British nationality law and Hong Kong

No major change was introduced but it set into law how people associated with Hong Kong – as part of "His Majesty's dominions" – would acquire British subject status.

It was decided at the conference that the United Kingdom and the self-governing dominions would each adopt separate national citizenship, but retain the common imperial status of British subject.

[1] The Act came into force on 1 January 1949 and stipulated that anyone born in "United Kingdom or a colony" on or after that date was a CUKC.

British Nationality Acts were passed in 1958, 1964 and 1965, which mainly fine-tuned special provisions about CUKC status acquisition.

1.-(1) The provisions of this Part of this Act shall have effect for controlling the immigration into the United Kingdom of Commonwealth citizens to whom this section applies.

CUKCs and other Commonwealth citizens had the right of abode in the UK only if they, their husband (if female), their parents or their grandparents were connected with the United Kingdom.

These acts shaped an increasingly restrictive immigration policy into the UK for Hong Kong residents even before the Sino-British Joint Declaration of 1984.

At the time, Hong Kong was the largest of the remaining British dependent territories with over 5 million inhabitants.

Any Hong Kong BDTCs who failed to register as a BN(O) by 1 July 1997 and would thereby be rendered stateless (generally because they were a non-ethnic Chinese and therefore could not automatically acquire Chinese nationality), automatically became a British Overseas Citizen under the Hong Kong (British Nationality) Order 1986.

[4] Under the Act, the Home Secretary was required to register any person recommended by the Governor of Hong Kong (as well as the applicant's spouse and minor children) as a British Citizen.

Section 14 of the subsequent Nationality, Immigration and Asylum Act 2002 stated specifically that a person may not be registered as a British Overseas Territories Citizen (BOTC) by virtue of a connection with Hong Kong.

Where such Chinese nationals resident in Hong Kong undergo a change of citizenship (e.g. in accordance with Article 9 of the Nationality Law, which provides that a person who becomes settled in a foreign country and acquires foreign citizenship loses his or her Chinese citizenship - Hong Kong is not recognised as foreign territory, before or after 1 July 1997), this must be declared to immigration authorities to be recognised under Chinese nationality law.

Those who were permanent residents before the Handover continue to enjoy right of abode in Hong Kong whether they have remained overseas for a long time or hold foreign nationality.

They however, will not enjoy foreign consular protection in Hong Kong as long as they do not declare a change of nationality to the Immigration Department.

Where the applicant in such cases confirms that he or she still wishes to receive British citizenship the decision will be reconsidered on request.

This amendment will also allow some children of Indian origin born in Hong Kong after 3 December 2004 who have a BN(O) or BOC parent to automatically acquire BOC status at birth under the provisions for reducing statelessness in articles 6(2) and 6(3) of the Hong Kong (British Nationality) Order, 1986.

[21] However, Goldsmith stated in February 2020:[22] “I want to make it clear: I never intended my report on citizenship to be a statement on any opinion by me that there would be a breach of the arrangements with China if the UK were to offer greater rights,” he said.

“I do not see why the UK government would be in breach of any obligation undertaken in the Joint Declaration were it to resolve to extend full right of abode to BN(O) passport holders while continuing to honour their side of the Sino-British Joint Declaration.” British Nationals (Overseas) do not have the right of abode anywhere including the UK.

[23][24] The settlement scheme was launched after the imposition of the controversial national security law on Hong Kong by the Chinese Central government.

The UK considers the enactment of the National Security Law a "clear and serious violation" of the one country, two systems principle guaranteed in the Sino-British Joint Declaration, an international binding treaty signed in 1984.