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Who can make a declaration of change of nationality?

  • The Standing Committee of the Chinese National People's Congress has passed a resolution on the Interpretation of the Chinese Nationality Law when applying in the Hong Kong Special Administrative Region (HKSAR). Among other things, the HKSAR Immigration Department is authorized to process declarations of change of nationality in respect of Hong Kong residents who are Chinese citizens holding foreign passports. After their declarations have been approved, these persons will be treated as foreign nationals in the HKSAR and will be eligible for consular protection.
  • Hong Kong residents who are of Chinese descent and born in Hong Kong or other parts of China will be regarded as Chinese citizens in the HKSAR, notwithstanding that they hold or have held Hong Kong British Dependent Territories Citizen passports, British National (Overseas) passports; or any other foreign passports.
  • If such Hong Kong residents choose to be treated as foreign nationals in the HKSAR, they will have to make a declaration of change of nationality to the HKSAR Immigration Department.
  • Applications can be made while the applicant is in Hong Kong.
  • A declaration of change of nationality will be approved provided the applicant is able to satisfy the following requirements:-
  1. He is aged 18 or over and of sound mind (the declaration in respect of a person under the age of 18 should be made by his parent or legal guardian);
  2. He is a Chinese national under the Chinese Nationality Law, as elaborated by "the Interpretation of Chinese Nationality Law when applying in the HKSAR" passed by the Standing Committee of the National People's Congress on 15 May 1996;
  3. He is a Hong Kong resident;
  4. He is able to produce evidence (e.g. a foreign passport) to show that he has a foreign nationality;
  5. There is no indication that the documents purporting to his foreign nationality are forged or have been obtained by illegal means; and
  6. He will not become a stateless person after disclaiming Chinese nationality.
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