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The non-Chinese Citizens who had the right of abode in Hong Kong only before the establishment of the Hong Kong Special Administrative Region

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

31-01-2021