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1. The stipulated requirements and the factors to be considered
The requirements laid down in Articles 7 and 8 of the Nationality Law of the People's Republic of China are as follows:
Article 7
Foreign nationals or stateless persons who are willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalized upon approval of their applications:
(1) they are near relatives of Chinese nationals;
(2) they have settled in China; or
(3) they have other legitimate reasons.
Article 8
Any person who applies for naturalization as a Chinese national shall acquire Chinese nationality upon approval of his application; a person whose application for naturalization as a Chinese national has been approved shall not retain foreign nationality.
(Appendices 1 and 2 show you the text of the Nationality Law of the People's Republic of China and the "Explanations of some questions by the Standing Committee of the National People's Congress concerning the implementation of the Nationality Law of the People's Republic of China in the HKSAR".)
Each application for naturalization as a Chinese national will be considered on its own merits but consideration will be given to:
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whether you have a near relative who is a Chinese national having the right of abode in Hong Kong |
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whether you have the right of abode in Hong Kong |
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whether your habitual residence is in Hong Kong |
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whether the principal members of your family (spouse and minor children) are in Hong Kong |
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whether you have a reasonable income to support yourself and your family |
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whether you have paid taxes in accordance with the law |
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whether you are of good character and sound mind |
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whether you have sufficient knowledge of the Chinese language |
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whether you intend to continue to live in Hong Kong in case your naturalization application is approved |
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whether there are other legitimate reasons to support your application |
2. The application form
Application forms are obtainable from Chinese diplomatic and consular missions or the HKSAR Immigration Department, or the Department's Home Page.
The application form may be completed in either Chinese or English, but must be in black or blue ink.
If you are aged 18 or over, you should complete form ID922. If you are under 18, your parent or legal guardian should complete form ID923 on your behalf.
Which parts you should complete
You should complete all parts of the application form wherever applicable. Item(s) which is(are) not applicable should be crossed out and signed by the person making the declaration.
Before completing the application form, you are advised to note the statement of purpose for data collection printed at Appendix 3.
Notes about some parts of the form
Part 7 - Criminal records
You must give details of all convictions by a court of law in or out of Hong Kong of any crime or offence you committed.
Part 10 - Near relatives
They should generally be your parent, spouse, child or sibling. If your application is supported by a near relative, he/she must be:
(1) a Chinese national who has the right of abode in Hong Kong; and
(2) aged 18 or over.
Part 11 - Other reasons
If you are not the near relative of a Chinese national who has the right of abode in Hong Kong or if you do not have the right of abode in Hong Kong, you have to complete this part. Documentary proof will need to be produced at a later stage to support your reasons.
Part 12 - Declaration
After you have completed this form, please remember to sign and date the declaration. An application will not be valid unless it has been signed and dated. If you are unable to sign, please impress your left thumbprint.
Submission of application
Through Chinese diplomatic and consular mission
You may submit your application form together with originals and photocopies of the supporting documents to the nearest Chinese diplomatic and consular mission. The Chinese diplomatic and consular mission will verify the supporting documents and then forward the application form and verified copies of supporting documents to the HKSAR Immigration Department for processing.
Direct to the HKSAR Immigration Department
You may send the application form direct to the Nationality Sub-section of the HKSAR Immigration Department (Address : 4th Floor, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong) together with the bank draft for application fee and photocopies of supporting documents. In such circumstance, you need to furnish the name and address of a local referee who will be notified by the HKSAR Immigration Department to produce the original supporting documents for verification.
Documents in support of the application
(a) If you are of age 18 or over, you should submit the application together with the following documents and photocopies:
(If you cannot produce any of the above documents, please explain why)
(b) For an applicant under the age of 18, the application should be submitted together with the following documents and photocopies:
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applicant's Hong Kong identity card |
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applicant's passport(s) or travel document(s) showing his/her travel records and length of residence in Hong Kong or letters from schools or other educational establishments showing the periods he/she attended |
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financial proofs of applicant's parents or legal guardian (e.g. employment letters or tax returns) |
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proof of relationship with applicant's parents or legal guardian, e.g. :
- identity cards or travel documents of parents/legal guardian (if the applicant is married, the marriage certificate should be produced and consent from applicant's parents or legal guardian will not be required)
- proof of legal guardianship (e.g. applicant's birth certificate, parents' marriage certificate or a relevant court order to prove the legal guardianship in respect of the applicant)
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proof of relationship of applicant with the near relative who supports his/her application (if applicable), including proof of his/her Chinese nationality and right of abode in Hong Kong, such as a valid travel document and a Hong Kong permanent identity card |
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proofs regarding 'other reasons' (if the applicant complete Part 11) |
(If the applicant cannot produce any of the above documents, please explain why)
Fees Payable
| (a) |
For applications submitted directly to HKSAR Immigration Department
The application fee for naturalization as a Chinese national is HK$3,140. An initial fee of HK$1,570 will be collected at the time of application. However, the collection of initial fee does not constitute any guarantee that your application will be approved and it is non-refundable in any circumstances. The payment of application fee should be made by a bank draft and payable to 'The Government of Hong Kong Special Administrative Region' in Hong Kong or US dollar. The bank draft should be drawn on a bank in the HKSAR. Alternatively, you may furnish the name and address of a local referee to pay the fees on your behalf upon receipt of notification from the HKSAR Immigration Department. When the application is approved, you will be required to produce proof of not retaining foreign nationality and to pay the rest of the application fee. Please see the fees in the enclosed fees notice (ID930). |
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(b) |
For applications submitted through Chinese diplomatic and consular mission
If you submit your application through a Chinese diplomatic and consular mission, you are required to pay a handling charge, the expenses of forwarding your application to the HKSAR Immigration Department and delivery fee of a naturalization certificate in addition to the application fee mentioned in paragraph (a) above. |
Refund of Delivery Fee for Certificate
For unsuccessful application, refund of fee paid for delivery of certificate will be arranged by the HKSAR Immigration Department.
Processing Time
Under normal circumstances, it will take about 3 to 4 months time for processing an application, excluding the time for forwarding the application and despatching the prepared certificate.
3. After you have submitted your application
If your application is submitted directly to the HKSAR Immigration Department by post, an acknowledge card will be sent to you by post.
If you need to get in touch with the Immigration Department about any other aspect of your application, please write to the Nationality Sub-section, Immigration Department, 4th Floor, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong, and give your full name, date and place of birth and your application number.
The Declaration in Part 12 includes an undertaking to inform the Director of Immigration in writing of any changes which may affect the accuracy of any information provided in the application. It is important to do this while your application is being considered.
A successful applicant will be issued with a certificate of naturalization as a Chinese national on payment of the prescribed fee. If your application is submitted through the Chinese diplomatic and consular mission, the certificate will be issued to you through the concerned mission. If your application is submitted directly to the HKSAR Immigration Department by post, the certificate will be issued to your authorized local referee.
The Director of Immigration may cancel a certificate of naturalization if the Director is satisfied on reasonable grounds that the certificate was obtained by fraud, false representation or the concealment of any material fact. Action may be taken against that person in accordance with law.
According to the Chinese Nationality (Miscellaneous Provisions) Ordinance, decisions of the Director of Immigration on naturalization applications cannot be subject to appeals and there is no need to assign any reason for the decisions.
4. What will happen to your immigration status and foreign nationality if your application is successful?
Immigration status
You will continue to enjoy the right of abode in Hong Kong as long as you remain as a Chinese national.
Foreign nationality
You cannot retain your foreign nationality if your application for naturalization as a Chinese national is approved.
Appendix 1 Nationality Law of the People's Republic of China
(Adopted at the Third Session of the Fifth National People's Congress, promulgated by Order No. 8 of the Chairman of the Standing Committee of the National People's Congress and effective as of September 10, 1980)
| Article 1 |
This law is applicable to the acquisition, loss and restoration of nationality of the People's Republic of China. |
| Article 2 |
The People's Republic of China is a unitary multinational state; persons belonging to any of the nationalities in China shall have Chinese nationality.
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| Article 3 |
The People's Republic of China does not recognize dual nationality for any Chinese national. |
| Article 4 |
Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. |
| Article 5 |
Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality. |
| Article 6 |
Any person born in China whose parents are stateless or of uncertain nationality and have settled in China shall have Chinese nationality. |
| Article 7 |
Foreign nationals or stateless persons who are willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalized upon approval of their applications:
- they are near relatives of Chinese nationals;
- they have settled in China; or
- they have other legitimate reasons.
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| Article 8 |
Any person who applies for naturalization as a Chinese national shall acquire Chinese nationality upon approval of his application; a person whose application for naturalization as a Chinese national has been approved shall not retain foreign nationality. |
| Article 9 |
Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality. |
| Article 10 |
Chinese nationals who meet one of the following conditions may renounce Chinese nationality upon approval of their applications:
- they are near relatives of foreign nationals;
- they have settled abroad; or
- they have other legitimate reasons.
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| Article 11 |
Any person who applies for renunciation of Chinese nationality shall lose Chinese nationality upon approval of his application. |
| Article 12 |
State functionaries and military personnel on active service shall not renounce Chinese nationality. |
| Article 13 |
Foreign nationals who once held Chinese nationality may apply for restoration of Chinese nationality if they have legitimate reasons; those whose applications for restoration of Chinese nationality have been approved shall not retain foreign nationality. |
| Article 14 |
Persons who wish to acquire, renounce or restore Chinese nationality, with the exception of cases provided for in Article 9, shall go through the formalities of application. Applications of persons under the age of 18 may be filed on their behalf by their parents or other legal representatives. |
| Article 15 |
Nationality applications at home shall be handled by the public security bureaus of the municipalities or counties where the applicants reside; nationality applications abroad shall be handled by China's diplomatic representative agencies and consular offices. |
| Article 16 |
Applications for naturalization as Chinese nationals and for renunciation or restoration of Chinese nationality are subject to examination and approval by the Ministry of Public Security of the People's Republic of China. The Ministry of Public Security shall issue a certificate to any person whose application has been approved. |
| Article 17 |
The nationality status of persons who have acquired or lost Chinese nationality before the promulgation of this Law shall remain valid. |
| Article 18 |
This Law shall come into force as of the date of its promulgation. |
Appendix 2 Explanations of some questions by the Standing Committee of the National People's Congress concerning the implementation of the Nationality Law of the People's Republic of China in the Hong Kong Special Administrative Region
(Adopted at the 19th meeting of the Standing Committee at the 8th National People's Congress on 15 May 1996)
According to Article 18 and Annex III of the Basic Law of the PRC HKSAR, the Nationality Law of the PRC will be applied in the HKSAR from July 1, 1997. Taking account of the historical background of Hong Kong and its realities, we propose that the PRC Nationality law should be interpreted as follows when applied in the HKSAR :
| 1. |
For those Hong Kong residents who are of Chinese descent and born in Chinese territory (including Hong Kong), and others who satisfy conditions laid down in the Nationality Law of PRC to be eligible for Chinese nationality, they are Chinese nationals. |
| 2. |
All Hong Kong Chinese compatriots, whether they are holders of the "British Dependent Territories Citizens passport" or "British Nationals (Overseas) passport" or not, are Chinese nationals. With effect from 1 July 1997, Chinese nationals mentioned above can continue to use valid travel documents issued by the government of the United Kingdom for the purpose of travelling to other states and regions. However, they will not be entitled to British consular protection in the HKSAR and other parts of PRC on account of their holding the above-mentioned British travel documents. |
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According to the Nationality Law of PRC, the full British Citizenship obtained by Chinese nationals in Hong Kong through the "British Nationality Selection Scheme" will not be recognized. These people are still Chinese nationals and will not be entitled to British consular protection in the HKSAR and other parts of PRC. |
| 4. |
Chinese nationals in the HKSAR with right of abode in foreign countries can use relevant documents issued by foreign governments for the purpose of travelling to other states and regions. However, they will not be entitled to consular protection in the HKSAR and other parts of PRC on account of their holding the above-mentioned documents. |
| 5. |
In the case of nationality changes for the Chinese nationals in the HKSAR, those concerned can make a declaration with valid documentation to the appropriate authority of the HKSAR responsible for nationality applications. |
| 6. |
To authorize the HKSAR government to designate the Immigration Department as the authority responsible for nationality applications. The Immigration Department of HKSAR shall handle all nationality applications in accordance with the Nationality Law of PRC and the above-mentioned provisions. |
Appendix 3 Statement of purpose for data collection
Purpose of collection
The personal data provided in the application form will be used by Immigration Department for one or more of the following purposes :-
| (a) |
to process your application for naturalization as a Chinese national; |
| (b) |
to administer the Nationality Law of the People's Republic of China and the "Explanations of Some Questions by the Standing Committee of the National People's Congress Concerning the Implementation of the Nationality Law of the People's Republic of China in the Hong Kong Special Administrative Region" adopted by the Standing Committee of the National People's Congress on 15 May 1996; |
| (c) |
to assist in the enforcement of relevant provisions of the Immigration Ordinance (Chapter 115); Immigration Service Ordinance (Chapter 331) and any other Ordinance and Regulations by other government departments through carrying out immigration control duties; |
| (d) |
in connection with any other person's applications for immigration facilities in which you are named as a sponsor or referee; |
| (e) |
for research and statistical purposes; and |
| (f) |
any other legitimate purpose. |
The provision of personal data in the process of your application is voluntary. If you do not provide sufficient information, we may not be able to process your application.
Classes of Transferees
The personal data you provide may be disclosed to government bureaux, departments and other organizations for the purposes mentioned in paragraph 1 above.
Access to Personal Data
You have a right to request access to and correction of your personal data as provided for in sections 18 and 22 of and Principle 6 of Schedule 1 to the Personal Data (Privacy) Ordinance. Your right of access includes the right to obtain a copy of your personal data provided in this form subject to a fee payment.
Enquiries
Enquiries concerning the personal data collected by means of this application form, including making of access and corrections, should be addressed to:
Chief Immigration Officer Travel Documents and Nationality (Application) Section Immigration Department 4th Floor, Immigration Tower 7 Gloucester Road, Wan Chai Hong Kong
Tel No. : 2829 3093 |