"The winning of the QT case means that overseas spouses can now apply for the right of abode in Hong Kong on a dependent visa," he wrote in a subsequent Facebook post.
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In 2019, the president granted Ghanaian citizenship to hundreds of Black visitors as part of the Right of Abode law, which grants individuals of African descent in the Americas the right to reside in Ghana indefinitely.
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As a British citizen, Mr. Abedi had the "right of abode," meaning he did not have to obtain the permission of an immigration officer and could simply enter the United Kingdom, though the government could revoke this right.
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By law, the president of the council must be a Chinese citizen and not hold the right of abode elsewhere, and the pro-democratic camp insisted, to little avail, that Leung had not shown sufficient proof that he'd renounced his British citizenship.
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Ibrahim is from Togo in west Africa, and his son and daughter, despite both having been born in Hong Kong, are among the more than 580 refugee children denied the right of abode, making it impossible for young people to get jobs or leave.
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The West African country has legislation such as the Right of Abode law of 2000 that allows people of African descent to apply for the right to stay in the country indefinitely while the Joseph Project, birthed in 2007, also wants Africans in the diaspora to return.
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The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction, and is immune from removal and deportation (unless the right of abode has been revoked). Generally, in order to have the right of abode in a certain country, a person must be a citizen of that country. However, some countries grant the right of abode for qualified non-citizens.
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In the United States, such a person is officially referred to as a Lawful Permanent Resident (LPR). Permanent residency itself is distinct from right of abode, which waives immigration control for such persons. Persons having permanent residency still require immigration control if they do not have right of abode. However, a right of abode automatically grants people permanent residency.
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CUKCs with right of abode would in 1983 become British citizens, whereas Commonwealth citizens' nationality status remained unchanged. However, any person who had voluntarily or involuntarily lost their CUKC status (or Commonwealth citizenship) between 1973 and 1983 would also lose their right of abode (which might be inadvertently caused by a colony's independence or a country's withdrawal from the Commonwealth). Consequently, this would also mean that they would have no legal status in the UK. This issue was highlighted in the 2018 Windrush scandal. The introduction of the right of abode principle effectively created two tiers of CUKCs: those with right of abode and those without right of abode, both of which shared the same nationality status until 1983.
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Therefore, even a Chinese national with the right of abode in Hong Kong has a slightly different status to a foreign national with the right of abode in Hong Kong as well (since the former can never lose the right of abode status while the latter can lose it if they do not enter Hong Kong for a period of 36 months). At the same time, a foreign national with the right of abode in Hong Kong has a preferential immigration status to a Chinese national without the right of abode in Hong Kong, as the former can remain in Hong Kong indefinitely, while the latter has to have his immigration status reassessed whenever his visa/permit expires.
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United Kingdom immigration laws allow settlement to other categories of persons; however, although similar in practice these do not constitute a formal right of abode and the full privileges of the right of abode are not necessarily available.
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An individual may be able to claim the right of abode in the United Kingdom through more than one route. For example, a woman who was a New Zealand citizen and married to a CUKC with right of abode on 31 December 1982, and who subsequently moves to the UK with her husband and naturalises as British citizen can claim the right of abode in the UK both through her British citizenship and through her status as a Commonwealth citizen who was married to a CUKC with right of abode on 31 December 1982. Therefore, if she were to renounce her British citizenship, she would still hold right of abode as a Commonwealth citizen married to a CUKC. However, if she were to renounce her New Zealand citizenship, she would permanently lose her ability to claim a right of abode through her Commonwealth citizenship and marriage to a British citizen on 31 December 1982, and would only be able to claim a right of abode through her British citizenship.
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The British Nationality Act 1981 modified the right of abode section of the Immigration Act 1971 to remove the wording at issue, although the former version still had effect for determinations of British citizenship through right of abode for persons born before 1983 and potentially their descendants.
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BN(O) passport holders who possess right of abode in Hong Kong normally use their permanent identity cards to enter Hong Kong. For those who do not possess right of abode but right to land, they can present their BN(O) passport with non-permanent identity card for clearance.
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That wording of the measure introduced minor confusion into the concept of the right of abode, when it limited right of abode through descent to a CUKC who had a parent who had CUKC status by "birth, adoption, naturalisation or .... registration in the United Kingdom or in any of the islands" or a grandparent CUKC who "at the time of that birth or adoption so had it". Whether "so had it" referred to a grandparent who had CUKC status generally or CUKC status from the UK and islands specifically was decided by courts to refer to the latter. As the right of abode on 31 December 1982 was necessary to become a British citizen on 1 January 1983 under the British Nationality Act 1981, this meant that failing to meet the interpretation of the right of abode test above resulted in no British citizenship through that route. The British Nationality Act 1981 modified the right of abode section of the Immigration Act 1971 to remove the wording at issue, although the former version still had effect for determinations of British citizenship through right of abode for persons born before 1983 and potentially their descendants.
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British subjects are also eligible to serve in all Civil Service posts, be granted British honours, receive peerages, and sit in the House of Lords. If given indefinite leave to remain (ILR), they are eligible to stand for election to the House of Commons and local government. British subjects only have right of abode in the UK if they were born to at least one British subject parent who themself was born in the UK or, if they are female, were married to a person with right of abode before 1983.. Almost every person who still retains British subject status has UK right of abode. About 32,400 people hold active British passports with the status, and fewer than 800 do not have right of abode.. All British subjects may become British citizens by registration, rather than naturalisation, after residing in the United Kingdom for more than five years and possessing either right of abode or ILR for more than one year.
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Individuals with this nationality are British nationals and Commonwealth citizens, but not British citizens. The status under the current definition does not automatically grant the holder right of abode in the United Kingdom but most British subjects do have this entitlement. About 32,400 British subjects hold active British passports with this status and enjoy consular protection when travelling abroad; fewer than 800 do not have right of abode in the UK. Nationals of this class without right of abode are subject to immigration controls when entering the UK. British subjects without right of abode in the UK who hold no other nationality are effectively stateless as they are not guaranteed the right to enter the country in which they are nationals.
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The eligibility criteria for right of abode has been a contentious issue and repeatedly challenged in court since the transfer of sovereignty. Because constitutional issues require central government review,. litigation on right of abode issues has highlighted conflicting differences between the legal systems of the territory and mainland. and xenophobic sentiment among local residents..
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Under section 11(1) of the Act, a CUKC must have had the right of abode under the Immigration Act 1971, as it existed on 31 December 1982, to become a British citizen on 1 January 1983 automatically under the standard CUKC transition at commencement route of the Act. Section 39 of the Act then went on to modify the right of abode section of the 1971 measure, eliminating confusing wording as to whether right of abode could be obtained through a grandparent who was a CUKC from outside the UK.
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Palestinian citizens had the right of abode in Palestine, but were not British subjects, and were instead considered British protected persons.
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This restored the right of abode in the UK to residents of overseas territories after a 34-year hiatus from 1968 to 2002.
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Muhammad appealed again to the Court of Final Appeal. His case was one of three CFA cases relating to the right of abode that year said to form part of a "constitutional crisis" in Hong Kong, the other two being Director of Immigration v. Chong Fung Yuen (which ruled that Chinese nationals born in Hong Kong were entitled to the right of abode regardless of the Hong Kong immigration status of their parents), and Tam Nga Yin v. Director of Immigration (which ruled that mainland-born children adopted by Hong Kong parents did not thus gain the right of abode).
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Vallejos and Domingo v. Commissioner of Registration was a court case against the government of Hong Kong by two foreign domestic helpers (FDHs) seeking permanent residence and the right of abode in Hong Kong. Because of its subject matter it was commonly referred to in the media as the FDHs' right of abode case (外傭居港權案). Evangeline Vallejos and Daniel Domingo were two of five applicants who in various groups filed three right of abode lawsuits in 2010; the ruling in Vallejos' case was expected to be a precedent for the other two.
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Chinese nationals with right of abode may only be deprived of the status if they lose their Chinese nationality. Prior to 1997, acquisition of the right of abode was dependent on British nationality. Individuals born overseas to Hong Kong- connected BDTCs also became BDTCs and Hong Kong permanent residents by descent.. After the transfer of sovereignty, if these individuals did not also acquire Chinese nationality or return to Hong Kong within three years, they would be nonpermanent residents with the right to land. Individuals who lost permanent resident status before 1997 can immediately resume the right of abode under limited circumstances.
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In 1999, Yeung heard a major judicial review case relating to the right of abode in Hong Kong, . He found that the seventeen mainland-born applicants were not entitled to the right of abode by virtue of their parents' Hong Kong permanent resident status until they had obtained Certificates of Entitlement, and thus refused to overturn the removal order issued against them by the Director of Immigration.
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As a non-sovereign territory, Hong Kong does not have its own citizenship; the status akin to citizenship in Hong Kong is the right of abode, also known as permanent residence. Hong Kong permanent residents regardless of citizenship are accorded all rights normally associated with citizenship, with few exceptions such as the right to a HKSAR passport and the eligibility to be elected as the chief executive which are only available to Chinese citizens with right of abode in Hong Kong. According to the Basic Law of Hong Kong, Chinese citizens born in Hong Kong have the right of abode in the territory. The 2001 court case Director of Immigration v.
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Persons with the "right of abode" or the "right to land" may enter Hong Kong without holding any visa and without having any condition of stay imposed upon them, and may not be subject to a removal order. In addition, no deportation order may be imposed on a person with the right of abode. No visa or entry permit is required for holders of the following travel document: # Hong Kong Permanent Identity Card # Hong Kong Special Administrative Region Passport # British National (Overseas) passportThe United Kingdom, which issues BN(O) passports, no longer has authority to grant the right of abode in Hong Kong, which since 1997 is a territory of the People's Republic of China. However, in practice BN(O) is a status that was only ever granted to BDTCs "hav[ing] a connection" to British Hong Kong as defined in the Hong Kong (British Nationality) Order 1986, and as such all holders of BN(O) passports are persons who enjoyed the right of abode in Hong Kong before 1 July 1997, and under the Immigration Ordinance continue to enjoy the right of abode or right to land.
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Other new immigration topics include the Right of abode issue, Quality Migrant Admission Scheme or the Capital Investment Entrant Scheme.Gov.hk. "Gov.hk." Immigration. Retrieved on 2009-12-20.
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Becoming a Hong Kong permanent resident has slightly different requirements depending on an individual's nationality. Acquisition by birth operates on a modified jus soli basis; Chinese nationals born in Hong Kong are automatically permanent residents, while foreign nationals must have at least one parent who possesses right of abode., para. 2. Children born outside of Hong Kong acquire right of abode if they are also Chinese nationals at birth.
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British Overseas Territories citizens are subject to immigration controls and have neither the right of abode or the right to work in the United Kingdom. BOTCs other than Gibraltarians are also required to pay a "health surcharge" to access National Health Service benefits when residing in the UK for longer than six months and do not qualify for most welfare programmes.. However, since 2002, almost all BOTCs are also British citizens and have UK right of abode., at para. 43. When exercising that right and entering the UK for a period of more than six months, they must travel with British citizen passports or other valid passports endorsed with a certificate of entitlement for right of abode.
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Front cover of a Taiwan passport Visa requirements for Taiwan passport holders are administrative entry restrictions by the authorities of other states placed on nationals of the Republic of China (ROC), commonly known as Taiwan. Although the ROC has only one type of nationality under its nationality law, its nationals' right of abode in Taiwan is based on whether they have established household registration in Taiwan, hence ROC nationals are divided into two categories: nationals with household registration ("NWHRs"), with right of abode in Taiwan; and nationals without household registration ("NWOHRs"), without right of abode in Taiwan.內政部入出國及移民署全球資訊網 . Immigration.gov.tw (2010-05-31).
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Indefinite leave to remain (ILR) or permanent residency (PR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay and who is free to take up employment or study. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter (ILE). A person who has indefinite leave to remain, the right of abode or Irish citizenship has settled status if resident in the United Kingdom (all full British citizens have the right of abode). Indefinite leave is not a permanent status.
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After passage of the British Nationality Act 1981, CUKCs were reclassified into different nationality groups based on their ancestry and birthplace: CUKCs with right of abode in the United Kingdom or were closely connected with the UK, Channel Islands, or Isle of Man became British citizens while those connected with a remaining colony became British Dependent Territories citizens (BDTCs).. Right of abode in the territories is dependent on possession of belonger status., at para. 44.
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Before the United Kingdom withdrew from the European Union on 31 January 2020, full British citizens and British subjects with right of abode in the UK were European Union citizens.. British subjects without right of abode in the UK were not EU citizens and did not enjoy freedom of movement in other EU countries., at para. 19–27 They were, Annex II. and continue to be, exempted from obtaining visas when visiting the Schengen Area.
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Although all Dutch nationals have the right of abode in the European Netherlands, right of abode in the Dutch Caribbean is limited to those who have a connection to the region. Other Dutch can enter the region visa-free for a maximum of 6 months. The identity card BES and the cedula of Aruba, Curaçao and Sint Maarten are valid for entering Bonaire, Sint Eustatius or Saba, but the Dutch identity card is not.
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Indefinite leave to remain is a form of UK permanent residence that can be held by non-EU/EEA/Swiss citizens, but it does not confer a right of abode.
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Lau Kong Yung (劉港榕) and his 16 fellow applicants were mainland Chinese-born children of Hong Kong permanent residents and on that basis claimed to be entitled to the right of abode. The Director of Immigration made removal orders against them on the grounds that they had arrived in Hong Kong on two-way permits and subsequently breached their limits of stay, and did not hold certificates of entitlement to demonstrate their right of abode (which would include the right not to be subject to a removal order). They sued the Director in the Court of First Instance to quash the removal orders, stating that the Director had acted unlawfully in refusing to consider other evidence that they had the right of abode.
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Hong Kong, as a special administrative region of China, does not have its own citizenship laws. The right of abode is the status that allows unrestricted right to live, work, vote and to host most public office in Hong Kong; persons with right of abode in Hong Kong are called permanent residents. Most permanent residents of Chinese descent are Chinese citizens as provided by the Chinese nationality law. Citizens of other countries who have obtained right of abode in Hong Kong remain the citizens of their respective countries, and enjoy all the rights accorded to permanent residents except for those restricted to permanent residents with Chinese citizenship, such as the right to a HKSAR passport and the eligibility to be elected as the Chief Executive.
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Leung further underlined that those who did may not be able to secure the right of abode for their offspring in Hong Kong.Luk, Eddie (17 April 2012). "Door shuts on moms" . The Standard.
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The Act contains several provisions empowering the Home Secretary to deprive a person of British citizenship (or Right of Abode) if it is considered that such deprivation is "conducive to the public good".
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The Hong Kong Basic Law gives a precise legal definition of a Hong Kong resident. Under Article 24 of the Basic Law, Hong Kong residents can be further classified as permanent or non-permanent residents. Non-permanent residents are those who have the right to hold a Hong Kong Identity Card, but have no right of abode in Hong Kong. Permanent residents are those who have the right to hold a Hong Kong Permanent Identity Card as well as the right of abode.
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In August 1996, she was appointed Director of Immigration – a post usually filled by officials from within the Immigration Department. She was the first woman to hold the post, and continued until after the 1997 handover. While she held that post, the UK government decided to grant full British citizenship for 50,000 Hong Kong families. She was also head of immigration during the right of abode saga, when the Hong Kong government requested the National People's Congress in Beijing to intervene after the courts ruled against the government, essentially granting the Hong Kong government the ability to simply ignore the court's ruling after it granted right of abode to the children of Hong Kong residents who held right of abode whether or not those children were born in Hong Kong.
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In Hong Kong, the belonger status was renamed to permanent resident status in 1987. Only permanent residents and residents who have been resident in Hong Kong for seven years, regardless of citizenship or nationality, have the right to vote, to contest in elections, to hold public offices, to freely accept employment without work permit requirement, to reside without immigration restrictions, and to the right of abode within the territory. Since 1997, the right to hold principal offices has been restricted to those who are concurrently permanent residents and nationals of the People's Republic of China through the Special Administrative Region, with have no right of abode in other countries. Also, the number of members of the territory's Legislative Council who have foreign right of abode has been capped at 20%.
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In 1999, the Court of Final Appeal (CFA) issued two judgements that granted right of abode in Hong Kong to children born in mainland China with at least one parent who had the right of abode,, at para. 108–112. including those whose parents had become a permanent resident after the time of birth., at para. 32.. The regional government expected that 1.67 million new immigrants from the mainland would seek to acquire the right of abode on these terms over the next decade, and projected that Hong Kong would not be able to absorb such a sudden population increase.. Although the CFA is the highest territorial court, the Court clarified that its authority to interpret the Basic Law derives from the Standing Committee of the National People's Congress (NPCSC).
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This status also gives work permit in most cases. In many western countries, the status of permanent resident confers a right of abode upon the holder despite not being a citizen of the particular country.
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Another special group of solely Hong Kong British nationals were the non-Chinese ethnic minorities of Hong Kong. They are primarily immigrants or children of immigrants from Nepal, India and Pakistan. After the handover to China, they would not be accepted as inherently being citizens of the People's Republic. They would be left effectively stateless – they would have British nationality and permanent residency and right of abode in Hong Kong, but no right of abode in the UK, nor a right to claim Chinese nationality.
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The act limited the right to enter and live in the United Kingdom to certain subsets of Citizens of the United Kingdom and Colonies with ties to the UK itself. That wording of the measure introduced minor confusion into the concept of the right of abode, when it limited right of abode through descent to a CUKC who had a parent who had CUKC status by "birth, adoption, naturalisation or .... registration in the United Kingdom or in any of the islands" or a grandparent CUKC who "at the time of that birth or adoption so had it". Whether "so had it" referred to a grandparent who was had CUKC status generally or CUKC status from the UK and islands specifically was decided by courts to refer to the latter. As the right of abode on 31 December 1982 was necessary to become a British citizen on 1 January 1983 under the automatic transition at commencement of CUKC provisions of the British Nationality Act 1981, this meant that failing to meet the interpretation of the right of abode test above resulted in no British citizenship through that route.
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In rare instances a nationality is available through investment. Some investors have been described in Tongan passports as 'a Tongan protected person', a status which does not necessarily carry with it the right of abode in Tonga.
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Although British Overseas Territories citizenship is granted to individuals who are closely connected to particular territories, each territory maintains separate immigration policies and different requirements for conferring belonger status. BOTC status by itself does not grant its holders right of abode or the right to work in any of the territories, at para. 42. and confers no entitlements other than the right to apply for a BOTC passport. Consequently, there are circumstances in which BOTCs do not have right of abode in the territory that they derive their citizenship from.
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Although the Act was repealed from 1 January 1949 by the British Nationality Act 1948, some descendants can still claim citizenship based on their parent's rights under the law as it existed prior to 1949. However, the Home Office believes that the Act does not generally give claimants a right of abode in the United Kingdom. Successful claims will normally be granted to only British Overseas Citizen status unless entitled to a right of abode in the UK under the Immigration Act 1971 as in force prior to 1983.
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Right of abode in Hong Kong entitles a person to live and work in the territory without any restrictions or conditions of stay. Someone who has that right is a Hong Kong permanent resident. Foreign nationals may acquire the right of abode after meeting a seven-year residency requirement and are given most rights usually associated with citizenship, including the right to vote in regional elections. However, they are not entitled to hold territorial passports or stand for office in most Legislative Council constituencies, unless they also naturalise as Chinese citizens.
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Ip has taken controversial stances during her career including advocating for the Public Order Ordinance and defending government policy denying right of abode to the children of Hong Kong people born in mainland China since the 1997 handover.
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In 2000, Bio- Synthesis, Inc. perform the genetic analysis close to 500 Chinese nationals that were soliciting, under the right of abode, the right to move to Hong Kong by proving that their biological fathers were Hong Kong residents.
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The Hong Kong Permanent Identity Card is a class of HKID issued to Hong Kong residents who have the right of abode (ROA) in the Hong Kong Special Administrative Region.Yearbook.gov.hk. "Yearbook.gov.hk ." Hong Kong 2006. Retrieved on 7 February 2008.
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Indefinite leave to remain and Right of abode are related concepts in immigration law. A person who is a British Citizen is not necessarily an ordinary resident in the UK. The policy relates to the Home Office hostile environment policy.
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Zeman has long held the right of abode in Hong Kong; this entitled him to a Hong Kong permanent identity card. In addition, in September 2008, Zeman renounced his Canadian citizenship and became a naturalised citizen of the People's Republic of China, as he said he has lived and worked in Hong Kong for 38 years and has always considered it to be his home. The Chinese citizenship, combined with his right of abode in Hong Kong, enables him to hold a Home Return Permit for entering mainland China, and a Hong Kong Special Administrative Region passport for international travel.
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Shenzhen–Hong Kong cross-boundary students () are people who are born and study in Hong Kong but live in mainland China. In a daily student migration, every school day they arrive in and exit from Hong Kong primarily through 5 land boundary control points: Lo Wu, Sha Tau Kok, Lok Ma Chau, Man Kam To, and Shenzhen Bay. They mainly study in Yuen Long, Tuen Mun, Tai Po while the majority in the North district. Since the 2001 Chong Fung Yuen “Right of abode” case, babies born in Hong Kong to mainland women are entitled the right of abode in Hong Kong.
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These individuals are then given the right to land, which also allows them unrestricted access to live and work in the territory. Foreign permanent residents can naturalise as Chinese nationals and become exempt from automatic loss, but are required to renounce their previous nationality on successful application. Children with foreign nationality who were born in Hong Kong and have permanent residency by descent also automatically lose right of abode at age 21 and are given the right to land. They may subsequently reapply for right of abode on the basis of a seven-year residence period.
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Cheng then went on to form the Right of Abode Delegation, with Hong Kong leading businessmen to press London for full British passports for Hong Kong people as a political insurance policy. The campaign resulted in right of abode in Britain for some 50,000 Hong Kong people. As an activist, he was instrumental in mobilising mass opposition in 2002 to the Hong Kong Government's Central and Wan Chai Reclamation Project, which was regarded as environmental-unfriendly and a threat to Hong Kong's renown Victoria Harbor. He was behind a judicial review that resulted in stopping the reclamation in Central.
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The British Overseas Territories (BOTs) maintain their own rules regarding immigration requirements different from the visa policy of the United Kingdom, but remain under its sovereignty. As a general rule, British citizen passport holders do not generally have automatic right of abode in these territories.
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Right of abode for foreign domestic workers in HK became an election issue as the Civic Party was closely identified with the legal advisers who represented one such Filipina.Dioquino, Rose-An Jessica (8 November 2011). "Pro-domestic workers candidates lose in HK polls". GMA Network.
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None of the overseas territories has its own nationality status, and most residents hold two forms of British nationality: British Overseas Territories citizenship (BOTC) and British citizenship. Only the latter grants the right of abode in a specific country or territory, namely, the United Kingdom proper which includes its three Crown Dependencies. Individual overseas territories have legislative independence over immigration, and consequently, BOTC status does not automatically grant the right of abode in any of the territories, as it depends on the territory's immigration laws. A territory may issue belonger status to allow a person to reside in the territory that they have close links with.
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Tax residency rarely impacts citizenship or permanent resident status, though certain residency statuses under a country's immigration law may influence tax residency. This includes the '183 day rule' when the right of abode is invoked.See, e.g., the U.S. IRS explanation of residency regarding the "green card test".
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A person who possessed both Bermudian status and right of abode (or settled status) in the United kingdom could have both indicated in the same passport. A British citizen who did not possess Bermudian status would receive the supposedly Bermudian passport if obtaining it in Bermuda, with the citizenship stamped as "British Citizen" only (unless the holder also possessed status in another territory or held yet another type of British Citizenship). Those who held neither Bermudian status nor the right of abode in the United Kingdom, but who were entitled to a British Passport would also receive the "Bermudian" Passport in Bermuda, with the appropriate citizenship stamped inside. Before 1983, a Bermudian Citizen of the United Kingdom and Colonies, and, after 1983, a British Dependent Territories Citizen with Bermudian status who did not possess the right of abode in the United Kingdom, who obtained a British Passport in the United Kingdom, or at a United Kingdom Consulate in a foreign country, received a normal British Passport (not the Bermudian passport) with the appropriate citizenship rubber stamped inside.
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British Overseas citizens are subject to immigration controls and have neither the right of abode or the right to work in the United Kingdom. BOCs are required to pay an immigration health surcharge to access National Health Service benefits when residing in the UK for longer than six months.
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British subjects without right of abode are subject to immigration controls when entering the United Kingdom. They are required to pay an immigration health surcharge to access National Health Service benefits when residing in the UK for longer than six months and do not qualify for most welfare programmes..
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A Certificate of Entitlement endorsed in the passports of those with the right of abode in the United Kingdom who do not possess or are ineligible for a British Citizen passport. The right of abode (ROA) is an immigration status in the United Kingdom that gives a person the right to enter and live in the UK. It was introduced by the Immigration Act 1971 which went into effect on 1 January 1973. This status is held by British citizens, certain British subjects, as well as certain Commonwealth citizens with specific connections to the UK before 1983. Since 1983, it is not possible for a person to acquire this status without being a British citizen.
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A monument to the Nepalese Gurkha Soldier near the Ministry of Defence in London The Gurkha Justice Campaign was a campaign group in the United Kingdom fighting for the rights of the Gurkhas. It wanted the Gurkhas who fought for the UK to gain the same rights as their British and Commonwealth counterparts. Essentially the group wanted the law to be changed so that all Gurkhas who fought for the UK will gain a right of abode, whereas under previous legislation they only had a right of abode if they retired after 1997. They took their case to the high court, and had the support of a number of celebrities including perhaps most famously Joanna Lumley.
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Permanent residents have the unrestricted right to live and work in Hong Kong and cannot be deported from the territory, regardless of their nationality.. They are required to register for Hong Kong permanent identity cards. (as opposed to standard identity cards which are issued to any person admitted to the territory for more than 180 days), eligible for welfare benefits,. and able to vote in regional elections.. Chinese nationals with territorial right of abode are eligible to hold Hong Kong Special Administrative Region passports, which are different from those issued to mainland residents. Those who additionally do not possess right of abode in foreign countries may stand for office in geographical constituencies of the Legislative Council.
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The government subsequently asked the Standing Committee to provide a new interpretation of Basic Law Article 24, which defines right of abode eligibility, and Article 22, which stipulates that people from other parts of China are required to seek central government approval before entering Hong Kong. The NPCSC duly issued an interpretation that reinforced requirements for mainland exit procedures and restricted eligibility for right of abode to the criteria as it was before the CFA rulings.. The CFA confirmed its effect in local law in Lau Kong Yung v Director of Immigration., at para. 74. While the interpretation resolved the immediate immigration crisis, the constitutionality and legality of bypassing the Court of Final Appeal was widely debated.
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Thus, as he stated, the relief sought by the government would not shield it from suits by other right of abode applicants. Vallejos' solicitor Mark Daly stated that his client's residence application was "100 percent sure" as a result. The Hong Kong Human Rights Monitor was quoted as welcoming the ruling.
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Under the current system, the President shall be a Chinese citizen and permanent resident of Hong Kong SAR of not less than 40 years of age, with no right of abode in any foreign country and has ordinarily resided in Hong Kong for continuous period of not less than 20 years.
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British citizens and British Overseas Territory citizens of Gibraltar can apply for their passport in Gibraltar, where it will be issued by the Gibraltar Civil Status and Registration Office. British citizens can still live, work, and study in Gibraltar at any time, as British citizenship grants right of abode in Gibraltar.
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The right of abode is the most common immigration status in the UK due to its association with British citizenship. However, it should not be confused with the indefinite leave to remain (ILR), another form of long-term residency status in the UK which is more comparable to other countries' permanent residence status.
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Chong was one of three CFA cases relating to the right of abode that year, the other two being Fateh Muhammad v. Commissioner of Registration (which ruled that a foreign national's seven years of "ordinary residence" qualifying him to apply for permanent residence must immediately precede his application, thus disqualifying a Pakistani migrant who resided in Hong Kong since the 1960s but had recently served a four-year prison sentence), and Tam Nga Yin v. Director of Immigration (which ruled that mainland-born children adopted by Hong Kong parents did not thus gain the right of abode). The hearing was held in March, but the Court of Final Appeal refrained from issuing its decision until after the hearings on the latter two cases.
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The British and Chinese governments entered negotiations over the future of Hong Kong in the early 1980s and agreed on the Sino-British Joint Declaration in 1984.. The basic principles for the right of abode are set as part of this treaty, section XIV. and further defined in the Hong Kong Basic Law, Article 24. which encompass the right to land with the added entitlement that a bearer cannot be deported. Belonger status was renamed permanent resident status in 1987, when landed Chinese residents were given the right of abode along with Hong Kong BDTCs.. All BDTCs who did not have a connection with a remaining British Dependent Territory other than Hong Kong lost BDTC status on 1 July 1997.
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Decided by the Provisional Legislative Council, the first-past- the-post voting system was replaced by the proportional representation system in the first LegCo election in 1998. The proportional representation gave an advantage to the weaker pro-Beijing DAB as it did not require a majority to win a seat. Thus in 1995 the Democratic Party won 12 seats in the geographical constituencies with 42.3% of the vote, but it got only 9 seat with 40.2% of the vote in 1998. After the handover, the Right of Abode litigation was initiated immediately and reached its climax in the Court of Final Appeal's (CFA) decisions favouring the right of abode seekers in Ng Ka Ling and Chan Kam Nga lawsuits in January 1999.
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Uniquely, the Norwegian archipelago of Svalbard, located in the High Arctic, is an entirely visa-free zone. Everybody may live and work in Svalbard indefinitely regardless of country of citizenship. The Svalbard Treaty grants treaty nationals equal right of abode as Norwegian nationals. Non-treaty nationals may live and work indefinitely visa-free as well.
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Those who returned to settle in Hong Kong within 18 months after the transfer of sovereignty were automatically regranted the status, while former residents who return after that period can only immediately regain the right of abode if they have not been absent from the territory for any period longer than three years., para. 6.
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He then spent four years in London lobbying for the right of abode for Hong Kong people. In 1991 he returned to HK and served as assistant commissioner of the Television and Entertainment Licensing Authority. He was also working a part-time disc jockey position with the RTHK, when was known as "'Wai Ka Ching (Vulgar Chan)'".
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In the 2011 District Council elections, the Civic Party was hammered by the pro-Beijing media due to its close ties with the legal advisers on the lawsuit of the right of abode for foreign domestic workers who represented one such Filipina.Dioquino, Rose- An Jessica (8 November 2011). "Pro-domestic workers candidates lose in HK polls". GMA Network.
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CY Leung's first public announcement on policy as Chief Executive-elect was to impose a 'zero' quota on mainland mothers giving birth in Hong Kong. Leung further underlined that those who did may not be able to secure the right of abode for their offspring in Hong Kong.Luk, Eddie (17 April 2012). "Door shuts on moms" .
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Uniquely, the Norwegian special territory of Svalbard is an entirely visa-free zone. No person requires a visa or residence permit and anyone may live and work in Svalbard indefinitely, regardless of citizenship. The Svalbard Treaty grants treaty nationals equal right of abode as Norwegian nationals. So far, non-treaty nationals have been admitted visa-free as well.
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He faced unresolved issues in the run-up to the 1997 Handover, such as right of abode arrangements and future treatment of fugitive offenders. He oversaw the 1992 transition of border defence from the British Army to the Hong Kong Police Force. Asprey retired on 4 February 1995 and was succeeded as Secretary for Security by Peter Lai.
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89.. A majority of Hongkongers did not support the extension of residency rights to this minority group, fearing an increase in government spending to accommodate them. The current regulatory environment for FDHs, including the lack of access to right of abode,. continues to be criticised for making this class of minorities particularly vulnerable to domestic exploitation and abuse...
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As a result of the Chong decision, 2,202 children born in Hong Kong to mainland mothers since 1997 immediately became entitled to the right of abode; of their mothers, 232 were illegal immigrants, while 1,821 were overstayers. The ruling led to fears of an influx of mainland women seeking to give birth in public hospitals, as well as calls for the government to seek an NPCSC interpretation in order to prevent that outcome. Acting Secretary for Security Timothy Tong was quoted as stating that the Immigration Department would take steps to tackle the problem of mainland women entering Hong Kong illegally, which was expected to worsen as a result of the ruling. He stated that illegal immigrant and overstaying mothers would be deported to the mainland regardless of their children's right of abode.
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Svalbard Treaty grants treaty nationals equal right of abode as Norwegian nationals. Non- treaty nationals may live and work indefinitely visa-free as well. "Regulations concerning rejection and expulsion from Svalbard" is in force on non-discriminatory basis. Public administration of the archipelago is the responsibility of the Governor of Svalbard, who acts as county governor and chief of police.
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British Overseas citizenship is a form of British nationality under the British Nationality Act 1983. BOCs are British nationals but do not have the right of abode in the United Kingdom. This citizenship is normally for certain people who retained British nationality after independence (e.g. Kenya), but do not have enough ties with the United Kingdom to be British Citizens.
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Nationals normally have the right to enter or return to the country they belong to. Passports are issued to nationals of a state, rather than only to citizens, because the passport is the travel document used to enter the country. However, nationals may not have the right of abode (the right to live permanently) in the countries that grant them passports.
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Pre-school education in Hong Kong is not free and fees are payable by pupils' parents. However, parents whose children have the right of abode in Hong Kong can pay for part of their fees with a voucher from the government under the Pre- primary Education Voucher Scheme (PEVS). In 2013, the amount of subsidy under the PEVS is $16,800.
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Irish-born 'British subjects' qualify for right of abode in the UK, and their British subject passport will be endorsed to this effect. Unlike British subjects from Commonwealth countries, Irish born 'British subject' passport holders (thus having right of abode printed within their passport) including those with this status but currently without any British and/or Irish passport are not entitled to apply for British naturalisation at no cost under the Windrush Scheme (and thus not be liable for the typical full costs normally associated with naturalisation). This is because the rules of the Scheme stipulate that only "a national of one of the Commonwealth countries or territories or groups listed in the Scheme" may apply: the British Ireland Act 1949 recognised that Ireland, by identifying itself in 1948 as a republic, had terminated its membership of the Commonwealth.
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The Hong Kong Identity Card (or HKID) is an official identity document issued by the Immigration Department of Hong Kong to all people who hold the right of abode, right to land or other forms of limited stay longer than 180 days in Hong Kong. According to Basic Law of Hong Kong, all permanent residents are eligible to obtain the Hong Kong Permanent Identity Card which states that the holder has the right of abode in Hong Kong. All persons aged 16 and above must carry a valid legal government identification document in public. All persons aged 16 and above must be able to produce valid legal government identification documents when requested by legal authorities; otherwise, they may be held in detention to investigate his or her identity and legal right to be in Hong Kong.
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The PRC government also does not recognize the ruling of Taiwan (under the Republic of China administration), and considers all territories controlled by ROC as part of China. Hence, traveling between Taiwan and Mainland China are also not considered by Chinese government as international travel. As a result, Taiwan passports are not accepted for entry and transit through Mainland China, and ROC nationals with right of abode in Taiwan ("right of abode" is defined as the eligibility of holding a sign Taiwanese National ID Card) are required to apply for a Mainland Travel Permit for Taiwan Residents, commonly known as "Taiwan Compatriot Permit", before visiting Mainland China. The 5-year permit, which also serves as the de facto ID card in Mainland China, can be applied from travel agencies in Taiwan and CTS in Hong Kong or Macau.
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Hukou is not employed in the Special administrative regions of China, e.g. Hong Kong and Macau, though identification cards are mandatory for residents there."China Law Deskbook: A Legal Guide for Foreign-invested Enterprises, Volume 1", by James M. Zimmerman, p. 406, publisher = American Bar Association, year = 2010 Instead, both SARs grant right of abode to certain persons who are allowed to reside permanently in the regions.
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Persons without the right of abode or right to land in Hong Kong, regardless of their nationality, require visas if they wish to take up residence in the territory. Persons granted these visas become "non-permanent residents". Immigration Department policy places restrictions on the ability of nationals of Afghanistan, Cambodia, Cuba, Laos, Nepal, North Korea, and Vietnam to apply for most kinds of visas.
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Singapore imposes strict controls on stateless individuals and refugees, and reduces length of stay for British nationals without right of abode in the United Kingdom, but does not distinguish between ROC passports with and without national ID numbers. As a result of tension over the Artsakh dispute, Azerbaijan currently forbids entry to Armenian citizens as well as to individuals with proof of travel to Artsakh.
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Prior to 1983, the citizenship for British citizens from the United Kingdom or the colonies was Citizen of the United Kingdom and Colonies. After 1983, when citizens in the United Kingdom became British Citizens, colonials became British Dependent Territories Citizens (as this was purely to enable the British Governments immigration authorities to distinguish and discriminate against colonials, this type of British Citizenship did not entitle the holder to right of abode in any British Dependent Territory, including Bermuda. Bermudian status was indicated by the addition of (Bermuda) after British Dependent Territories Citizen on the rubber stamp), losing the right of abode in the United Kingdom unless already settled in the United Kingdom or having been born in, or having a parent who had been born in, the United Kingdom. Prior to 2002, it was not legal for a person to hold two British passports.
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Almost five years after Hong Kong was transferred to China, Parliament restored access to full British citizenship and right of abode in the United Kingdom to virtually all British Dependent Territories citizens.Richard Spring, , col. 483. The sole exception to this was for those living in Akrotiri and Dhekelia, which were excluded due to their status as military bases as specified in the treaty establishing Cyprus.Ben Bradshaw, , col. 479.
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A person automatically loses permanent residence status upon becoming a Canadian citizen. A permanent resident may also voluntarily renounce their status if the person possesses a citizenship or right of abode in another country. A person who gives up their status inside Canada must depart the country or apply for a temporary resident visa. A permanent resident does not lose their status if their permanent resident card expires.
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Household registration is a Taiwanese civil and family registration system. The modern household registration system was started in early 20th century when Taiwan was under Japanese rule. Currently the system is administered by the Ministry of the Interior. Under Taiwanese law, household registration guarantees an individual the right of abode in Taiwan, and the ability to fully exercise their civil and political rights, such as the right to vote.
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Voting rights and freedom of movement are tied to the region in which a Chinese citizen is domiciled, determined by hukou in mainland China and right of abode in the two special administrative regions. Although Chinese law makes possessing multiple citizenships difficult, a large number of residents in Hong Kong and Macau have some form of British or Portuguese nationality due to the history of those regions as former European colonies.
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Vendersheim was among the places that became simultanea, that is, Catholic, Lutheran and Reformed citizens were and would remain entitled to their right of abode. Junker Faust became Catholic in 1660 and the church's estate in Vendersheim passed to the Catholic Church. The family von Faust died out in 1730 and Vendersheim passed to the House of the Counts at Eltz (Grafen zu Eltz). Saint Martin's Church became a simultaneous church.
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Nevertheless, some of those in favour of legal same-sex marriage object that civil partnerships fall short of granting equality. Both same-sex marriages and civil unions of other nations will be automatically considered civil partnerships under UK law providing they came within Section 20 of the Act. This means, in some cases, non-Britons from nations with civil unions will have greater rights in the UK than in their native countries. For example, a Vermont civil union would have legal standing in the UK, however in cases where one partner was American and the other British, the Vermont civil union would not provide the Briton with right of abode in Vermont (or any other US state or territory), whereas it would provide the American with right of abode in the UK. In September 2011, the succeeding coalition government announced its intention to legalise same-sex marriage in England and Wales by 2015 at the latest.
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The British National (Overseas) status itself does not automatically grant the right of abode anywhere (including the United Kingdom and Hong Kong). However, all BN(O)s possess the right of abode or right to land in Hong Kong by virtue of their previous British Dependent Territories Citizen status with connection to British Hong Kong. In this case, the following statement is printed in their BN(O) passport: British Nationals (Overseas) enjoy visa-free access for up to six months as a visitor entering the United Kingdom, however this limit may be extended in 12 months stints in the aftermath of the People's Republic of China's controversial passage of the May 2020 National Security Law and potentially lead to a future pathway to citizenship. The following statement is printed in each British National (Overseas) passport: British passports issued to British citizens after 29 March 2019 no longer carry the words "European Union" on the cover, making them identical to BN(O) passports in appearance.
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Chong filed suit against the Director of Immigration in the Court of First Instance, claiming to be a permanent resident with the right of abode under BL 24(2)(1). Gladys Li represented Chong, while Joseph Fok represented the Director of Immigration. On 24 December 1999, Judge Frank Stock of the CFI ruled in Chong's favour, stating that the provision of the IO in question derogated from his rights under BL 24(2)(1).
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Protests continued in 2012 as the appeal date drew near. On 29 January, Filipino migrant groups held a prayer vigil in Central supporting the right of abode for foreign domestic helpers. On 21 February, the first day of the Court of Appeal case, the Hong Kong Social Concern Group (香港社會關注組) organised protests calling on the government to seek an interpretation of the Basic Law from the NPCSC.
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Permanent residency in Canada is a status granting someone who is not a Canadian citizen the right to live and work in Canada without any time limit on their stay. To become a permanent resident a foreign national must apply to Immigration, Refugees and Citizenship Canada (IRCC), formerly known as Citizenship and Immigration Canada, under one of several programs. One of the main benefits of permanent residency is the conferred right of abode in Canada.
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Most (but not all) former CI holders were solely People's Republic of China (PRC) citizens. Many of them were immigrants from mainland China who had acquired the right of abode in Hong Kong. They did not co-hold any type of British nationality (See British nationality law and Hong Kong for details pertaining to various kinds of British nationalities). Before the handover, they were not eligible for any kinds of PRC passports.
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In 1999, Hong Kong's Court of Final Appeal ruled that children born on the mainland would be entitled the right of abode in Hong Kong so long as either parent was a Hong Kong permanent resident. This decision led to the government's reinterpretation of the Basic Law which overturned the ruling and determined that a parent would have to be a Hong Kong permanent resident at the time of the child's birth to transmit residency.
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Traditional ways of life in the Indigenous inhabitants villages in the New Territories collapsed at the end of WWII. Unable to earn a living in the newly industrialised economy of post-war Hong Kong, many villagers exercised their right of abode in the United Kingdom and left for Europe. In 1967, a series of large-scale riots erupted in Hong Kong, causing social instability. These events led some of the richer Hong Kong residents to move abroad.
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In rejecting Liang's application, Ma stated: "We feel that the points you seem to argue are adequately covered and will be adequately covered". Liang and other Hong Kong- born children like her were ruled to be entitled to the right of abode in Hong Kong in the 2001 case Director of Immigration v. Chong Fung Yuen. Vallejos and Domingo's appeal came before the CFA on 26 February 2013, in a hearing that would last for three days.
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Turkey and the United Kingdom have signed but never ratified Protocol 4. Greece and Switzerland have neither signed nor ratified this protocol. The United Kingdom's failure to ratify this protocol is due to concerns over the interaction of Article 2 and Article 3 with British nationality law. Specifically, several classes of "British national" (such as British National (Overseas)) do not have the right of abode in the United Kingdom and are subject to immigration control there.
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Chinese nationals with the right of abode in Macao can enter Hong Kong visa-free for a maximum period of 180 days solely with their Macao permanent identity card. Non-permanent residents of Macao can enter for up to 30 days if they hold a Visit Permit for Residents of Macao SAR to Hong Kong SAR. Holders of MSAR passports or MSAR Travel Permits are granted a stay of 7 days providing they are transiting to a third country.
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The Nationality, Immigration and Asylum Act 2002 has also granted British Overseas Citizens, British Subjects and British Protected Persons the right to register as British citizens if they have no other citizenship or nationality and have not after 4 July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality. Previously such persons would have not had the right of abode in any country, and would have thus been de facto stateless.
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The governors of the territories may also allow naturalization of non-BOTCs as BOTCs. Gibraltarians dress in their national colours of red and white during the 2013 Gibraltar National Day celebrations. Gibraltarians were the only group of overseas territories residents who could apply for full British citizenship without restrictions before 2002. From 1949 to 1983, the nationality status of Citizenship of UK and Colonies (CUKC) was shared by residents of the UK proper and residents of overseas territories, although most residents of overseas territories lost their automatic right to live in the UK after the ratification of Commonwealth Immigrants Act 1968 that year unless they were born in the UK proper or had a parent or a grandparent born in the UK. In 1983, CUKC status of residents of overseas territories without the right of abode in the UK was replaced by British Dependent Territories citizenship (BDTC) in the newly minted British Nationality Act 1981, a status that does not come with it the right of abode in the UK or any overseas territory.
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Acknowledgement of Application for HKID Permanent HKID holders have the Right of Abode () in Hong Kong. Under the Basic Law of Hong Kong, a person who belongs to one of the following categories is a permanent resident of the HKSAR with right of abode privileges: # Chinese citizen born in Hong Kong before or after the establishment of the HKSAR # Chinese citizen who has ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the HKSAR. # Person of Chinese nationality born outside Hong Kong before or after the establishment of the Hong Kong Special Administrative Region to a parent who, at the time of birth of that person, was a Chinese citizen falling within category (1) or (2). # Person not of Chinese nationality who has entered Hong Kong with a valid travel document, has ordinarily resided in Hong Kong for a continuous period of not less than seven years and has taken Hong Kong as his place of permanent residence before or after the establishment of the HKSAR.
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Chong Fung Yuen (which gave Hong Kong permanent residence to Hong Kong-born children of non-Hong Kong resident mainland parents). In Rao's opinion the NPCSC had already clearly explained Article 24 of the Basic Law in its 1999 interpretation in the aftermath of Ng Ka Ling v. Director of Immigration, and in particular had established that the Hong Kong government had the right to use the Immigration Ordinance to control who gained the right of abode in Hong Kong.
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BOTCs only have visa-free entry to the UK if they have a certificate of right of abode or if they have obtained and are travelling on a full British Citizen passport. Otherwise a visa is not required for a visit of up to six months, for example as a General Visitor or as a Short-Term Student, but a visa is required for other study, for work, for joining family or for any other stay of more than six months.
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However, British nationality law allows BN(O)s and BOCs who are otherwise stateless to register for full British citizenship. In addition, the Chinese nationality law as applied in Hong Kong provides the option of naturalisation as a Chinese national. Chinese citizens from the mainland who had migrated to Hong Kong on a One-way Permit lose their mainland hukou (household registration). They then must reside in Hong Kong for 7 years before gaining the right of abode in Hong Kong.
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In 1978, Ma was called to the Bar by Gray's Inn in London and commenced his practice as a Barrister in England and Wales; he was then called to Bar in Hong Kong, State of Victoria, Australia and Singapore in 1980, 1983 and 1990 respectively. He was appointed Queen's Counsel in 1993. During his time as a barrister, Ma was instructed for many high-profile cases. He was the senior counsel representing the Director of Immigration in the right of abode cases.
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Tung Chee-hwa was appointed as the first Chief Executive of the HKSAR by Premier Li Peng under State Council Order 207 at the Great Hall of the People in Beijing on 18 December 1996. Tung was subsequently sworn in at midnight on 1 July 1997 as the HKSAR was formally established. His term of office was compounded with serious social problems including the right of abode issue, the Asian financial crisis, the bird flu pandemic and a host of other issues.
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If residents move, they must re- register at a municipal office (). ROC nationals with household registration in Taiwan are known as "registered nationals". ROC nationals who do not have household registration in Taiwan (known as "unregistered nationals") do not qualify for the Identification Card and its associated privileges (e.g., the right to vote and the right of abode in Taiwan), but qualify for the Republic of China passport, which unlike the Identification Card, is not indicative of residency rights in Taiwan.
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She continues to practice and specialises in civil law. Notable pupils of hers include Andrew Cheung, permanent judge of the Court of Final Appeal. Before entering politics, Eu was the chair of the Hong Kong Bar Association. She shot to prominence on the right of abode issue, at the time of the transfer of sovereignty to the People's Republic of China in 1997, she held a firm stance against the interpretation of the Hong Kong Basic Law by the National People's Congress.
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CUKCs and other Commonwealth citizens had the right of abode in the UK only if they, their husband (if female), their parents or their grandparents were connected with the United Kingdom. This placed the UK in the rare position of denying some of its nationals entry into their country of nationality. However, the concept of patriality was only a temporary solution to halt a sudden wave of migration. The British government later reformed the law, resulting in the British Nationality Act 1981.
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The five appellants were all students who had come to the UK to study. None of them had the right of abode in the United Kingdom. It established these principles: Ordinary residence is established if there is a regular habitual mode of life in a particular place "for the time being", "whether of short or long duration", the continuity of which has persisted apart from temporary or occasional absences. The residence must be voluntary and adopted for "a settled purpose".
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However, Beijing authorities rejected their suggestion that Hong Kong people had an independent role to play in the negotiations. From 1985 to 1988, Dunn was the Senior Member of the Legislative Council. In 1988, she succeeded Chung to become the Senior Member of the Executive Council. After the signing of the 1984 Sino-British Joint Declaration, which ensured Chinese sovereignty over Hong Kong after 1997, Dunn urged the British government to grant Hong Kong residents the right of abode in Britain.
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The Act replaced employment vouchers with Work permits, allowing only temporary residence. Commonwealth citizens who had been settled in the UK for five years when the Act came into force, (1 January 1973), also had the right to register and thus possibly the right of abode. Others would be subject to immigration controls. Apart from the five-year residence qualification, the right to live in the UK and to enter free from immigration control was determined by birth or parentage, not by nationality.
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A row immediately ensued when the Democrats sought to attack Gregory So and other appointees over their foreign passports. The government maintained that this was not prohibited by the Basic Law. Donald Tsang said the Basic Law's right-of-abode requirements only applied to a small number of principal officials of the Government and the Judiciary. Tsang added that restricting the posts to those without overseas abode rights would be detrimental to the aim of absorbing and grooming more talented political hopefuls.
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The ROC passport of a national without household registration does not have an identification card number listed on its data pages in the empty spaces labeled (1). An Entry permit for NWOHR, which is mandatory for entering Taiwan Around 60,000 Taiwan passport holders are NWOHRs, accounting for approximately 0.5% of total valid passports. NWOHRs are overseas nationals without household registration in Taiwan, and hence do not have the right of abode in Taiwan, Penghu, Kinmen, Matsu and other outlying islands.
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Furthermore, not all Chinese nationals in Hong Kong or Macau have a Home Return Permit. Unlike the compulsory Hong Kong Identity Card, application for a Home Return Permit is voluntary. Those who do not apply for the Permit are still eligible for an HKSAR passport issued by the Immigration Department of Hong Kong, or an MSAR passport by the Identification Services Bureau of Macau. The SAR passports are only issued to Chinese nationals with the right of abode in Hong Kong or Macau.
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Gibraltarians in the United Kingdom may be Gibraltarian-born immigrants to the United Kingdom or their British-born descendants. Gibraltar is a British overseas territory therefore it allows individuals born there the right of abode in the United Kingdom. They hold British Overseas Territory Citizenship but may apply for registration as a British citizen (an entitlement that cannot be refused) under section 5 of the British Nationality Act 1981 and are considered United Kingdom nationals for European Union purposes with all consequential rights and entitlements.
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The term "anchor babies in Hong Kong" () refers to children born in Hong Kong whose parents (usually from Mainland China) are not Hong Kong permanent residents. Since 2003, an Individual Visit Scheme targeted to boost the economy of Hong Kong has begun. It provides an opportunity for pregnant women visiting from Mainland China to give birth to their infants in Hong Kong. This entitles their children to the right of abode in Hong Kong as well as the opportunity to benefit from Hong Kong's education system.
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Part 10 of the Act (sections 130 to 137) gives the Secretary of State the power to designate as "foreign criminals" certain criminals who are not British citizens and do not have the right of abode. Designated foreign criminals have a special status under immigration law, and may be required to comply with conditions as to their residence, employment, and compulsory reporting to the police or a government office. Failure to comply is an imprisonable offence. As of July 2018, Part 10 is not yet in force.
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The Immigration Department of the Government of Hong Kong is responsible for immigration control of Hong Kong. After the People's Republic of China assumed sovereignty of the territory in July 1997, Hong Kong's immigration system remained largely unchanged from its British predecessor model. Residents from mainland China do not have the right of abode in Hong Kong, nor can they enter the territory freely, both before and after 1997. There are different regulations that apply to residents of Macau, another Special Administrative Region of China.
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British subjects who do not have right of abode in the United Kingdom are exempted from obtaining a visa or entry certificate when visiting the UK for less than six months.. When travelling in other countries, they may seek British consular protection. British subjects are not considered foreign nationals when residing in the UK and are entitled to certain rights as Commonwealth citizens. These include exemption from registration with local police, voting eligibility in UK elections,. and the ability to enlist in the British Armed Forces.
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Based on 2011 data from the Hong Kong Immigration Department, the Consulate General of South Korea in Hong Kong reported to the Ministry of Foreign Affairs and Trade that there were 13,288 South Korean nationals in Hong Kong. Unlike in Mainland China, their population features a larger number of women than men: 7,613 women (57%) vs. 5,675 men (43%), a sex ratio of 1.34 to 1. 4,005 (30%) have the right of abode in Hong Kong, while the remaining 9,483 (70%) hold other types of visas.
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The equivalent to belonger status in the Pitcairn Islands is the 'right of abode', which is a status that is specifically protected by Article 22 of the Pitcairn Constitution, namely that a holder "cannot be arbitrarily deprived of this right". Persons with the 'right to abode' in Pitcairn can apply to the Governor for a 'certificate of entitlement' as evidence of this right. As with other BOTs, this can be obtained through birth, descent or through a form of naturalisation that is linked to permanent residence.
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As of 7 January 2020, holders of ordinary Republic of China passports (for ROC nationals with Taiwan area household registration who therefore possess right of abode in Taiwan and also the right to obtain a National Identity Card) had visa-free or visa on arrival access to 146 countries and territories, ranking the Republic of China passport 32nd in the world in terms of travel freedom (tied with the Mauritius and St. Vincent and the Grenadines passports), according to the Henley Passport Index 2020.
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Minimum age to vote was reduced from 21 to 18 years in 1995. The Basic Law, the constitution of the territory since 1997, stipulates that all permanent residents (a status conferred by birth or by seven years of residence) have the right to vote. The right of permanent residents who have right of abode in other countries to stand in election is, however, restricted to 12 functional constituencies by the Legislative Council Ordinance of 1997. The right to vote and the right to stand in elections are not equal.
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Fateh Muhammad v. Commissioner of Registration and Registration of Persons Tribunal was a 2001 case in the Court of Final Appeal, Hong Kong by a Pakistani migrant seeking the right of abode in Hong Kong. The case concerned provisions of the Immigration Ordinance requiring that a non-Chinese national's seven years of "ordinary residence" qualifying him to apply for permanent residence immediately precede his application. The unanimous opinion, written by Justice Kemal Bokhary (himself of Pakistani background), ruled that those provisions were not inconsistent with the Hong Kong Basic Law.
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Fateh Muhammad was a Pakistani migrant who had resided in Hong Kong since 1962. He was sentenced to four years in prison in 1993 for conspiracy to utter forged banknotes. The Secretary for Security ordered that he be deported from Hong Kong upon completion of his sentence. Muhammad applied to the Director of Immigration for verification of eligibility for a Hong Kong permanent identity card; effectively, he sought to assert that he had the right of abode in Hong Kong and thus under Immigration Ordinance 2A(1)(c) could not be deported.
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Director of Immigration v. Chong Fung Yuen was a 2001 case in Hong Kong's Court of Final Appeal. Chief Justice Andrew Li, in the Court's unanimous opinion, affirmed lower court decisions that Chinese citizens born in Hong Kong enjoyed the right of abode regardless of the Hong Kong immigration status of their parents. The case touched on issues of interpretation of the Hong Kong Basic Law, both common law interpretation by courts in Hong Kong as well as interpretation by the Standing Committee of the National People's Congress (NPCSC) of the People's Republic of China.
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Lau Kong Yung v. Director of Immigration was a 1999 right of abode case in the Hong Kong Court of Final Appeal following closely on the heels of the landmark Ng Ka Ling v. Director of Immigration decision earlier that year. After Ng and the two prior actions in Lau, but before the case came before the CFA, the Standing Committee of the National People's Congress (NPCSC) of the People's Republic of China issued an interpretation of the Basic Law which affected the rights of Lau and his fellow applicants.
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A British protected person (BPP) is a member of a class of British nationality associated with former protectorates, protected states, and territorial mandates and trusts under British control. Individuals with this nationality are British nationals, but are neither British nor Commonwealth citizens. Nationals of this class are subject to immigration controls when entering the United Kingdom and do not have the automatic right of abode there or any other country. This nationality was created to accommodate residents of certain areas that were under British protection or administration but not formally incorporated as Crown dominions.
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A British Overseas Territories citizen holds British nationality by virtue of a connection with a British Overseas Territory. British Overseas Territories citizens (BOTCs) enjoy visa-free entry to a number of countries and territories. However, in some cases, foreign authorities only grant them a visa-free entry if they present a passport with an endorsement stating their right of abode in the United Kingdom. Visa requirements for other classes of British nationals such as British citizens, British Nationals (Overseas), British Overseas citizens, British Protected Persons or British Subjects are different.
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In 2013, he acquired right of abode in Hong Kong through legal channels to much media attention and public outcry. On 12 September 2000, the Executive Council advised and the Chief Executive ordered that Immigration Officer Leung should be given permanent earth burial at Gallant Garden. Spurred by the circumstances of Leung's death, the government added an exemption clause to the six-year exhumation policy in public cemeteries applicable to people who died carrying out an "exceptional act of bravery". Leung was thus the first civil servant to be permanently buried at Gallant Garden.
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HKID holders who possess right of abode or right to land are automatically eligible to use the e-Channel when arriving at or departing from Hong Kong. The e-Channel is not available when using an HKSAR passport and the person must clear immigration at an inspection counter if he or she arrives at or depart from a port of entry without HKID. Non-permanent residents are also eligible if they hold a Hong Kong Document of Identity for Visa Purposes or if they are successfully registered for e-Channel.
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Recent changes to India's Citizenship Act, 1955 (see Indian nationality law) will also allow some children of Indian origin, born in Hong Kong after 7 January 2004, who have a solely BN(O) parent to automatically acquire British Overseas citizenship at birth under the provisions for reducing statelessness in article 6(2) or 6(3) of the Hong Kong (British Nationality) Order 1986. If they have acquired no other nationality after birth, they will be entitled to subsequently register for full British citizenship] with right of abode in the UK.
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Retrieved 29 October 2014 Pregnant mainland women were seeking to give birth in Hong Kong, specifically to benefit from the right of abode and thereby the ability to enjoy social welfare in the city. Hong Kong citizens expressed concerns that the pregnant women and anchor babies put a heavier burden on Hong Kong's medical system. Some of them even called mainlanders "locusts" for taking away Hong Kong's resources from locals."800人捐款 五日籌十萬高登下周登報促截「雙非」" .
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Chong Fung Yuen affirmed that this right extends to the children of mainland Chinese parents who themselves are not residents of Hong Kong. As a result, there has been an influx of mainland mothers giving birth in Hong Kong in order to obtain right of abode for the child. In 2009, 36% of babies born in Hong Kong were born to parents originating from Mainland China. This has resulted in backlash from some circles in Hong Kong to increased potential stress on the territory's social welfare net and education system.
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The electronic passport in 2018 and beyond Previously issued non-biometric machine-readable passports usually remain valid until their respective expiration dates. Passport control at an airport A passport holder is normally entitled to enter the country that issued the passport, though some people entitled to a passport may not be full citizens with right of abode (e.g. American nationals or British nationals). A passport does not of itself create any rights in the country being visited or obligate the issuing country in any way, such as providing consular assistance.
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Commentators, such as Albert Cheng, noted that the fighting between pro-democracy parties was heating up, but forecast few changes in the overall party standings of the new Council. He cited proportional representation as a mechanism, which built in protection for a multi-party system. There were some concerns that those seeking the right of abode in Hong Kong felt pressured by lobbyists supporting the DAB. Two advocacy groups echoed abode-seekers' in being bombarded with telephone calls and other pressures to vote for the DAB, or for Regina Ip.
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Until 1962, all Commonwealth citizens could enter and stay in the United Kingdom without any restriction. Anticipating immigration waves from former and current colonies in Africa and Asia with the decolonisation of the 1960s, the United Kingdom passed the Commonwealth Immigrants Act 1962 and Commonwealth Immigrants Act 1968 to tighten immigration control for CUKCs into the United Kingdom. As such, CUKCs connected with Hong Kong were subject to immigration control after 1962. Finally, under the Immigration Act 1971, the concept of patriality or right of abode was created.
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While many outsiders use the terms 'Gibraltarians', 'people of Gibraltar' and 'residents of Gibraltar' interchangeably, strictly speaking, 'Gibraltarian' should be used only to describe those British citizens registered as having Gibraltarian status. The UK originally regarded Gibraltarians as British Overseas Territories citizens (BOTC). In 1981 Gibraltarians successfully campaigned against this classification under the British Nationality Act, which would have deprived them of the right of abode in the UK, along with other colonial subjects. This was partly due to Gibraltar's status as part of the then European Community (now European Union).
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Ordinarily resident in this context excludes certain classes of people, including central government officials, foreign domestic helpers, and incarcerated individuals.. Chinese nationals may qualify using any seven-year residence period, while foreigners are only eligible on the basis of the seven years immediately preceding their applications. Individuals from mainland China seeking to settle in Hong Kong are additionally subject to emigration control by the central government. Article 22. Permanent residents who are not Chinese nationals automatically lose the right of abode if they are absent from Hong Kong for more than three years.
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Shelley Rigger, "Nationalism versus Citizenship on Taiwan," in Changing Meanings of Citizenship in Modern China, Merle Goldman, Elizabeth Jean Perry ed. (Harvard University Press, 2002), 360-61. Countries granting visa-free privileges to Taiwan passport holders often require a Taiwanese National ID number imprinted on the passport's biodata page, which signifies the holder's right of abode in Taiwan. The Republic of China passport is one of five passports with the most improved rating globally since 2006 in terms of the number of countries that its holders may visit without a visa.
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Chong Yiu Shing applied for permanent residency on his behalf. At the time of Chong's birth, another major right of abode case had already been set in motion, and would eventually reach the CFA as Ng Ka Ling v. Director of Immigration. Following the unfavourable ruling for the Director of Immigration in that case, the Chief executive of Hong Kong (then Tung Chee Hwa) sought and on 26 June 1999 obtained an interpretation of Articles 22(4) and 24(2)(3) of the Basic Law from the NPCSC. That interpretation referred to the Basic Law Preparatory Committee's legislative intent behind the whole of Article 24 in rendering its decision. Chong's case turned on Article 24(2)(1) of the Basic Law ("BL 24(2)(1)"), which states that permanent residents of Hong Kong include "Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region", and Paragraph 2(a) of Schedule 1 to the Hong Kong Immigration Ordinance, which restricted that provision to persons whose "father or mother was settled or had the right of abode in Hong Kong at the time of the birth of the person or at any later time".
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Consequently, judges from other common law jurisdictions (including England and Wales) can be recruited and continue to serve in the judiciary according to Article 92 of the Basic Law. On the other hand, the power of interpretation of the Basic Law itself is vested in the Standing Committee of the National People's Congress (NPCSC) in Beijing (without retroactive effect), and the courts are authorised to interpret the Basic Law when trying cases, in accordance with Article 158 of the Basic Law. This arrangement became controversial in light of the right of abode issue in 1999, raising concerns for judicial independence.
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Unlike members of other British nationality classes, British protected persons are not Commonwealth citizens.. BPPs are subject to immigration control and have neither the right of abode nor the right to work in the United Kingdom. They are required to pay a "health surcharge" to access National Health Service benefits when residing in the UK for longer than six months. They do not have the right to vote in UK elections and are ineligible to stand for election to the House of Commons and local government.. They are additionally barred from being sitting members in the House of Lords.
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On 28 June 2006, the HKSAR imposed the Quality Migrant Admission Scheme. It is a scheme which aims at attracting highly skilled or talented persons who are fresh immigrants not having the right to enter and remain in Hong Kong to settle in Hong Kong in order to enhance Hong Kong's economic competitiveness in the global market. Successful applicants are not required to secure an offer of local employment before their entry to Hong Kong for settlement. Many Mainland artists and former national sportsmen/sportswomen have applied for the right of abode via this way, such as Li Yundi and Lang Lang.
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HKID cards contain the bearer's HKID number, of which the standard format is X123456(A). X represents any one or two letters of the alphabet. The letter U followed by any letter of the alphabet (UH and UY are common, though others exist) are usually given to mothers who have just given birth, but may or may not have right of abode in Hong Kong, and are therefore temporary until a proper number can be established. Also, babies cannot hold HKIDs but hospital filing systems are based on ID number, hence the need to assign temporary ones.
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Hong Kong residents who were born in Hong Kong in the British-administered era could acquire the British Dependent Territories citizenship. Hong Kong residents who were not born in Hong Kong could also naturalise as a British Dependent Territories Citizen (BDTC) before the handover. To allow them to retain the status of British national while preventing a possible flood of immigrants from Hong Kong, the United Kingdom created a new nationality status, British National (Overseas) that Hong Kong British Dependent Territories citizens could apply for. Holders of the British National (Overseas) passport - BN(O) - have no right of abode in the United Kingdom.
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British Nationality (Hong Kong) Act 199 legislation.gov.uk, retrieved 8 March 2013 After reunification, all PRC citizens with the right of abode in Hong Kong (holding Hong Kong permanent identity cards) are eligible to apply for the HKSAR passport issued by the Hong Kong Immigration Department. As the visa- free-visit destinations of the HKSAR passport are very similar with that of a BN(O) passport and the application fee for the former is much lower (see articles HKSAR passport and British passport for comparison and verification), the HKSAR passport is becoming more popular among residents of Hong Kong.
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Also see British Nationality Law Different classes in British nationality law have led to situations in which people were considered British subjects but not nationals, or in which people held a British passport without right of abode in the United Kingdom. Examples include British protected persons, who are considered British nationals. British nationals (irrespective of the class of nationality) who reside abroad but are not entitled to protection by the British government are de facto stateless. Many situations that put people at risk of statelessness were resolved after 30 April 2003, when the Nationality, Immigration and Asylum Act of 2002 came into force.
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He was called to the Bar by the Middle Temple and achieved top marks in the Bar Exams.Legco website He took silk in 1990 and was the chairman of the Hong Kong Bar Association from 1999 to 2001. He continues to practice from Temple Chambers, where he served as Head of Chambers from 2001 to 2006. Eight days after his election as Bar chairman on 21 January 1999, the Court of Final Appeal ruled that mainland Chinese children born before their parents became Hong Kong permanent residents were entitled to right of abode in the city.
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It is the possession of belonger status that provides the right. Acquisition of belonger status in a British Overseas Territory does not automatically confer BOTC, but most people holding such status are eligible for registration or naturalisation as a BOTC upon meeting the requirements of the 1981 Act. Similarly, it is possible to lose belonger status in a territory while retaining BOTC or British citizenship. The British Overseas Territories Act 2002 also conferred British Citizenship upon BOTCs (other than those solely connected with the Sovereign Base Areas of Cyprus), which provides for a right of abode in the United Kingdom.
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Under Taiwanese law, household registration guarantees an individual the right of abode in Taiwan, and the ability to fully exercise their civil and political rights, such as the right to vote. Thus, the term national with household registration is sometimes used to refer to a citizen in official documents. Note that under the current Taiwanese nationality law, a person with Taiwanese nationality does not necessarily have household registration. Although a national without household registration is eligible to apply for a Taiwan passport, these passports differ from those issued to Taiwanese citizens with the former having far more restrictions than the latter.
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The reform packages were ferociously criticised by the Beijing government for violating the Sino-British agreements. During the reform packages discussions, Lau proposed a private member's bill which would have allowed all 60 Legislative Council seats to be directly elected in the 1995 election. The bill was beaten by only one vote. In 1993, Lau tabled a motion to seek assurances of right of abode in Britain for the British National (Overseas) passport holders in case they were expelled from Hong Kong after 1997. The motion was supported by 36 legislators but was rejected by the Secretary for Security Alistair Asprey.
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As a special administrative region of China, Hong Kong does not have its own nationality law and natural- born residents are generally Chinese citizens. Prior to 1997, the territory was a colony of the United Kingdom and right of abode was tied to British nationality law. Although Hong Kong, mainland China, and Macau constitute a single country, local residents with Chinese citizenship do not have automatic residence rights in either of the other two jurisdictions, which both control immigration separately. Conversely, mainland Chinese and Macanese residents do not automatically have residence or employment rights in Hong Kong.
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Chinese nationality is usually conferred by descent to children born abroad, unless the parents have obtained permanent residency in another country or foreign citizenship. However, while Chinese nationals born in mainland China to Hong Kong permanent resident parents do have right of abode, they must first be approved for One- way Permits by mainland authorities before claiming permanent residency.. Residents of Macau also do not have automatic right of entry into Hong Kong. Nonresidents seeking to become permanent residents must be ordinarily resident in Hong Kong for a continuous period of at least seven years before becoming eligible for the status., para. 1.
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Foreign domestic helpers (FDHs), live-in female household workers mostly from the Philippines, constitute the largest non-Chinese minority group in Hong Kong.. They are not considered ordinarily resident in the territory and cannot claim permanent residency.. Racial tension between these workers and local residents,. pervasive perceptions of FDHs as being lower class,. and a general public unwillingness to integrate them led some FDHs to more actively protest their disadvantaged legal status.. However, in 2013, the Court of Final Appeal upheld existing government exclusion of FDHs from right of abode eligibility in Vallejos v Commissioner of Registration., at para.
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The Democratic Party supported the right of abode seekers and opposed strongly to the government's decision to refer the National People's Congress Standing Committee (NPCSC) to interpret the Basic Law. Party chairman Martin Lee condemned this move as "a dagger striking at the heart of the rule of law" and in symbolic protest walked out of the Legislative Council with 18 other members, all dressed in black. However, the party appeared to suffer from popular discontent with the party's position. The party was also criticised for failing to broaden its post-1997 agenda and develop a well-defined social base.
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Indeed, for some years, the British authorities refused to accept Irish passports. Starting from the basis of common citizenship, the two states to this day provide reciprocal recognition to each others' citizens. British and Irish citizens can avail themselves of public services (for example, health care and social welfare) in each other's jurisdictions on an equal basis and are entitled to the right of abode, with deportation only in the most exceptional of circumstances. They each have equal voting (and standing) rights in all elections held across the United Kingdom and Ireland (except for the election of the President of Ireland and referenda).
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Sample ROC passport of nationals with no national ID number. In some cases, border control policies target stateless individuals, or individuals holding nationality statuses without right of abode, including individuals with Republic of China (ROC) passports without a national ID, and British Subjects or British Overseas Citizens without indefinite leave to remain in the United Kingdom. ROC nationals without ID numbers do not, for instance, have access to the U.S. Visa Waiver Program, or to visa free access to the Schengen Area or Japan. Other countries, such as India which allows all Chinese nationals to apply for eVisas, don't make such a distinction.
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However, on 29 May, Gregory So broke silence and said he would renounce his Canadian citizenship; Raymond Tam surrendered his British Passport. As at 4 June 2008, five undersecretaries had declared they were giving up their foreign passports citing public opinion as an overriding factor, and one assistant had also initiated the renunciation process. Speaking in the Legislative Council on 4 June, Stephen Lam defended the government stance. He said that the Basic Law made it clear that Principal Officials must be Chinese citizens and Hong Kong permanent residents with no right of abode in a foreign country.
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Roger Mark Selya, Development and Demographic Change in Taiwan (World Scientific, 2004), p. 329. It is worth noting that the vast majority of Chinese-descent residents in Hong Kong, Macau or Mainland China are also nationals of the People's Republic of China (PRC) and do not hold any identification documents issued by the ROC. Individuals in the latter two categories may be eligible for a ROC passport under certain conditions, but do not have household registration in Taiwan (i.e. they are "nationals without household registration", or "NWOHR"), and thus do not enjoy the right of abode in Taiwan.
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A British Overseas Territories citizen (BOTC), formerly called British Dependent Territories citizen (BDTC), is a member of a class of British nationality granted to people connected with one or more of the British Overseas Territories. This category was created to differentiate between British nationals with strong ties to the United Kingdom and those connected only with an overseas territory. Individuals with this nationality are British nationals and Commonwealth citizens, but not British citizens. This status does not give the holder right of abode in the United Kingdom but since 2002, almost all BOTCs simultaneously hold British citizenship, except for those connected only with the territory of Akrotiri and Dhekelia.
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In the Chong decision, the Court of Final Appeal laid down an important principle of its approach to interpretation of the Basic Law. In Chong, the Court of Final Appeal held that 26 June 1999 NPCSC interpretation was only binding on BL 24(2)(3), and had no bearing on how to interpret BL 24(2)(1), the provision at issue in Chong. Thus, the court stated that it would interpret BL 24(2)(1) through the common law approach to interpretation. A literal reading of the law supported the contention that Chong Fung Yuen was entitled to the right of abode in Hong Kong.
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The party does not recognise the Sino- British Joint Declaration and their identity as ethnic Chinese. It defines a Hong Kong national as someone born to parents who had gained right of abode in the city before 1997. It calls for a 10 per cent sales tax for all “non-Hong Kong” shoppers, cancellation of the one-way permit system to halt an influx of mainland migrants, dumping all books written in simplified Chinese characters in public libraries, and awarding infrastructure projects to Britain in exchange for military protection by the British Commonwealth. It will seek independence within the constitutional framework of the Commonwealth.
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The Sino-British Joint Declaration of 1984 was welcomed by all including the Hong Kong Indian community since it provided for a smooth transfer of sovereignty over Hong Kong. However, there were misgivings in the minds of the ethnic minorities, mainly Indians, holding Hong Kong British passports. Mr. Sital took the lead on behalf of CHIA to plead their case for full British passport with right of abode in the UK This again meant several visits to London and ministerial level meetings with the British government. Mr. Sital was able to extract repeated assurances from the British that the interests of the ethnic minorities would be taken care of.
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Served as Member of Trade Advisory Board, Hong Kong Government & Member on the International Business Committee of Hong Kong Past chairman and Senior Advisor, Council of Hong Kong Indian Associations-an apex body affiliating nine Indian organisations representing a combined Membership of nearly 4,000. Made representation on behalf of the Council and undertook several visits to London lobbying the government authorities in Britain to obtain full British citizenship with right of abode in the UK to those ethnic minorities, mainly Indians, who faced statelessness after the handover of Hong Kong to China on 31 July 1997. Permanent Hon. President, Indian Chamber of Commerce Hong Kong.
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Around the turn of the millennium, the tower was the site of continual occupation by Mainland Chinese activists, led by Shi Junlong (), demanding right of abode in Hong Kong. At 2:00 pm on 2 August 2000, visa overstayers petitioned immigration officers to issue them Hong Kong Identity Cards on the spot. The officers refused on the basis of the law, and told them to apply in writing. They refused to leave, staging a sit-in until closing time at 6:00 pm when staff attempted to evict the protesters, who responded by splashing highly flammable paint thinner around the 13th storey and setting it ablaze with cigarette lighters.
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When Hong Kong was transferred from the United Kingdom to China on 1 July 1997, all British Dependent Territories citizens (BDTCs) connected to Hong Kong lost their British nationality, unless they had applied for the British National (Overseas) (BN(O)) status. Most BDTCs of Chinese descent became Chinese citizens. BDTCs who did not become Chinese citizens and did not apply for BN(O) status while holding no other citizenship became British Overseas citizens (BOCs). As BN(O) and BOC statuses do not provide right of abode in the United Kingdom, BN(O)s and BOCs of non-Chinese descent who do not hold any other citizenship are de facto stateless.
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Therefore, persons who had migrated out of the mainland but have not obtained Hong Kong permanent residency, while technically not stateless, are unable to exercise rights and privileges associated with citizenship in either the mainland or Hong Kong. Stateless permanent residents of Hong Kong and Chinese migrants without right of abode may apply for a Hong Kong Document of Identity for Visa Purposes, which allows them to travel overseas. This document (with few exceptions) requires the holder to apply for and receive a travel visa prior to departure from Hong Kong. Children born to foreign domestic workers are not classified as citizens because Chinese nationality is determined by blood ties.
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He appeared for a school (JFS) in the first hearing before the new Supreme Court on 2 October 2009, about the school's admissions policy. In 2011 and 2012, Pannick also represented the Government of Hong Kong in Vallejos v. Commissioner of Registration, a case in which a foreign domestic helper sought judicial review to determine whether it was constitutional for the government to deny her the right of abode in the territory. In October 2016, he co-wrote a legal opinion commissioned by businessman Philip Green to challenge the conclusions of a parliamentary inquiry which criticised Green's conduct over the collapse of retailer British Home Stores.
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Retrieved 29 October 2014 Pregnant mainland women seeking to give birth in Hong Kong, specifically to benefit from the right of abode. Their parents came from mainland to give birth in Hong Kong, which resulted in their children gaining the right to abode and enjoy social welfare in the city. Hong Kong citizens expressed concerns that the pregnant women and babies put heavier burden on Hong Kong's medical system. Some of them even called mainland people "locusts" which take away Hong Kong's resources from locals."800人捐款 五日籌十萬高登下周登報促截「雙非」".
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The Taiwanese laws makes a distinction between "registered nationals" () and "unregistered nationals" (), with the former having the right of abode, right to vote, and other benefits of citizenship, while the latter are subject to deportation from Taiwan and need an entry permit to visit Taiwan. While "registered nationals" are entitled to hold the National Identification Card, "unregistered nationals" may only hold the TARC. Both groups are eligible to hold the Taiwan passport. For adult "unregistered nationals" to become "registered nationals", and thus eligible for an ID Card, they must reside in Taiwan for a certain period of time, during which they will hold a TARC instead of an ID Card.
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Raab delivered a proposal on right of abode legislation to the House of Commons on 2 June. His measure plans to allow BNO passport holders to apply for a visa, remain in the UK for an initial period of twelve months instead of six as previously, allow them to apply to study and work, and thereby provide them a path to citizenship. Further to this proposal, Johnson's 3 June announcement would cover all of the approximately 3 million Hong Kong residents born before 1997. The extent of the scheme was clarified on 12 June 2020 by Home Secretary Priti Patel in correspondence with Johnson.
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British citizens can use their passport as evidence of right of abode in the United Kingdom. Although citizens of the UK and Gibraltar are no longer considered citizens of the European Union, the British citizen and Gibraltar passports allow for freedom of movement in any of the states of the European Economic Area and Switzerland until the EU withdrawal transition period ends on 31 December 2020. Between 1920 and 1988, the standard design of British passports was a navy blue hardcover booklet featuring the royal coat of arms emblazoned in gold. From 1988, the UK adopted machine readable passports in accordance with the International Civil Aviation Organization standard 9303.
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British citizens, British Overseas Territory citizens of Gibraltar and British subjects with right of abode are considered to be UK nationals for the purpose of EU law. They were therefore considered to be EU citizens until 31 January 2020 when the UK withdrew from the EU. As a result, passports issued to these nationals were considered to be EU passports. British passports with EU status facilitated access to consular assistance from another European Union member state. British nationals formerly holding EU status continue to enjoy free movement within the European Economic Area and Switzerland until the Brexit transition period ends 31 December 2020 or later.
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The Court of Final Appeal issued a further ruling in 2001 that all Chinese nationals born in Hong Kong would have right of abode in the region, even if neither parent was a permanent resident., at para. 8.3. This change directly led to a growing trend of birth tourism; increasing numbers of expectant mothers from the mainland entered Hong Kong to give birth with the express purpose of exploiting the healthcare system and giving their children permanent residency in the territory. Overcrowding in hospital maternity wards became a major factor in contributing to growing consternation among residents and the emergence of a hostile environment against mainland tourists..
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Voting is a relatively recent right in Hong Kong, initiated only towards the end of the British colonial period (1842–1997) and enlarged somewhat after handover. For this territory, the right to vote accompanies a person's permanent resident status in Hong Kong, not their citizenship. The right of Hong Kong permanent residents to vote is guaranteed in Article 26 of the Basic Law, where nationality is not even mentioned. And as stipulated in Article 24, permanent residents include foreign persons who have taken up permanent residency in Hong Kong for more than 7 years and other persons (regardless of nationality) who have right of abode in Hong Kong only.
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In this memorandum the Government of the United Kingdom declared that all persons who hold British Dependent Territories citizenship (BDTCs) through an affiliation with Hong Kong would cease to be BDTCs on 1 July 1997. After the declaration, the Hong Kong Act 1985 and the Hong Kong (British Nationality) Order, 1986 created the category British National (Overseas). BDTCs were allowed to apply for British National (Overseas) status until July 1997, but this status does not in of itself grant the right of abode anywhere, including the United Kingdom and Hong Kong. After the handover, most former BDTCs became citizens of the People's Republic of China.
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Between 1962 and 1971, as a result of popular opposition to immigration by Commonwealth citizens from Asia and Africa, the United Kingdom gradually tightened controls on immigration by British subjects from other parts of the Commonwealth. The Immigration Act 1971 introduced the concept of patriality, by which only British subjects with sufficiently strong links to the British Islands (i.e. the United Kingdom, the Channel Islands and the Isle of Man) had right of abode, the right to live and work in the United Kingdom and Islands. Most of the 1948 Act was replaced by the British Nationality Act 1981 with effect from 1 January 1983.
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Non-permanent residents of Hong Kong are persons qualified to obtain Hong Kong Identity Cards (HKID) but have no right of abode. According to the Registration of Persons Ordinance (chapter 177 of the Laws of Hong Kong), all residents of age 11 or above who are living in Hong Kong for longer than 180 days must, within 30 days of either reaching the age of 11 or arriving in Hong Kong, register for an HKID. Non-permanent residents do not qualify for a Hong Kong passport but can obtain a Document of Identity to travel if they are unable to obtain a national passport or travel document from any other country.
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The day of the ruling, Hong Kong Secretary for Security Ambrose Lee announced that the government would appeal Lam's ruling, and separately would apply to stay the judgment in a hearing in October. He also stated that the Immigration Department would suspend right of abode applications by FDHs, and that such action did not amount to contempt of court as commentators had suggested. Government officials in Indonesia and the Philippines, the two major countries of origin of FDHs in Hong Kong, reacted favourably to the ruling. Philippine President Benigno Aquino III welcomed the news, though stating that he was not too familiar with Hong Kong's laws and would look into the matter.
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Acquiring US citizenship has no effect on the holder's status as a national of ROC, which makes Taiwan- born Americans still eligible to vote in the ROC elections, provided that their household registration is still intact in Taiwan. Unlike their Taiwan- born parents, the American-born second generation do not have household registration in Taiwan at birth, making them nationals without household registration (NWOHRs), despite the fact that they are also ROC nationals under Taiwanese law. In contrast with those with household registration in Taiwan, NWOHRs cannot receive a Taiwanese National Identification Card, do not have right of abode in Taiwan, and are subject to immigration control while in Taiwan. They are, however, eligible for a Taiwan passport.
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Principal officials (), according to the Basic Law, are government officials who are nominated by the Chief Executive and appointed by the Central People's Government of the People's Republic of China. They include secretaries of departments and secretaries of policy bureaux. Five other officials are also principal officials because of the importance of their positions (although three of them report to the secretaries and permanent secretaries of policy bureaux). They are required to be citizens of the People's Republic of China who are permanent residents of Hong Kong with no right of abode in any foreign country who have ordinarily resided in Hong Kong for a continuous period of not less than 15 years.
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In practice, exercise of most citizenship benefits, such as suffrage, and labour rights, requires possession of the National Identification Card, which is only issued to persons with household registration in the Taiwan Area aged 14 and older. Note that children of nationals who were born abroad are eligible for Taiwan passports and therefore considered to be nationals, but often they do not hold a household registration so are referred to as "unregistered nationals" in statute. These ROC nationals have no automatic right to stay in Taiwan, nor do they have working rights, voting rights, etc. In a similar fashion, some British passport holders do not have the right of abode in the UK (see British nationality law).
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An expression of Her Majesty's Government's initiative to promote Britishness was the inaugural Veterans' Day which was first held on 27 June 2006. As well as celebrating the achievements of armed forces veterans, Brown's speech at the first event for the celebration said: In 2018, the Windrush scandal illustrated complex developments in British peoplehood, when it was revealed hundreds of Britons had been wrongfully deported. With roots in the break-up of the empire, and post-war rebuilding; the Windrush generation had arrived as CUKC citizens in the 1950s and 1960s. Born in former British colonies, they settled in the UK before 1973, and were granted “right of abode” by the Immigration Act 1971.
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A British Overseas citizen (BOC) is a member of a class of British nationality largely granted under limited circumstances to people connected with former British colonies who do not have close ties to the United Kingdom or its remaining overseas territories. Individuals with this nationality are British nationals and Commonwealth citizens, but not British citizens. Nationals of this class are subject to immigration controls when entering the United Kingdom and do not have the automatic right of abode there or any other country. This nationality gives its holders favoured status when they are resident in the United Kingdom, conferring eligibility to vote, obtain citizenship under a simplified process, and serve in public office or non- reserved government positions.
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There was usually no official gender segregation in the hostels, but since many jobs and student specialities were and are gender-imbalanced (the future teacher was usually female, and the future engineer, more or less usually male, with nearly exclusively males in all military schools), there was often de facto gender segregation in the hostels. Students from rural areas or smaller towns lived in very similar hostels, with the termination of right of abode in the hostel on graduation or on exclusion from their schools. The native populations of large cities like Moscow often despised these migrant workers ('limit-dwellers'), considering them rude, uncultured, and violent. The derogatory term "limita" (limit-scum) was used to refer to them.
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Australia's policy toward Hong Kong is underpinned by its substantial commercial interests, and by the presence of a large Australian community living in Hong Kong. Article 82 of Hong Kong Basic Law permits Hong Kong to invite judges from other common law jurisdictions to sit on the Court of Final Appeal. The Hong Kong Government continues to hire and appoint Australians, with or without the right of abode in Hong Kong, to senior posts in the Hong Kong Judiciary. Former Hong Kong Directors of Public Prosecutions, Ian McWalters and Kevin Zervos, were appointed as High Court judges in 2011 and 2013 respectively, and both were subsequently elevated to the Court of Appeal in 2014 and 2018 respectively.
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Hong Kong against United Arab Emirates on 15 October 2013. In principle, Nägelein can represent either the German or Hong Kong national teams because he has both German citizenship and right of abode in Hong Kong. However, Nägelein controversially failed in his application for a Hong Kong passport due to his German citizenship, even he has the right by Hong Kong Basic Law since he was born in Hong Kong to a Hong Kong Chinese mother. After Nägelein returned to the Far East, Hong Kong coach Tsang Wai Chung told media he will call Nägelein for the team but Tsang did not select Nägelein for the training session before the 2010–11 season in Hong Kong.
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Another African-American settlement is concentrated in Accra, Ghana, which has more than 1,000 African- American residents, primarily originating from the United States, who reside in the country on work permits, with a few on permanent resident status. Accra has long attracted African-American tourists since the country became the first African country to gain independence from the United Kingdom in 1957 (W. E. B. DuBois settled in Ghana in his last years and is buried in Accra), and the government has made controversial overtures to gain more African-American residents and tourists, including enacting a right of abode law in 2001.Essien, Kwame,"The Atlantic Diaspora: African American Communities in Ghana, 1980 to 2005".
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However, they held a legal relationship with their government akin to the modern concept of nationality. United States nationality law defines some persons born in some U.S. outlying possessions as U.S. nationals but not citizens. British nationality law defines six classes of British national, among which "British citizen" is one class (having the right of abode in the United Kingdom, along with some "British subjects"). Similarly, in the Republic of China, commonly known as Taiwan, the status of national without household registration applies to people who have Republic of China nationality, but do not have an automatic entitlement to enter or reside in the Taiwan Area, and do not qualify for civic rights and duties there.
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Akrotiri Population and Dhekelia Population. Retrieved 24 December 2013. Persons related to the territory may in theory be eligible to claim the British Overseas Territories citizenship (BOTC status) through a personal connection to the areas (i.e., birth on the territory before 1983, or born after 1983 to a parent who were born on the territory before 1983); but unlike most other British Overseas Territories, there is no provision in the 2002 amendment of the British Nationality Act 1981 by which British citizenship (with the right of abode in the United Kingdom) can either be claimed through automatic entitlement or be applied for by means of registration, from or through a sole personal connection to the Base Areas.
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In contrast to other countries in which stare decisis gives the power of both final interpretation and adjudication to a supreme court, within Mainland China constitutional and legal interpretation is considered to be a legislative activity rather than a judicial one, and the functions are split so that the NPCSC provides legal interpretations while the Supreme People's Court actually decides cases. Because an interpretation of the NPCSC is legislative in nature and not judicial, it does not affect cases which have already been decided. A notable use of the constitutional interpretation power occurred in 1999 over the Right of Abode issue in the Hong Kong Special Administrative Region in Lau Kong Yung v. Director of Immigration.
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This annexe is called the Elaboration by the government of the People's Republic of China of its basic policies regarding Hong Kong. It is partly mentioned in the summary above and deals in detail with the way Hong Kong will work after 1 July 1997. The annexe consist of following sections: :(I) Constitutional arrangements and government structure; :(II) the laws; :(III) the judicial system; :(IV) the public service; :(V) the financial system; :(VI) the economic system and external economic relations; :(VII) the monetary system; :(VIII) shipping; :(IX) civil aviation; :(X) education; :(XI) foreign affairs; :(XII) defence, security and public order; :(XIII) basic rights and freedoms; :(XIV) right of abode, travel and immigration.
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The third arm of s 44(i), "or entitled to the rights or privileges of a subject or a citizen of a foreign power", has never been the subject of a judicial decision. However, it was suggested in July 2019 that this could catch at least 26 current members of the parliament, from almost all parties as well as independent. They include some who renounced actual foreign citizenship prior to or during the crisis of 2017-18. The argument is that some countries provide rights to non-citizens that include important rights ordinarily possessed by citizensparticularly a "right of abode" allowing entry, residence and employment, as well as eligibility to vote and even to sit in the country's parliament.
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Only 11 residents, including children, meet the 'indigenous' criteria that has traditionally determined who is allowed to vote for village representatives (the 'Indigenous Inhabitant Representative'), that is men whose families have been in the village since 1889. Since 2003, following a landmark ruling by the Court of Final Appeal, a second village chief (the 'Residents Representative') has been elected by all residents, including indigenous ones. Elections for both posts are held every three years, and voters are only eligible if they have resided in the village for a minimum of three years and hold the right of abode in Hong Kong. The current village chiefs are Mo Kam-Tong (Indigenous Inhabitant Representative) and Kevin Rushton (Resident Representative).
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When he finally settled in West Germany in 1957, he did so without giving up his right of abode in Switzerland. During the 1940s and 1950s he had built up excellent contacts with the Swiss trades union movement, and this opened the door to the German Trade Union Confederation ("Deutscher Gewerkschaftsbund" / DGB) which emerged after 1949 and the lifting of the Nazi ban on trades union activity. In 1957, at the instigation of Otto Brenner, Walter Fabian was appointed editor in chief of the DGB's Gewerkschaftliche Monatshefte ("Trades Union Monthly"/ GMH) publication, a role which he held till 1970. Between 1958 and 1964 he also chaired the Deutsche Journalistinnen- und Journalisten-Union (Journalists' Union).
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Yuen entered Hong Kong politics in 2011, when she co-founded Power Voters, which would later become a coalition member of People Power, with the aim of punishing the Democratic Party for its stance in the 2010 Hong Kong electoral reform. In 2012, Yuen announced that she would enter the Hong Kong Legislative Council election in September that year as a People Power candidate for New Territories East constituency with Raymond Chan Chi-chuen. In preparation for this, she renounced her US citizenship as required by Hong Kong election law.The requirement that LegCo nominees (excluding a few Functional constituencies) do not have the right of abode in any foreign country is in .
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The year after Vallejos arrived, the law of Hong Kong was amended to introduce the concept of "permanent residence". Permanent residence was a new status which would allow persons not born in the territory to gain the right of abode there. It was to be conditional on prior "ordinary residence" in Hong Kong, so that it would comply with the 1984 Sino-British Joint Declaration and the Hong Kong Basic Law Article 24(4) which would take effect in the future. Foreigners who "ordinarily resided" in the territory for seven years would be allowed to apply for permanent residence; if successful, they would gain various privileges including the franchise, freedom to stay in Hong Kong and switch employers without a work visa, and eligibility for public housing.
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Persons holding 'British subject' status may apply for a British passport with the nationality inscribed as a "British subject". The passport does not offer the same level of visa-free access offered by an Irish passport or a British passport that describes the holder as a "British citizen". Holders of 'British subject' passport are notably not eligible for the Electronic System for Travel Authorization (ESTA) Visa Waiver Program (VWP) of the United States, nor the Electronic Travel Authority of Australia. Canada's Electronic Travel Authorization (eTA) is only available to British subject passport holders with a vignette printed in their passport stating their right of abode in the UK."Entry requirements by country," Government of Canada, 7 February 2018, accessed 15 February 2018.
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Following the dissolution of the federation and Zambian independence in 1964, many Coloured parents began sending their children abroad to avoid military conscription into the Zambian Defence Force. The British Nationality Act 1981 aroused considerable interest among Zambia's Coloured population, since it revoked a legitimacy clause from the 1948 legislation wherein only children born to legitimate marriages of their British fathers were considered British subjects. As mixed race marriages were not recognised as legitimate under Northern Rhodesian law, this excluded Coloureds. Under the statutes of the new British Nationality Act, any Zambians able to prove beyond reasonable doubt they were consanguineous descendants of a specific British citizen could apply for right of abode in the United Kingdom, irrespective of their ancestor's marital status.
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The Hong Kong identity card by itself can be used to travel to Macau, as long as the holder has the right of abode or the right to land in Hong Kong, (the holder is able to stay for up to one year in Macau visa-free). Albania also accepts the Hong Kong permanent identity card by itself for entry, for a stay of up to 90 days within 180 days. Some foreign territories require Hong Kong Special Administrative Region passport holders to present their HKID as well to benefit from a visa exemption scheme: these places include Guam and the Northern Mariana Islands. Only HKSAR passport holders who were not born in Hong Kong or Macau are required to possess HKID when entering Taiwan.
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The Hong Kong Bar Association has claimed that Beijing has undermined Hong Kong's judicial independence and rule of law through the Standing Committee of the National People's Congress (NPCSC) interpretation of the Hong Kong Basic Law. These controversial interpretations have let to the legal sector of Hong Kong to stage rare silent protests over these interpretations and since 1997 four have been held. It is feared that China wants the Hong Kong's judiciary to become the same format and have the same characteristics as in the mainland. The first march took place in 1999, when the NPCSC issued the first interpretation of the Basic Law relating to the issue of the right of abode of Chinese citizens with Hong Kong parents.
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The issuing of Hong Kong SAR passports began on 1 July 1997, following the transfer of sovereignty over Hong Kong from the United Kingdom to the People's Republic of China. PRC citizens who have right of abode in the HKSAR and who hold Hong Kong permanent resident identity cards, whether or not they are holders of British National (Overseas) passport or Hong Kong Certificate of Identity or other travel documents, are eligible to apply for the Hong Kong SAR passport. Note that acquisition of British citizenship in the British Nationality Selection Scheme itself does not affect the eligibility for a HKSAR passport. Nor does the holding of any foreign passport itself affect the eligibility for a HKSAR passport, provided that one remains a PRC citizen.
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The citizenship of Hong Kong residents of Indian descent who lacked Republic of India citizenship was a major point of contention in the years leading up to the handover. Many Indians had settled in Hong Kong, taking it as their only home and naturalising as Citizens of the United Kingdom and Colonies (CUKCs). This status initially made no distinctions between residents of the United Kingdom and elsewhere, but from the 1960s onwards a number of nationality acts successively scraped away the privileges it offered, creating a class of CUKCs who had no right of abode in the United Kingdom itself. Eventually in 1981, these restrictions were codified in a new class of British citizenship, the British Dependent Territories Citizenship (BDTC).
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In 1997, Ribeiro was appointed as a Recorder (part-time judge) of the High Court. Ribeiro quickly rose through the ranks, and was appointed Judge of the High Court in 1999, promoted to the Court of Appeal (High Court) as a Justice of Appeal in 2000, and a Permanent Judge of the Court of Final Appeal the same year. As the longest-serving judge of the court, Ribeiro has been involved in numerous important cases, particularly in the area of constitutional law. These include cases concerning the Right of Abode, sovereign immunity, freedom of speech, and the election process, but also extend to other areas such as maintenance and champerty, the internet, LGBT rights, civil partnerships, employment, medical negligence, and divorce.
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British subject passport holders with permanent abode status (by having the vignette "The holder has the right of abode in the United Kingdom" printed inside their passport) are for unexplained reasons not able to apply for entry into the US by using the Electronic System for Travel Authorisation (ESTA) programme to access the Visa Waiver Program (VWP), thus are forced to use the much more costly and time-consuming B1-B2 non-immigrant visa application process in order to gain basic tourist access to the U.S. This continues to cause confusion, as the ESTA website maintains contradictory information, allowing those who have "right of permanent abode" to use ESTA to obtain a VWP, yet at the same time denying British subject passport holders this privilege.
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British Nationals (Overseas) are British nationals but not British citizens, and have not had the right of abode in the UK. After the passage of the Hong Kong national security law, the UK government made it possible for BN(O) holders to move to the UK permanently through a series of steps. Before July 2020, holders of BN(O) passports could only visit UK for no more than six months (or three months when arriving from the Republic of Ireland). For longer stays or other purposes of visit, holders of BN(O) passports needed to apply for the appropriate visas at the UK diplomatic missions overseas. Holders of BN(O) passports are ineligible to register for the Registered Traveller service for clearing immigration.
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Because both governments of the People's Republic of China and Republic of China claim the territories under the other's control as part of their respective nation, therefore, legally, both treat the people on the other side's territory as their national. However, citizenship rights are only available to the people under their own control respectively - this is legally defined by law as holding household registration in Taiwan Area (in the Republic of China) / Mainland Area (in the People's Republic of China). The Government of the Republic of China considers ethnic overseas Chinese as its nationals, and issues Taiwan passports to them. However, this does not grant them the right of abode or any other citizen rights in Taiwan; they require the existence of household registration in Taiwan.
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The Nepali people residing in Hong Kong are primarily made up of children of ex-Gurkhas; born in Hong Kong during their parents' service with the British Army's Brigade of Gurkhas, which was based in Hong Kong from the 1970s until the handover. Large groups of Nepali people can be found in Shek Kong and Yuen Long District off of the main bases of the British army. Many ex-Gurkhas remained in Hong Kong after the end of their service under the sponsorship of their Hong Kong-born children, who held right of abode. Nepalese of middle age or older generations in Hong Kong are predominantly found in security, while those of younger generations are predominantly found in the business industry.
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Articles 82 and 92 of Hong Kong Basic Law permits Hong Kong to invite judges from other common law jurisdictions to sit on the Court of Final Appeal.Hong Kong Basic Law Chapter IV : Political Structure Hong Kong Government continues to hire, promote, and appoint British citizens with Right of Abode in Hong Kong or not, to senior posts in Hong Kong Police Force, and Hong Kong Judiciary. Lord Hoffmann, Lord Clarke of Stone-cum-Ebony, Lord Phillips of Worth Matravers are appointed to the Court of Final Appeal as non-permanent justices from other common law jurisdictions. Articles 99, 100, and 101 of Hong Kong Basic Law permits the continuous hiring of British citizens for posts in Hong Kong Civil Service, except policy-decision making posts.
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Under the Immigration Ordinance a foreigner may be eligible to apply for permanent residency after having "ordinarily resided" in Hong Kong for seven continuous years, and thus enjoy the right of abode in Hong Kong. However, the definition of "ordinary residency" excludes (amongst other groups) those who lived in the territory as foreign domestic helpers; this effectively denied foreign workers the rights of permanent residents (including the right to vote), even if they had lived in Hong Kong for many years. Since 1997, section 2(4) of the Immigration Ordinance has stated that "a person shall not be treated as ordinarily resident in Hong Kong while employed as a domestic helper who is from outside Hong Kong".Chiu, Austin (22 August 2011).
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The Government of Hong Kong sought two NPCSC interpretations on Basic Law provisions regarding the right of abode and the term of office of a new Chief Executive after his predecessor has resigned before the end of his term, in 1999 and 2005 respectively. The NPCSC had also interpreted the Basic Law twice on its own initiative, without being requested by any branch of government in Hong Kong. The first of the two occurred in 2004, and concerned the amendment of the Chief Executive and the Legislative Council election methods for 2007 and 2008 respectively. The second was issued in November 2016 on the substantive requirements of lawful oaths and affirmations as stipulated in Article 104 of the Basic Law.
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The Immigration Branch at ports of entry was retitled the Immigration Service. Lunar House; since 1972 the HQ of UK Immigration. The Immigration Act 1971 gave right of abode in the UK to those it defined as ‘patrials’. These were: #citizens of the UK and Colonies who had that citizenship (i) by birth, adoption, naturalization, or registration in the UK; #citizens of the UK and Colonies whose parent or grandparent had that citizenship by those same means at the time of the birth of the person in question; #citizens of the UK and Colonies with five years’ ordinary residence in the UK; #Commonwealth citizens whose parent or grandparent was born or adopted in the UK before their birth; #Commonwealth citizens married to a patrial man.
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Respondent Jagdish Rai Chadha was born in the British colony of Kenya to Indian parents. Chadha was a Citizen of the United Kingdom and Colonies and entered the United States on a British passport when studying in Ohio as a foreign exchange student. After Kenya's declaration of independence from Britain in 1963 he was not recognized as a legitimate citizen or resident of Kenya (as his parents were Indian) or India (as he was born in Kenya). Furthermore, his right of abode in the United Kingdom was stripped under the Immigration Act 1971 due to his lack of connection with the United Kingdom. After his non-immigrant student visa expired in 1972, none of the three countries would accept him onto their territory, rendering him de facto stateless.
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The CFA delayed its ruling on Chong, which had been heard in March, until Fateh Muhammad and Tam Nga Yin had also been heard. On 20 July 2001 the CFA also ruled against Muhammad. The CFA upheld the CA's observation that were the Basic Law's requirements for permanent residence is required to be satisfied concurrently, the law did not intend to confer the right of abode on people with tenuous connections to Hong Kong. The CFA also rejected the argument that the Immigration Ordinance's imposition of additional requirements on the timing of the period of seven years' "ordinary residence" was inconsistent with the Basic Law, instead stating that the Basic Law was silent on the matter and that it was "legitimate for the Ordinance to fill the gap".
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The Jews would only be admitted back into France for twelve years, after which the agreement might be terminated; Jews were to wear an armband at all times; Jews could only live in those areas where there had been Jewish communities previously; Jews were initially to be forbidden from usury.Chazan, pp79-80. This was the first time that French Jews had been covered by such a charter, and Louis was careful to justify his decision with reference to the policies of his ancestor Saint Louis IX, the position of Pope Clement V and an argument that the people of France had demanded a return of the Jews. The result was a much weakened Jewish community that depended directly upon the King for their right of abode and protection.
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Cradock was deeply worried that China would leave the negotiating table and act alone. With much effort, he managed to convince the government in November 1983 that the United Kingdom would surrender any claims of sovereignty or power of governance over Hong Kong after 1997. Such a move was generally regarded as the second major concession offered by the United Kingdom. After that, both sides reached consensus over a number of basic principles in the negotiations, including the implementation of "One Country Two Systems" after the transfer of sovereignty, the establishment of the Sino-British Joint Liaison Group before the transfer, and the creation of a new class of British nationality for the British nationals in Hong Kong, mostly ethnic Chinese, without offering them the right of abode in the United Kingdom.
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It was also claimed that Cradock was indeed not a liberalist because he and the British government did not act for the interests of Hong Kong on the negotiating table. In fact, the British government believed that maintaining a friendly Sino-British relationship was of the utmost importance in preserving British business interests in China. To give up Hong Kong in exchange for a long-term friendship with China was regarded as profitable especially to the business sector in the United Kingdom. In addition, as the Joint Declaration was designed to bring stability to Hong Kong, it effectively closed the "back door" of entry into the United Kingdom and therefore avoided a possible influx of 3 million British subjects of Hong Kong to seek asylum or right of abode there.
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By the 1980s, most colonies of the British Empire had become independent. Parliament updated nationality law to reflect the more modest geographical boundaries of the United Kingdom.. The British Nationality Act 1981 recategorised CUKCs into different nationality groups based on patriality and birthplace. CUKCs with the right of abode in the United Kingdom or those closely connected with the UK, Channel Islands, or Isle of Man became British citizens while those connected with a remaining colony became British Dependent Territories citizens. Those who could not be reclassified into either of these statuses and who were no longer associated with a British territory became British Overseas citizens.. While all nationals under those categories continue to be Commonwealth citizens, the definition of British subject was limited to its present meaning.
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Registration in this way confers citizenship otherwise than by descent, meaning that children born outside of the UK to those successfully registered will be British citizens by descent. British subjects with right of abode may also register for citizenship without residence requirements by virtue of their birth to a parent born in the UK. Applicants who successfully register in this way become British citizens by descent and cannot pass citizenship to their children born outside of the UK. Individuals who become British citizens would automatically lose British subject status if they are not connected with Ireland. Otherwise, British subjects may also be British citizens simultaneously. British subjects who do not hold and have not lost any other nationality on or after 4 July 2002 are entitled to register as British citizens..
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At the time a secular court considers the validity of this marriage, there are already multiple spouses. In English law, for example, §2 Immigration Act 1988 prohibits certain polygamous wives from exercising their right of abode with the result that any application from such a wife has to be considered in accordance with paragraphs 278 to 280 of the Immigration Rules, which contain provisions to restrict settlement in most cases to one wife. But, for less controversial purposes, most states are willing to recognise actually polygamous marriages as valid so long as the parties had the capacity to enter into such relationships and the ceremonies were effective under the lex loci celebrationis. In Canada, Ontario province recognizes polygamous marriages if they occurred in a foreign country which Canada recognizes as permitting polygamy.
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On 29 February 2016, Lee Bo met with Hong Kong police and then gave a televised interview on the Hong Kong-based Phoenix Television in an undisclosed location in mainland China, in what was his first public appearance since he went missing. He held to the story that was in the letters published by Sing Tao, saying he "resorted to illegal immigration" to get to the mainland "to cooperate in a judicial investigation" as he did not want to draw attention to his visit. He denied that he was kidnapped, but did not give details as to how he actually entered Mainland China without his travel documents. Adding that his British citizenship had been sensationalised, Lee Bo says that he will abandon his right of abode in the United Kingdom.
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However, the president of the legislative council may not vote in most situations regarding government bills, and is encouraged to remain impartial towards all matters in the LegCo. The President of the Legislative Council has to meet the eligibility requirements set out in the Basic Law that he or she shall be a Chinese citizen of not less than 40 years of age, who is a permanent resident of the HKSAR with no right of abode in any foreign country and has ordinarily resided in Hong Kong for a continuous period of not less than 20 years. The President is elected by and from among Council members. The first President (1997–2008) was Rita Fan; the incumbent president, elected in 2016, is Andrew Leung of the pro-Beijing Business and Professionals Alliance for Hong Kong.
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Leong went on to accuse the Liberal Party of misleading the public on the issue. An unnamed Immigration Department employee interviewed by Sing Tao Daily, in response to Leong's comments, noted that low income was not necessarily a barrier to becoming a permanent resident, and that applications from other low-income persons such as foreign students were commonly approved. Regina Ip stated that the government would have to allocate more resources to deal with the increased workload resulting from right of abode applications by FDHs. Since Lam's earlier ruling in favour of Vallejos in late September, there had been a definite rise in the number of FDHs applying for permanent residence, from just one or two such cases per month in the past, to an average of sixteen in August and September 2011, and over 20 applications on 25 October alone.
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Chinese foreign minister Zhao Lijian threatened the UK in response, while Hong Kong protestors felt that the British offer did not go far enough. Hong Kong barrister Martin Lee, who helped draft the Basic Law, thought the UK was being generous but said that "no matter how generous you are in the provision of passports and so on, there are still large numbers of people who are not eligible for one reason or another", highlighting the vast number of oppressed protestors who are young people, born after the handover. Lee later called for the UK to take China to International Court of Justice. Raab had announced on 28 May that the UK were considering extending BNO rights to give right of abode, which Zhao acknowledged would be an internal British policy change, but still claimed China would have "the right to take countermeasures".
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Hongkongese Americans (Cantonese: 香港裔美國人), include Americans who are also Hong Kong permanent residents who identify themselves as Hongkongers (who see Hong Kong as their home and are culturally associated with Hong Kong, especially through descent, growth, birth, long term residence in Hong Kong, or other types of deep affiliations with Hong Kong), Americans of Hong Kong ancestry (indigenous inhabitants of the New Territories), and also Americans who have Hong Kong parents. Hong Kong has been a special administrative region of China and before that it was a British colony from 1841 until its return to Chinese control since 1997. Many of the Hong Kong Americans hold both United States citizenship and right of abode in Hong Kong. Other than the US passport, many of them also hold a HKSAR Passport or the British National (Overseas) passport.
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The case first went to the Divisional Court, where Hooper LJ and Cresswell J decided in favour of Bancoult on 11 May 2006. The court found that the "interests of BIOT must be or must primarily be those whose right of abode and unrestricted right to enter and remain was being in effect removed", and that as Section 9 of the Constitutional Order did not serve the interests of it or its inhabitants, it was irrational. At the same time, the court was asked to rule on whether an Order in Council could be questioned in judicial review proceedings. It decided that, under Council of Civil Service Unions v Minister for the Civil Service, the decisive element was not the origin of the power (in this case, the Royal Prerogative) but the nature of the power.
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Martin Lee and the Democratic Party was elected back to the Legislative Council in the 1998 first election. Despite winning the most votes, the party seats decreased to 13, as their advantage was undermined by the proportional representation system installed by the Beijing-controlled Provisional Legislative Council. He went on getting re-elected for two more terms in 2000 and 2004. A major concern about Hong Kong's legal and political autonomy was raised in January 1999 when the government sought to the interpretation of the Basic Law by the National People's Congress Standing Committee after it was defeated in the Court of Final Appeal over the legal challenges over the right of abode of a person with at least one parent was a Hong Kong resident, as the Provisional Legislative Council passed ordinances restricting the right.
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The Isle of Man passport is a British passport issued by the Lieutenant Governor of the Isle of Man on behalf of the British sovereign under the Royal Prerogative, at the request of the Isle of Man Government, one of the Crown Dependencies associated with the United Kingdom, to British citizens and certain British subjects (only for those with the right of abode in the United Kingdom) resident in the Isle of Man, or who have certain qualifying important connections to the Isle of Man but are currently resident in the United Kingdom. British passports pursuant to applications received in, from or through the Isle of Man are printed centrally by HM Passport Office of the Home Office in the United Kingdom, and are dispatched by post directly from one of their printing centres to applicants.
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The Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) spoke out in opposition to the possibility of permanent residence for FDHs, citing its potential high costs. DAB legislator Starry Lee predicted that 125,000 FDHs would each sponsor an average of three dependents to come to Hong Kong, meaning a total of 500,000 persons newly eligible for government programmes such as public education, housing subsidies, and Comprehensive Social Security Assistance, leading to tens of billions of dollars in additional public expenditures. Hong Kong Federation of Trade Unions legislator Pan Pey-chyou also expressed concern that increasing the labour supply by giving FDHs the freedom to pursue other employment could put other workers at a disadvantage. Lee's fellow DAB legislator Chan Kam-lam stated that the party had collected 91,500 signatures in 18 electoral districts, of whom all but 210 were in opposition to granting FDHs the right of abode.
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Mr Justice Wally Yeung of the CFI ruled for the Director on 30 March 1999. The applicants appealed to the Court of Appeal, which overturned the CFI on 11 June 1999.[1999] 3 HKLRD 778 Then, on 26 June 1999, the NPCSC responded to a request of the Chief Executive of Hong Kong and issued an interpretation of BL 24(2)(3) which effectively overturned the CFA's decision in Ng. The Director of Immigration, represented by Geoffrey Ma (later to become chief justice), then appealed the CA's decision in Lau to the CFA. The short-term effect of the NPCSC interpretation was that Lau and his 16 fellow applicants were found not entitled to the right of abode in Hong Kong at that time; the more far-reaching effect was that the CFA ruled that the NPCSC's exercise of interpretation power was not dependent upon referral by the judiciary.
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Yang became Executive Vice President of the Hong Kong Polytechnic University in 2010. After CY Leung won the 2012 Hong Kong Chief Executive election, Yang was tipped to head the government's planned Technology and Communications Bureau, and in May he renounced his US citizenship, satisfying the Basic Law requirement that principal government officials have no right of abode in any foreign country. In July 2012 Yang became the target of an investigation by the Independent Commission Against Corruption regarding a government contract which a foundation he directed, the eInclusion Foundation, had obtained in 2010. In March 2015, he was appointed Innovation & Technology Adviser to Chief Executive CY Leung and a non-official member of the Executive Council, to pave the way for the creation of the city's Innovation and Technology Bureau (ITB), of which he was duly appointed the first Secretary for Innovation and Technology on its formation in November 2015.
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During the 2014 Hong Kong electoral reform consultation, the Alliance for True Democracy released its "Chief Executive Election Plan" in January 2014 with the support of all 27 pro-democratic Legislative Council members for the 2017 Chief Executive election. The election plan includes three channels for nomination: civil nomination, political party nomination, and nomination by the nominating committee. Civil nomination demands a candidate to secure the signed endorsement of 1% of the registered voters; political party nomination requires a political party receiving 5% or more of the total valid votes in the last Legislative Council direct election. The nominating committee shall not refuse to endorse any civil and political party nominees who meet the legal requirements, such as not less than 40 years old, has no right of abode in any foreign country; political conditions such as “love China, love Hong Kong” and “no confrontations with Beijing” are not acceptable.
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Popular destinations include the United States and Canada. Another target for birth tourism is Hong Kong, where some mainland Chinese citizens travel to give birth to gain right of abode for their children. In an effort to discourage birth tourism, Australia, France, Pakistan, Germany, Ireland, New Zealand, South Africa, and the United Kingdom have modified their citizenship laws at different times, mostly by granting citizenship by birth only if at least one parent is a citizen of the country or a legal permanent resident who has lived in the country for several years. Germany has never granted unconditional birthright citizenship, but has traditionally used jus sanguinis, so, by giving up the requirement of at least one citizen parent, Germany has softened rather than tightened its citizenship laws; however, unlike their children born in Germany, non-EU- and non-Swiss-citizen parents born abroad usually cannot have dual citizenship.
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Those naturalizing as British overseas territories citizens after 21 May 2002 may submit an application to be registered as British citizens under section 4A of the 1981 Act, subject only to good character requirements. However, the application must be made voluntarily. Hence, it is still theoretically possible for a person to hold only BOTC status but not British citizenship after 2002, if they had never filed such an application or their application is refused by the UK government. While BOTCs of all the Overseas Territories (except the Sovereign Base Areas) are now either British citizens or eligible to acquire British citizenship (and therefore gain right of abode in the UK by virtue of being a British citizen), British citizens visiting Overseas Territories are still subject to local immigration controls and are, in most cases, given limited leave to remain by the territory's immigration officers.
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Tung's decisions were somewhat questioned by the central government, including Jiang Zemin, former General Secretary of the Communist Party of China. Questions arose over Tung's decision to grant the Cyberport Project to Richard Li, son of tycoon Li Ka-shing, without the benefit of an open tender. The way in which the Walt Disney Company's land grant for its theme park on a 50-year lease apparently disrupted the market, and for studying the possibility of setting up a casino in Hong Kong. His administration was seen as troubled, particularly during the confusion of the first days of the new airport, the mis-handling of the avian influenza epidemic, declining standards due to education reforms (specifically teaching in the Cantonese "mother tongue" and mandatory English examination for teachers), the right of abode issue, and his disagreement of political views with the popular then Chief Secretary, Anson Chan.
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Leave to enter is permission for entry to the United Kingdom granted by British immigration officers. According to the United Kingdom Border Agency, a person who is not a British citizen, a Commonwealth citizen with the right of abode in the UK, or a national of an EU or EFTA state, requires leave to enter the United Kingdom. Leave to enter grants a person subject to immigration control permission to enter Britain for a limited period only, subject to a number of conditions: #a restriction on employment or occupation in the United Kingdom; #a condition requiring the person to maintain and accommodate himself, and any dependants of his, without recourse to public funds; and #a condition requiring the person to register with the police. The time limit of any leave to enter depends upon individual circumstances and is provided to the applicant in person.
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Individuals born within the People's Republic of China automatically receive Chinese nationality at birth if at least one parent is a Chinese national.. Children born overseas to at least one Chinese parent are also Chinese nationals, unless they are foreign citizens at birth and either parent with Chinese nationality has acquired permanent residency abroad or foreign citizenship. In Hong Kong and Macau, broader regulations apply; all individuals of ethnic Chinese origin who possess right of abode in either region and were born in a Chinese territory are considered Chinese nationals, regardless of the nationalities of their parents. Furthermore, because of China's continuing claims over Taiwan, ROC nationals from Taiwan are considered PRC nationals by the PRC. Foreigners may naturalize as Chinese nationals if they have immediate family with Chinese nationality, possess permanent residency in mainland China or a special administrative region, or have other "legitimate reasons".
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The Nationality, Immigration and Asylum Act 2002 has also granted British Overseas Citizens, British Subjects and British Protected Persons the right to register as British citizens if they have no other citizenship or nationality and have not after 4 July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality. Previously such persons would have not had the right of abode in any country, and would have thus been de facto stateless. Despite strong resistance from Senior Officials at the Home Office, the then Home Secretary, David Blunkett, said on 3 July 2002 that this would "right a historic wrong" which had left stateless tens of thousands of Asian people who had worked closely with British colonial administrations. The Government of India has also issued clarifications in respect of people with these citizenships to assist with consideration of applications under the Nationality, Immigration and Asylum Act 2002.
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Fordham's arguments focused on the constitutionality or lack thereof in the use of a "blanket exclusion" to prevent all people belonging to certain classes of residents from falling within the definition of "ordinarily resident" and thus eventually becoming entitled to apply for right of abode. Pannick discussed the legislature's power to define terms used in the Basic Law; he stated that foreign domestic helpers "don't form part of the permanent population" and thus it was legitimate for lawmakers to create a legislative definition of "ordinarily resident" which excluded them. The hearing concluded on schedule. On 25 March 2013, the CFA issued its judgment that the restrictions on FDH's residence and employment in Hong Kong meant that they did not fall within the definition of "ordinarily resident" for immigration purposes; the judgment did not refer to the 1999 NPCSC interpretation, and thus with no Article 158 issues at hand, the CFA rejected the Government's request for the matter to be referred to the NPCSC for further interpretation.
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As early as August 2011, there was speculation that the government would seek an interpretation of the Basic Law from the Standing Committee of the National People's Congress (NPC) of the People's Republic of China, either prior to the court ruling or after it, just as they did following Ng Ka Ling v. Director of Immigration, a previous right of abode case which also drew heavy public attention. Liberal Party chairwoman Miriam Lau for her part stated that the public would not be likely to accept the government proactively seeking an interpretation before the ruling in the case came out; she said that interpretation should be a last resort, and the government should first look at other methods to resolve the residence problem. Hong Kong Federation of Trade Unions chairman and NPC delegate Cheng Yiu Tong stated that there was a high likelihood the government would seek an interpretation if they lost the case.
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The first charge under the POO was taken after the handover was in 2000, when seven student leaders were arrested for joining "illegal assemblies" and obstructing the police on a demonstration on 26 June 2000 that was without a prior notice given to the police. The protest, served as a reminder of the Government's decision to seek for re-interpretation of the Basic Law after the right of abode rulings in 1999, received general public and media sympathy and was viewed by some as an orderly, non-violent and non- provoking act of civil disobedience. More than 500 academics and researchers signed a petition to support the students, about 1,000 people marched on the street without police's letter of no objection in open defiance of the POO, and the Hong Kong Bar Association condemned the police for singling out students for arrest. Due to large pressure from society, the Secretary for Justice Elsie Leung decided not to prosecute the student leaders and other protestors.
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The explanatory notes on the passport are placed on the second last page of the passport, and read as follows- > # The issuance, replacement, reissuance and endorsement of this passport > shall be effected by the Immigration Department of the Government of the > Hong Kong Special Administrative Region of the People's Republic of China, > diplomatic and consular missions of the People's Republic of China in > foreign countries, or other Chinese authorities in foreign countries under > the entrustment of the Ministry of Foreign Affairs of the People's Republic > of China. # The bearer of this passport is a Chinese citizen who holds a > Hong Kong permanent identity card (HKPIC) and has the right of abode in and > the right to return to the Hong Kong Special Administrative Region. # This > passport is valid for ten years, unless otherwise stated. This passport is > normally valid for five years if issued to a child under sixteen years of > age.
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Furthermore, as this status would cease to be effective after the 1997 handover, the British government created the new status of British National, a restricted form of British nationality which also did not grant right of abode in the United Kingdom. By 1985, out of about 14,000 Indians settled in Hong Kong, 6,000 were BDTCs. Unlike the majority people of Chinese descent, who were seen by the incoming Chinese administration as always having been Chinese citizens, the ethnic minorities, including South Asians, would be left only with BN(O) status, which amounted to effective statelessness due to the lack of guarantee of returnability to the United Kingdom or anywhere else and the lack of ability to pass the status on to descendants beyond one generation. With their citizenship in limbo, by the 1990s many Indians in Hong Kong reportedly would not even marry among themselves, preferring to look overseas for potential spouses with foreign passports.
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He was then barred from entering Mainland China, with the only exception of a brief visit in Guangdong in 2005 as a Legislative Council member, in which he responded: "As a Chinese citizen, I am not allowed back to my own country even though I'm welcome in every country in the world." The strained relationship between Lee and the Communist Party also led to the constant attacks from the pro-Beijing media. US Speaker of the House Nancy Pelosi in 2009 to discuss the status of democracy in Hong Kong. In response to the worsening crisis of confidence in Hong Kong, he joined hands with many politicians from different spectrum to advocating the granting of the right of abode in Britain to Hong Kong people as a "safety exit". He also called for the rapid introduction of the Hong Kong Bill of Rights Ordinance and a fully democratically elected Legislative Council before 1997.
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As these two permits can only be applied and renewed from Mainland China, Hong Kong, Macau or Taiwan, residents of Hong Kong and Macau as well as all ROC nationals (including those without right of abode in Taiwan) can apply for a passport-like Chinese Travel Document through the Chinese foreign missions if their permits are expired or if they are residing outside the Greater China region and have never applied for the permits. The travel document is valid for up to two years. Those who also have multiple citizenship with other countries, however, are not eligible to apply for the travel document, and they must use their non-SAR or non-ROC passports (along with appropriate visas) to travel to Mainland China, or they can apply for Home Return Permits or Taiwan Compatriot Permits if they are physically in Hong Kong, Macau or Taiwan and they are eligible to do so.
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The Immigration Act 1971 (c 77) is an Act of the Parliament of the United Kingdom concerning immigration. The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, restricts immigration, especially primary immigration into the UK. It introduced the concept of patriality or right of abode. It was also partly passed to legally clarify the rights of Commonwealth citizens within the United Kingdom in preparation for future membership of the European Communities in which the United Kingdom would later became a member state from 1 January 1973 which gave not only new automatic rights to EC member state citizens under but would also give them priority over non-EC citizens under the Treaty of Rome (including Commonwealth citizens) which the UK became a signatory though the Treaty of Accession which was signed on 22 January 1972. It is connected in relation to deportation notices, at sections 11 and 23 of the Terrorism Act 2000.
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British nationality acquired in Hong Kong - including BN(O) and under the British Nationality Selection Scheme - are specifically not recognised as a change of nationality because they did not occur after the person became settled in a foreign country. Therefore, a Hong Kong resident who had acquired non-Chinese citizenship would still be recognised as a Chinese citizen after 1 July 1997 (effectively becoming a dual national), but if that person declares the change of nationality to immigration authorities, they would effectively cease to be a Chinese national. This is reflected in the position the Hong Kong Immigration Department has on Hong Kong permanent residents of Chinese nationality who were Hong Kong permanent residents immediately before 1 July 1997 and hold non-Chinese nationality or citizenship. Those who were permanent residents before the Handover continue to enjoy right of abode in Hong Kong whether they have remained overseas for long time or hold foreign nationality.
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Map of visa requirements for Taiwanese citizens Visa requirements for Taiwan passport holders are administrative entry restrictions by the authorities of other states placed on nationals of Taiwan. As of 7 January 2020, holders of ordinary Taiwan passports (for ROC nationals with Taiwan area household registration who therefore possess right of abode in Taiwan and also the right to obtain a National Identity Card) had visa-free or visa on arrival access to 146 countries and territories, ranking the Taiwan passport 32nd in the world in terms of travel freedom (tied with the Mauritius and St. Vincent and the Grenadines passports), according to the Henley Passport Index 2020. Additionally, Arton Capital's Passport Index ranked the ordinary Taiwan passport 30th in the world in terms of travel freedom, with a visa-free score of 135 (tied with Panamanian passports), as of 12 January 2020. Visa requirements for ROC nationals without household registration (NWOHR), i.e.
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A visa for Hong Kong SAR issued by the Chinese embassy in Tbilisi An entry endorsement issued to a Chinese national residing in mainland China on a Two- way Permit booklet The visa policy of Hong Kong deals with the requirements in which a foreign national wishing to enter Hong Kong must meet to obtain an entry permit or visa, which depending on the traveller's nationality, may be required to travel to, enter, and remain in the Hong Kong Special Administrative Region. Visitors from over 145 countries are permitted visa- free entry for periods ranging from 7 to 180 days, to the Hong Kong Special Administrative Region for tourism or certain business-related activities. All visitors must hold a passport valid for more than 1 month. Unless having the right to land or right of abode in Hong Kong, nationals of all countries and territories require entry permits or visas from the Hong Kong Immigration Department directly or via one of the Chinese diplomatic missions overseas, to undertake other activities, such as study, employment, or operation of a business.
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Lydia Selina Dunn, Baroness Dunn, , JP (; born 29 February 1940) is a Hong Kong-born retired British businesswoman and politician. She became the second person of Hong Kong origin (the first was Lawrence Kadoorie, Baron Kadoorie) and the first female ethnic Chinese Hongkonger to be elevated to the peerage as a life peeress with the title and style of Baroness in 1990. Launching her career in British firms Swire Group and HSBC Group, she was an Unofficial Member and then the Senior Member of the Executive Council and Legislative Council of Hong Kong in the 1980s and 1990s, witnessing the major events of Hong Kong including the Sino-British Joint Declaration and the Tiananmen Square protests of 1989. She is best known in Hong Kong for her part in (unsuccessfully) lobbying for the people of Hong Kong to have the right of abode in the United Kingdom after the Handover of Hong Kong on 1 July 1997, and she remained influential until her retirement from Hong Kong politics in 1995.
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Nick Xenophon Team (NXT) Senator Skye Kakoschke-Moore resigned from the Senate on 22 November 2017, after discovering that she was a British citizen by descent from her mother, who was born in Singapore while it was a British colony and had registered for right of abode in the UK. Kakoschke-Moore had been a British citizen since birth in 1985, but stated that when she was 12, the British embassy in Oman had told her father she was not eligible for a British passport. Kakoschke- Moore's renunciation of her British citizenship became effective on 6 December 2017. The Senate referred Kakoschke-Moore's case to the High Court as the Court of Disputed Returns on 29 November 2017. Kakoschke-Moore sought to be reinstated in the seat on the basis that she had by then effectively renounced British citizenship, but the Court held that "the fact that Skye Kakoschke- Moore renounced her British citizenship with effect from 6 December 2017 does not render her capable of now being chosen to fill that vacancy", and that the vacancy should be filled by a special count of the votes.
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