Hong Kong No Longer Recognises Dual Citizenship Under China's Nationality Law
On 29 January 2021, China has announced that it would not recognise the British National Overseas (BNO) passport as a valid travel document or for identification starting from 31 January 2021. This change has been confirmed by chief executive of Hong Kong SAR, Carrie Lam.
The Nationality Law of the People's Republic of China
Under this current arrangement, whilst Hong Kong residents could own multiple passports, dual nationality is no longer recognized in Hong Kong under China's nationality law. To this extent, if you have both British and Chinese nationality you may be treated as a Chinese citizen by local authorities, even if you enter Hong Kong on your British passport.
Australian Citizen and Hong Kong Citizen
Currently, the Australian authorities (including the Department of Home Affairs) still recognize BNO passport as a valid travel document. However, you should get professional legal advice if you are not sure of your citizenship status under Chinese law. This is because if the local authority considers you a citizen of China, they may refuse your access to the Australian consular services. This can happen:
even if you had entered Hong Kong using your Australian passport)
you have not renounced your Chinese citizenship in accordance to the Chinese law
you have not formally advised the Chinese authority of your Australian citizenship
you continue to hold a passport issued by HKSAR or by China.
How Can Agape Henry Crux Help
If you’re an Australian-Hong Kong dual citizen, please do not hesitate to contact our team of immigration lawyers and agents who are on standby to assist you. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com.
Whether you are in Australia or outside of Australia, we urge you to contact us for professional legal assistance. We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
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