The Position of non-Chinese Citizens who were Solely British Nationals (Overseas) or British Overseas Citizens Immediately Before 1 July 1997

The person concerned can enjoy the right of abode in the Hong Kong Special Administrative Region (HKSAR) without satisfying the conditions for non-Chinese citizens if:

  • immediately before the establishment of the HKSAR, he/she had the right of abode in Hong Kong only
    • He/She will have to furnish information that the Director of Immigration may reasonably require to determine whether he/she had the right of abode only in Hong Kong immediately before the establishment of the HKSAR; and
    • He/She has to make a declaration that he/she had the right of abode only in Hong Kong immediately before the establishment of the HKSAR.

More on conditions for non-Chinese citizens

If a person has been absent from Hong Kong for a continuous period of more than 36 months after he/she obtained the right of abode in any place other than Hong Kong and has ceased to ordinarily reside in Hong Kong, he/she will lose his/her status as a permanent resident but will automatically acquire the right to land. He/She will still be able to enter the HKSAR freely after that period to live, study and work, without any restriction. He/She will be able to re-acquire the right of abode in the HKSAR if he/she subsequently satisfies the requirements of category (d) or (e) for non-Chinese citizens.

Meaning of the right to land

More on non-Chinese citizens