese
Chinese nationality
nationality isis not
not
approved,
approved, you
you will
will remain
remain aa Chinese
Chinese national.
national.
77
4.
4. Will
Will renunciation
renunciation of
of Chinese
Chinese nationality
nationality affect
affect
your
Right
of
Abode
in
Hong
Kong?
your Right of Abode in Hong Kong?
You
You will
will continue
continue toto have
have the
the right
right of
of abode
abode (ROA)
(ROA) inin Hong
Hong
Kong
after
your
application
for
renunciation
Kong after your application for renunciation of
of Chinese
Chinese
nationality
nationalityhas
hasbeen
beenapproved,
approved,provided:provided:(a)
(a) you
youhad
hadthe
theROA
ROAininHong
HongKong
Kongbefore
before11July
July1997,
1997,
and
and
(i)
(i) you
you were
were settled
settled inin Hong
Hong Kong
Kong immediately
immediately before
before
11July
1997;
or
July 1997; or
(ii)
(ii)
after
after you
you ceased
ceased toto be
be settled
settled inin Hong
Hong Kong
Kong
immediately
before
1
July
1997,
you
return
to
settle
immediately before 1 July 1997, you return to settle
inin Hong
Hong Kong
Kong within
within the
the period
period of
of 18
18 months
months
commencing
on
1
July
1997;
or
commencing on 1 July 1997; or
(iii)
(iii) after
after you
you ceased
ceased toto be
be settled
settled inin Hong
Hong Kong
Kong
immediately
before
1
July
1997,
you
return
immediately before 1 July 1997, you returntotosettle
settle
inin Hong
Hong Kong
Kong after
after the
the period
period of
of 18
18 months
months
commencing
commencingon
on11July
July1997
1997but
butonly
onlyififyou
youhave
havenot
not
been
absent
from
Hong
Kong
for
a
continuous
been absent from Hong Kong for a continuous
period
periodof
ofnot
notless
lessthan
than36
36months.
months.
OR
OR
(b)
(b) you
youare
areable
abletotomeet
meetthe
the criteria
criteria applicable
applicable toto aa person
person not
not
of
Chinese
nationality
:of Chinese nationality :(i)
(i) you
you have
have entered
entered Hong
Hong Kong
Kong with
with aa valid
valid travel
travel
document,
have
ordinarily
resided
in
Hong
Kong
document, have ordinarily resided in Hong Kongfor
for
aacontinuous
continuousperiod
periodof
ofnot
notless
lessthan
thanseven
sevenyears
yearsand
and
have
have taken
taken Hong
Hong Kong
Kong as
as your
your place
place of
of permanent
permanent
residence
before
or
after
the
establishment
residence before or after the establishment of
of the
the
HKSAR
(you
are
required
to
make
a
declaration
HKSAR (you are required to make a declaration inin
the
the form
form the
the Director
Director of
of Immigration
Immigration stipulates
stipulates that
that
88
you
you have
have taken
taken Hong
Hong Kong
Kong as
as your
your place
place of
of
permanent
residence);
or
permanent residence); or
(ii)
(ii) you
youare
areunder
under21
21years
yearsof
ofage
ageborn
bornininHong
HongKong
Kongtoto
aaparent
who
is
a
permanent
resident
of
the
HKSAR
parent who is a permanent resident of the HKSAR
under
under paragraph
paragraph (b)(i)
(b)(i) before
before or
or after
after the
the
establishment
of
the
HKSAR
if
at
the
time
establishment of the HKSAR if at the time of
of your
your
birth
birthor
oratatany
anylater
latertime
timebefore
beforeyou
youattain
attainthe
theage
ageof
of
21,
one
of
your
parents
has
the
ROA
in
Hong
Kong
21, one of your parents has the ROA in Hong Kong
(you
(youhave
havetotore-qualify
re-qualifyfor
forthe
theROA
ROAas
asother
otherforeign
foreign
the
age
of
21);
nationals
do
when
you
reach
or
nationals do when you reach the age of 21);or
(iii)
(iii) before
beforethe
theestablishment
establishmentof
ofthe
theHKSAR,
HKSAR,you
youhad
hadthe
the
ROA
in
Hong
Kong
only.
ROA in Hong Kong only.
As
Asaaperson
personnot
notof
ofChinese
Chinesenationality,
nationality,you
youwill
willlose
loseyour
yourROA
ROA
ininthe
theHKSAR
HKSARonly
onlyifif: :
(a)
(a) you
you have
have been
been absent
absent from
from Hong
Hong Kong
Kong for
for aa continuous
continuous
period
of
not
less
than
36
months
since
you
period of not less than 36 months since youceased
ceasedtotohave
have
ordinarily
ordinarilyresided
residedininHong
HongKong;
Kong;or
or
(b)
(b) being
being aa person
person who
who before
before the
the establishment
establishment of
of the
the
HKSAR
HKSARhad
hadthe
theROA
ROAininHong
HongKong
Kongonly,
only,you
youhave
havebeen
been
absent
absentfrom
fromHong
HongKong
Kongfor
foraacontinuous
continuousperiod
periodof
ofnot
notless
less
than
36
months
after
you
obtained
the
right
of
abode
than 36 months after you obtained the right of abodeininany
any
place
place other
other than
than Hong
Hong Kong
Kong and
and had
had ceased
ceased toto be
be
ordinarily
ordinarilyresident
residentininHong
HongKong.
Kong.
IfIf you
you lose
lose your
your ROA
ROA inin Hong
Hong Kong,
Kong, you
you will
will automatically
automatically
acquire
acquirethe
theright
righttotoland
landenabling
enablingyou
youtotoenter
enterHong
HongKong
Kongfreely
freely
and
to
work,
study
or
live
in
Hong
Kong
without
any
restriction.
and to work, study or live in Hong Kong without any restriction.
You
Youwill
willalso
alsobe
beable
abletotore-acquire
re-acquirethe
theROA
ROAwhen
whenyou
youare
areable
able
totosatisfy
the
requirements
in
paragraph
(b)(i),
see
page
8.
satisfy the requirements in paragraph (b)(i), see page 8.
99
Appendix 1
Nationality Law of the People’s Republic of China
(Adopted at
at the
the Third
Third Session
Session of
of the
the Fifth
Fifth National
National People’s
People’s Congress,
Congress, promulgated
promulgated
(Adopted
by Order
Order No.
No. 88 of
of the
the Chairman
Chairman of
of the
the Standing
Standing Committee
Committee of
of the
the National
National People’s
People’s
by
Congress and
and effective
effective as
as of
of September
September 10,
10, 1980)
1980)
Congress
Article 1 This law is applicable to the acquisition, loss and
restoration of nationality of the People’s Republic of China.
Article 2 The People’s Republic of China is a unitary
multinational state; persons belonging to any of the nationalities in
China shall have Chinese nationality.
Article 3 The People’s Republic of China does not
recognize dual nationality for any Chinese national.
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.
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.
Article 6 Any person born in China whose parents are
stateless or of uncertain nationality and have settled in China shall
have Chinese nationality.
Article 7 Foreign nationals or stateless persons who are
willing to abide by China’s Constitution and laws and who meet one
of the following conditions may be naturalized upon approval of their
applications:
(1) they are near relatives of Chinese nationals;
(2) they have settled in China; or
10
(3) they have other legitimate reasons.
(3) they have other legitimate reasons.
Article 8 Any person who applies for naturalization as a
Article
8 shall
Anyacquire
person Chinese
who applies
for naturalization
Chinese
national
nationality
upon approvalas ofa
Chinese
national
shall
acquire
Chinese
nationality
upon approval
his application; a person whose application for naturalization
as ofa
his
application;
a
person
whose
application
for
naturalization
as a
Chinese national has been approved shall not retain foreign
Chinese national has been approved shall not retain foreign
nationality.
nationality.
Article 9 Any Chinese national who has settled abroad and
Article
9 Any Chinese
national
who or
hashas
settled
abroad
and
who has
been naturalized
as a foreign
national
acquired
foreign
who
has
been
naturalized
as
a
foreign
national
or
has
acquired
foreign
nationality of his own free will shall automatically lose Chinese
nationality of his own free will shall automatically lose Chinese
nationality.
nationality.
Article 10 Chinese nationals who meet one of the following
Article
ChineseChinese
nationals
who meetupon
one approval
of the following
conditions
may10renounce
nationality
of their
conditions
may
renounce
Chinese
nationality
upon
approval
of their
applications:
applications:
(1) they are near relatives of foreign nationals;
(1) they are near relatives of foreign nationals;
(2) they have settled abroad; or
(2) they have settled abroad; or
(3) they have other legitimate reasons.
(3) they have other legitimate reasons.
Article 11 Any person who applies for renunciation of
Article
11 Any
who applies
for upon
renunciation
of
Chinese
nationality
shallperson
lose Chinese
nationality
approval of
Chinese
nationality
shall
lose
Chinese
nationality
upon
approval
of
his application.
his application.
Article 12 State functionaries and military personnel on
Article shall
12 State
functionaries
military personnel on
active service
not renounce
Chinese and
nationality.
active service shall not renounce Chinese nationality.
Article 13 Foreign nationals who once held Chinese
Article
13 apply
Foreign
nationals ofwho
once
held Chinese
nationality
may
for restoration
Chinese
nationality
if they
nationality
may
apply
for
restoration
of
Chinese
nationality
if they
have legitimate reasons; those whose applications for restoration
of
have
legitimate
reasons;
those
whose
applications
for
restoration
of
Chinese nationality have been approved shall not retain foreign
Chinese nationality have been approved shall not retain foreign
nationality.
nationality.
Article 14 Persons who wish to acquire, renounce or restore
Article
14 Persons
wish to acquire,
renounce
or restore
Chinese
nationality,
with who
the exception
of cases
provided
for in
Chinese
nationality,
with
the
exception
of
cases
provided
for in
Article 9, shall go through the formalities of application. Applications
Article
9,
shall
go
through
the
formalities
of
application.
Applications
of persons under the age of 18 may be filed on their behalf by their
of persons
underlegal
the representatives.
age of 18 may be filed on their behalf by their
parents
or other
parents or other legal representatives.
11
11
Article 15 Nationality applications at home shall be handled
15 Nationality
applications
at homeorshall
be handled
by the Article
public security
bureaus of
the municipalities
counties
where
by
the
public
security
bureaus
of
the
municipalities
or
counties
where
the applicants reside; nationality applications abroad shall be handled
the
applicants
reside;
nationality
applications
abroad
shall
be
handled
by China’s diplomatic representative agencies and consular offices.
by China’s diplomatic representative agencies and consular offices.
Article 16 Applications for naturalization as Chinese
Article
16 renunciation
Applications
for naturalization
as Chinese
nationals
and for
or restoration
of Chinese nationality
are
nationals
and
for
renunciation
or
restoration
of
Chinese
nationality
are
subject to examination and approval by the Ministry of Public
subject
to
examination
and
approval
by
the
Ministry
of
Public
Security of the People’s Republic of China. The Ministry of Public
Security shall
of theissue
People’s
Republic
China.
Ministry
of Public
Security
a certificate
to of
any
person The
whose
application
has
Security
shall issue a certificate to any person whose application has
been
approved.
been approved.
Article 17 The nationality status of persons who have
Article
17 Chinese
The nationality
status the
of promulgation
persons whoof have
acquired
or lost
nationality before
this
acquired
or
lost
Chinese
nationality
before
the
promulgation
of
this
Law shall remain valid.
Law shall remain valid.
Article 18 This Law shall come into force as of the date of its
Article 18 This Law shall come into force as of the date of its
promulgation.
promulgation.
12
12
Appendix 2
Explanations of Some Questions by the Standing
Committee of the National People’s Congress
Concerning the Implementation of the Nationality Law
of the People’s Republic of China in the Hong Kong
Special Administrative Region*
(Adopted at the Nineteenth Session of the Standing Committee of the Eighth National
People’s Congress on 15 May 1996)
According to Article 18 of and Annex III to the Basic Law of the
Hong Kong Special Administrative Region of the People’s Republic
of China, the Nationality Law of the People’s Republic of China shall
be applied in the Hong Kong Special Administrative Region from
1 July 1997. Taking account of the historical background and the
existing circumstances of Hong Kong, the Standing Committee gives
the following explanations concerning the implementation in the Hong
Kong Special Administrative Region of the Nationality Law of the
People’s Republic of China—
1.
Where a Hong Kong resident is of Chinese descent and was born
in the Chinese territories (including Hong Kong), or where a
person satisfies the criteria laid down in the Nationality Law of
the People’s Republic of China for having Chinese nationality,
he is a Chinese national.
2.
All Hong Kong Chinese compatriots are Chinese nationals,
whether or not they are holders of the “British Dependent
Territories Citizens passport” or “British Nationals (Overseas)
passport”. With effect from 1 July 1997, Chinese nationals
mentioned above may, for the purpose of travelling to other
countries and territories, continue to use the valid travel
documents issued by the Government of the United Kingdom.
However, they shall not be entitled to British consular protection
in the Hong Kong Special Administrative Region and other parts
of the People’s Republic of China on account of their holding the
above mentioned British travel documents.
13
3.
According to the Nationality Law of the People’s Republic of
China, the British Citizenship acquired by Chinese nationals in
Hong Kong through the “British Nationality Selection Scheme”
will not be recognised. They are still Chinese nationals and will
not be entitled to British consular protection in the Hong Kong
Special Administrative Region and other parts of the People’s
Republic of China.
4.
Chinese nationals of the Hong Kong Special Administrative
Region with right of abode in foreign countries may, for the
purpose of travelling to other countries and territories, use the
relevant documents issued by the foreign governments. However,
they will not be entitled to consular protection in the Hong Kong
Special Administrative Region and other parts of the People’s
Republic of China on account of their holding the above
mentioned documents.
5.
If there is a change in the nationality of a Chinese national of the
Hong Kong Special Administrative Region, he may, with valid
documents in support, make a declaration at the authority of the
Hong Kong Special Administrative Region responsible for
nationality applications.
6.
The Government of the Hong Kong Special Administrative
Region is authorised to designate its Immigration Department as
the authority of the Hong Kong Special Administrative Region
responsible for nationality applications. The Immigration
Department of the Hong Kong Special Administrative Region
shall handle all nationality applications in accordance with the
Nationality Law of the People’s Republic of China and the
foregoing provisions.
* The English translation text is prepared by Department of Justice, Government of
the Hong Kong Special Administrative Region. It is for reference purposes and has
no legislative effect.
14
Appendix 3
Statement of purpose for data collection
Purpose of collection
The personal data provided in the application form will be used
by Immigration Department for one or more of the following
purposes:-
(a) to process your application for renunciation of
Chinese nationality;
(b) to administer the Nationality Law of the People’s
Republic of China and the “Explanations of Some
Questions by the Standing Committee of the National
People’s Congress Concerning the Implementation of
the Nationality Law of the People’s Republic of
China in the Hong Kong Special Administrative
Region” adopted by the Standing Committee of the
National People’s Congress on 15 May 1996;
(c) to assist in the enforcement of relevant provisions of
the Immigration Ordinance (Chapter 115);
Immigration Service Ordinance (Chapter 331) and
any other Ordinances and Regulations by other
Government Departments through carrying out
immigration control duties.
(d) in connection with any other person’s applications for
immigration facilities in which you are named as a
sponsor or referee;
(e) for research and statistical purposes; and
(f) for any other legitimate purpose.
The provision of personal data in the process of your application
is voluntary. If you do not provide sufficient information, we
may not be able to process your application.
15
Classes
Classes of
of Transferees
Transferees
The
The personal
personal data
data you
you provide
provide may
may be
be disclosed
disclosed to
to government
government
bureaux,
departments
and
other
organizations
for
bureaux, departments and other organizations for the
the purposes
purposes
mentioned
mentioned above.
above.
Access
Access to
to Personal
Personal Data
Data
You
You have
have aa right
right to
to request
request access
access to
to and
and correction
correction of
of your
your
personal
data
as
provided
for
in
sections
18
and
22
personal data as provided for in sections 18 and 22 of
of and
and
Principle
Principle 66 of
of Schedule
Schedule 11 to
to the
the Personal
Personal Data
Data (Privacy)
(Privacy)
Ordinance.
Ordinance. Your
Your right
right of
of access
access includes
includes the
the right
right to
to obtain
obtain aa
copy
of
your
personal
data
provided
in
this
application
copy of your personal data provided in this application form
form
subject
subject to
to payment
payment of
of aa fee.
fee.
Enquiries
Enquiries
Enquiries
Enquiries concerning
concerning the
the personal
personal data
data collected
collected by
by means
means of
of this
this
application
form,
including
the
making
of
access
and
corrections,
application form, including the making of access and corrections,
should
should be
be addressed
addressed to:
to:
Chief
Chief Immigration
Immigration Officer
Officer
Travel
Travel Documents
Documents &
& Nationality
Nationality (Application)
(Application) Section
Section
Immigration
Department
Immigration Department
4th
4th Floor,
Floor, Immigration
Immigration Tower
Tower
77 Gloucester
Gloucester Road,
Road, Wan
Wan Chai
Chai
Hong
Hong Kong
Kong
Tel
Tel No.
No. :: 2829
2829 3093
3093
16
16
Immigration Department
The Government of the Hong Kong
Special Administrative Region
香港特別行政區政府
入境事務處
收費表
Fee Leaflet
With effect from 9 February 2015, fees charged for the immigration services are as follows:
項目
____
Item
____
費用
(港元)
__________
F
ee (HK$)
_________
《入境條例》
(香港法例第 115 章)
Immigration Ordinance (Cap. 115)
1.
海員身份證(不論有效期是否受額外限制)
Seaman’s Identity Book (whether of full or restricted validity)
260
2.
普通簽證
Ordinary Visa
190
3.
過境簽證
Transit Visa
100
4.
更改逗留條件或延長逗留期限
Change of conditions of stay or extension of limit of stay
190
5.
多次通用香港特別行政區回港證(不論有效期是否受額外限制)
Multiple Hong Kong Special Administrative Region Re-entry Permit (whether
of full or restricted validity)
140
6.
限用一次的香港特別行政區回港證
Hong Kong Special Administrative Region Re-entry Permit valid for 1 visit
7.
46
190
Entry Permit valid for 1 entry
8.
1
Entry Permit for multiple entries and valid for 1 year
390
9.
3
Entry Permit for multiple entries and valid for 3 years
780
10.
200
Endorsement to a travel document for which no specific fee is provided
ID 912 (02/2015)
項目
____
Item
____
11.
下列服務收取的費用:因應申請提供任何文件副本,或向外國有關當局提出
或轉交(或提出及轉交)關於國籍登記,或發出或換領護照或其他旅行證件或
身份證明文件、或給予簽證或入境證等要求或建議
Service charge for supplying, on application, a copy of any document, or for
making or forwarding, or both, a request or recommendation to any authority
of a foreign state, for nationality registration or for the issue or renewal of a
passport or other travel document or of a document of identity or for the grant
of a visa or entry permit
12.
香港特別行政區簽證身份書
Hong Kong Special Administrative Region Document of Identity for Visa
Purposes
(a) 44 頁身份書
44-page document
(b) 92 頁身份書
92-page document
費用
(港元)
__________
F
ee (HK$)
_________
215
285
370
13.
更改海員身份證 香港入境許可證的內容(電腦可讀證件不適用)
Change of Particulars in a Seaman’s Identity Book/Hong Kong Entry Permit
(Except Machine Readable Documents)
165
14.
旅遊通行證
Travel Pass
660
15.
亞太經合組織商務旅遊證
Asia Pacific Economic Co-operation (APEC) Business Travel Card
(a) 新簽發的亞太經合組織商務旅遊證
New issue of an APEC Business Travel Card
(b) 補發有效期尚未屆滿的亞太經合組織商務旅遊證
Replacement of an APEC Business Travel Card for the remainder of its
validity period
490
190
《公共財政條例》
(香港法例第 2 章)
Public Finance Ordinance (Cap. 2)
16.
出入境紀錄證明書
Statement of Travel Records
160
《中國國籍(雜項規定)條例》
(香港法例第 540 章)
Chinese Nationality (Miscellaneous Provisions) Ordinance (Cap. 540)
17.
申報國籍變更
Declaration of nationality change
18.
加入中國國籍
Naturalization as a Chinese National
(a) 須於提出申請時繳交;及
Payable when the application is made; and
(b) 須在提出要求當局根據《中華人民共和國國籍法》第十六條發出的證書時
繳交
Payable on demand for a certificate to be issued under Article 16 of the
Nationality Law of the People’s Republic of China.
19.
退出中國國籍
Renunciation of Chinese Nationality
20.
恢復中國國籍
Restoration of Chinese Nationality
145
3,460
1,730
1,730
575
1,150