Home > Topical Issues > General Information on Right of Abode in HKSAR > 6. The position of Hong Kong residents (including former residents) of Chinese nationality who were Hong Kong permanent residents immediately before 1 July 1997 and hold foreign passports

Topical Issues

6. The position of Hong Kong residents (including former residents) of Chinese nationality who were Hong Kong permanent residents immediately before 1 July 1997 and hold foreign passports

Whether you are regarded as a Chinese citizen in Hong Kong does not depend on what travel document you have. It depends on whether you have made a declaration of change of nationality to the HKSAR Immigration Department.

Remaining in the HKSAR as a Chinese citizen

As long as you remain as a Chinese citizen (i.e. you do not declare change of nationality) , you will retain your status as a permanent resident and enjoy the ROA in the HKSAR irrespective of whether you were physically present in Hong Kong on 1 July 1997 or whether you had returned to settle within the time permitted under the "Transitional Arrangements" in Part 4.

Remaining in the HKSAR as a foreign national

If you choose to remain in the HKSAR as a foreign national by making a declaration of change of nationality to the HKSAR Immigration Department and the declaration has been approved -

You can enjoy the ROA in the HKSAR if :

	you were a permanent resident of Hong Kong before 1 July 1997; and
you were settled in Hong Kong immediately before 1 July 1997; or after you ceased to be settled in Hong Kong immediately before 1 July 1997 you return to settle in Hong Kong within the period of 18 months commencing on 1 July 1997; or after you ceased to be settled in Hong Kong immediately before 1 July 1997 you return to settle in Hong Kong after the period of 18 months commencing on 1 July 1997 but only if you have been absent from Hong Kong for a continuous period of less than 36 months; or
	you are able to satisfy the requirements in Part 4, category (d) or (e). You can enjoy consular protection in the HKSAR from the country of your declared nationality. If you are not able to satisfy the requirements under any of the above classes, you will lose your status as a permanent resident but in that event, you will automatically acquire the RTL (see Part 1 for the meaning of "RTL"). You will still be able to enter the HKSAR freely to live, study and work, without any restriction. You will also be able to re-acquire the ROA in the HKSAR if you subsequently satisfy the requirements in Part 4, category (d) or (e).

Remaining overseas beyond 31.12.1998

You can enjoy the ROA in the HKSAR when you return if :

you were a Hong Kong permanent resident immediately before 1 July 1997 and as long as you remain as a Chinese citizen (i.e. you do not declare change of nationality); you will continue to enjoy the ROA in the HKSAR notwithstanding that you hold a foreign passport.

You may however choose to be regarded as a foreign national when you return to the HKSAR by making a declaration of change of nationality. When the declaration has been approved, you will enjoy consular protection in the HKSAR. However, you may lose your status as a permanent resident if you have been absent from Hong Kong for a continuous period of more than 36 months counting back from the date you return to settle in Hong Kong. In that event, you will automatically acquire the RTL (see Part 1 for the meaning of "RTL"). You will still be able to enter the HKSAR freely to live, study and work, without any restriction. You will also be able to re-acquire the ROA in the HKSAR if you subsequently satisfy the requirements in Part 4, category (d) or (e).

A Checklist for Returning Emigrants