This page will explain the meanings of the terms related to the right of abode in the Hong Kong Special Administrative Region (HKSAR) – ‘right of abode’, ‘right to land’, ‘Chinese citizen’, ‘settled’ and ‘ordinary residence’.
The right of abode in the HKSAR will allow a person the right:
If a person loses his/her right of abode in the HKSAR he/she will automatically acquire the right to land in the HKSAR in accordance with the law, which will allow he/she enjoys the right:
He/She will be able to enter the HKSAR freely to live, study and work without any restriction.
A Chinese citizen is a person of Chinese nationality under the Nationality Law of the People’s Republic of China as implemented in the HKSAR pursuant to Article 18 of and Annex III to the Basic Law and interpreted in accordance with 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, which was adopted at the 19th Session meeting of the Standing Committee of the National People’s Congress at the 8th National People’s Congress on 15 May 1996.
Under the Nationality Law of the People's Republic of China (CNL), Hong Kong residents who are of Chinese descent and born in Chinese territories (including Hong Kong) are regarded as Chinese citizens. Their citizenship is not affected by whether they hold, or have held, a Hong Kong British Dependent Territories citizen passport, British National (Overseas) passport, or any other foreign passport unless they have made a declaration of change of nationality to the HKSAR Immigration Department.
A person is settled in Hong Kong if:
A person has ordinary residence in Hong Kong if he/she remains in Hong Kong legally, voluntarily and for a settled purpose (such as for education, employment or residence), whether of short or long duration. That status does not change if he/she is temporarily absent from Hong Kong.
Whether or not a person has ceased to be ordinarily resident in Hong Kong is determined by his/her circumstances and those of his/her absence. The circumstances may include:
A person will, however, not be treated as ordinarily resident in Hong Kong