The interior page of a BDTC passport that has been stamped by the former British immigration authorities to indicate that the bearer has the right of abode in Hong Kong. Documents such as this can be used as proof to apply for permanent residence in Hong Kong based upon one's parents.

The issue who has the right of abode in Hong Kong prompted a fierce debate at the end of the 20th century and tested the One Country, Two Systems policy. The debate erupted on 29 January 1999, when the Hong Kong Court of Final Appeals ruled that the children of parents who have the right of abode in Hong Kong also have the right of abode, irrespective of whether their parents were permanent residents at the time of their birth. This ruling would have granted immediate right of abode to up to 300,000 people in Mainland China, depending upon whether family unification would have been limited to children under a certain age, or extended to all people. Those with the right of abode would be allowed to live, work, and vote without restriction in Hong Kong, and is considered desirable by many in neighbouring areas as the territory's quality of life is the highest in the region. Image File history File links Download high resolution version (3504x2336, 311 KB)A photograph of an old British passport with a Hong Kong right of abode stamp. ... Image File history File links Download high resolution version (3504x2336, 311 KB)A photograph of an old British passport with a Hong Kong right of abode stamp. ... The status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory // The British Nationality Act 1981 came into force on 1 January 1983, and divided Citizens of the United Kingdom and Colonies (CUKCs) into three categories: British citizens... For Microsoft Corporations universal login service, see Microsoft Passport Network. ... The right of abode refers to an individuals freedom from immigration control in a particular country. ... (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s As a means of recording the passage of time, the 20th century was that century which lasted from 1901–2000 in the sense of the Gregorian calendar (1900–1999... One country, two systems (Simplified Chinese: 一国两制; Traditional Chinese: 一國兩制; pinyin: yì; guó liÇŽng zhì; Jyutping: jat1 gwok3 loeng5 zai3; Yale: yāt gwok leúhng jai), is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the Peoples Republic of China (PRC), for the unification of China. ... January 29 is the 29th day of the year in the Gregorian calendar. ... 1999 (MCMXCIX) was a common year starting on Friday, and was designated the International Year of Older Persons by the United Nations. ... Court of Final Appeal usually refers to the last court in which one can appeal cases brought before the highest level. ... The right of abode refers to an individuals freedom from immigration control in a particular country. ... The highlighted area in the map is what is commonly known as mainland China. Mainland China (Simplified Chinese: ; Traditional Chinese: ; pinyin: ; literally The Chinese Massive Landmass or Continental China) is a geopolitical term which is usually synonymous with the area currently administered by the Peoples Republic of China (PRC... The interior page of a BDTC passport that has been stamped by the former British immigration authorities to indicate that the bearer has the right of abode in Hong Kong. ... The well-being or quality of life of a population is an important concern in economics and political science. ...

Many political commentators claimed that Hong Kong would have been overrun with those claiming the right of abode from mainland China, possibly disrupting the economy of Hong Kong, which prompted the government of Hong Kong to ask the Standing Committee of the National People's Congress to reinterpret Articles 22(4) and 24(2)(3) of Hong Kong's Basic Law, which effectively overturned the court decision. This move prompted large protests and debate over whether or not Hong Kong's judiciary remained independent from that of mainland China. The NPC's interpretation was appealed to the Court of Final Appeal, who ruled that the NPC's interpretation of the Basic Law was constitutional, thus denying almost all people listed as plaintiffs, including those already in Hong Kong since the first week of 1997, the right of abode. Other Hong Kong topics Culture - Education Geography - History - Politics Hong Kong Portal The economy of Hong Kong is widely believed to be the economically freest in the world. ... The Government of the Hong Kong Special Administrative Region of the Peoples Republic of China (Chinese: 中華人民共和國香港特別行政區政府; see pronunciation; conventional short name Hong Kong Government, 香港政府), led by the Chief Executive is responsible for the administration of Hong Kong. ... The Great Hall of the People, where the NPC convenes The National Peoples Congress (全国人民代表大会 in Pinyin: Quánguó Rénmín Dàibiǎo Dàhuì, literally Pan-Nation Congress of the Peoples Representatives), abbreviated PNCOTPR, is the highest... This is a list of articles about the fundamental constitutional laws, known as Basic Laws, of various jurisdictions. ... Demonstrators march in the street while protesting the World Bank and International Monetary Fund on April 16, 2005. ... The Judiciary of Hong Kong is responsible for the administration of justice in Hong Kong. ... 1997 (MCMXCVII) was a common year starting on Wednesday of the Gregorian calendar. ...

Citizenship and residence in Hong Kong

A common advertisement before the handover in 1997 advising people to take British National (Overseas) citizenship.

As Hong Kong is not an independent nation, there are no provisions for Hong Kong citizenship. The right of abode in Hong Kong is almost identical in nature to citizenship, however the right of abode in Hong Kong confers no legal status in mainland China, while citizens of Hong Kong who are eligible for Hong Kong passports must also be citizens of China and ethnically Chinese. Before the handover of Hong Kong to China in 1997, the right of abode was derived from the United Kingdom, and those who had the right of abode in Hong Kong were British nationals with British Dependent Territories citizenship (BDTC). After the Hong Kong Act 1985 was passed, all BDTC's were eligible to register to apply for a new category of British nationality, known as British National (Overseas) or BN(O). Around 3.5 million residents of Hong Kong held solely BDTC before the Hong Kong Act 1985. These people would have automatically lost their British nationality with the handover of Hong Kong back to China in 1997, and either become stateless or citizens of the People's Republic of China (PRC). Image File history File links BNO advertisement, HK Magazine, Hong Kong. ... Image File history File links BNO advertisement, HK Magazine, Hong Kong. ... The transfer of Hong Kong from the United Kingdom to the Peoples Republic of China (PRC), often referred to as The Handover, occurred on June 30, 1997. ... 1997 (MCMXCVII) was a common year starting on Wednesday of the Gregorian calendar. ... This article concerns matters of British nationality law in relation to Hong Kong. ... Citizenship is membership in a political community (originally a city but now usually a country) and carries with it rights to political participation; a person having such membership is a citizen. ... The highlighted area in the map is what is commonly known as mainland China. Mainland China (Simplified Chinese: ; Traditional Chinese: ; pinyin: ; literally The Chinese Massive Landmass or Continental China) is a geopolitical term which is usually synonymous with the area currently administered by the Peoples Republic of China (PRC... The Hong Kong Special Administrative Region Passport (Traditional Chinese: ) is the official international travel document issued to Chinese citizen who have the right of abode in the Hong Kong Special Administrative Region and hold Hong Kong permanent identity cards. ... 1997 (MCMXCVII) was a common year starting on Wednesday of the Gregorian calendar. ... The United Kingdom has arguably the worlds most complex nationality laws, because of its former status as an imperial power. ... This article concerns matters of British nationality law in relation to Hong Kong. ... 1997 (MCMXCVII) was a common year starting on Wednesday of the Gregorian calendar. ... The term stateless can mean more than one thing: In law, a stateless person is a person without a state, in other words someone who is not a citizen or subject of any state. ...

Becoming a BN(O) was neither automatic nor involuntary, and indeed many people who had the right to become BN(O)s never registered. At the stroke of midnight on 1 July 1997, all BDTC's lost their citizenship, and if they were of Chinese descent, automatically acquired PRC citizenship with the right of abode in Hong Kong. However, those who were not eligible for Chinese citizenship (includes ethnic Chinese from Southeast Asia countries) were able to maintain their right of abode in Hong Kong because they are still permanent resident of Hong Kong, they retained their BN(O) status and can be registered as British Citizen under British Nationality (Hong Kong) Act 1997. July 1 is the 182nd day of the year (183rd in leap years) in the Gregorian Calendar, with 183 days remaining. ...

Court of Final Appeal judgement in 1999

According to Article 24 of the Basic Law, Chinese nationals may acquire the right of abode in Hong Kong by one of three ways: if they were born in Hong Kong before or after the transfer of sovereignty (Article 24(2) (1)); if they have resided in Hong Kong for a continuous period of not less than seven years before or after the transfer of sovereignty (Article 24(2) (2)); or if they were born outside Hong Kong to persons covered by the above to categories (Article 24(2) (3)). Many people from Hong Kong had moved to Mainland China and started families, and under the immigration law prior to 1 July 1997, their children born in mainland China had no right of abode in Hong Kong. After the Basic Law came into effect, the government of Hong Kong realised that Article 24(2)(3) would have permitted thousands of children in mainland China, who previously had no right to enter Hong Kong for settlement, to immigrate to Hong Kong. Many children who had already illegally come to Hong Kong or overstayed their visas presented themselves to immigration authorities and claimed that they were entitled to stay in Hong Kong under Article 24(2)(3). Cover of Index to the Basic Law The Basic Law of the Hong Kong Special Administrative Region of the Peoples Republic of China (中華人民共和國香港特別行政區基本法; or in short 香港基本法 or 基本法) serves as the constitutional document of Hong Kong. ...

In response, the Legislative Council proposed to restrict the right of such persons by adding an additional requirement that one of the child's parents must have been a permanent resident at the time of the child's birth. On 10 July 1997, the Legislative Council passed the Immigration Amendment No. 3 Ordinance that introduced a certification system. Under this system, any person who claims to have the right of abode in Hong Kong can only prove their status by showing a certificate of right of abode issued by the Director of Immigration of Hong Kong. This certificate could only be applied for in mainland China, and would not be issued until the application obtained a one-way permit to cross the border to Hong Kong from the Chinese Public Security Bureau. The amendment was made retroactive to 1 July 1997, which meant that even children who had already arrived in Hong Kong with previously sufficient legal documentation would have been stripped of their right for lack of a certificate that did not yet exist when they entered Hong Kong. The retroactivity of the amendment triggered a number of test cases in court, which eventually came before the Court of Final Appeals as Ng Ka Ling v. Director of Immigration. The Legislative Council (abbreviated as LegCo; Chinese: 立法會, Pinyin: Lìfǎ Huì; formerly 立法局, Lìfǎ Jú) is the unicameral legislature of the Hong Kong Special Administrative Region of the Peoples Republic of China. ... July 10 is the 191st day (192nd in leap years) of the year in the Gregorian Calendar, with 174 days remaining. ... 1997 (MCMXCVII) was a common year starting on Wednesday of the Gregorian calendar. ... In the Peoples Republic of China, Public Security Bureau (Chinese: 公安局; pinyin: ) or PSB refers to government offices that handle things such as policing, security and social order, but also issues such as residence registration as well as immigration and travel affairs of foreigners. ...

In the case of Ng Ka Ling v. Director of Immigration, the Court of Final Appeals was asked to rule on two major issues in the challenge of the constitionality of the Immigration Ordinance. One of which was whether, in order to be deemed a permanent resident under Article 24(2)(3), "persons of Chinese nationality born outside of Hong Kong of those residents listed" who were permanent residents article Article 24(2)(1) and Article 24(2)(2) must have been born at a time when either parent had already become a permanent resident, or whether it was sufficient that either parent subsequently acquired permanent residence. Another issue was whether persons of PRC nationality living in mainland China who qualified for permanent residence in Hong Kong under Article 24 would have to acquire an exit permit from the Chinese government to leave mainland China before they could exercise the right of abode in Hong Kong. This requirement was allegedly justified on the basis of Article 22 of the Basic Law, which states that "people from other parts of China must apply for approval" from the Chinese government before entering Hong Kong, and that the central government in Beijing determines the number of people who may enter Hong Kong for settlement, after consultation with the Hong Kong government. The issue thus became one of whether Article 22 constituted a restriction to free exercise of Article 24. One-way Permit (Chinese: 單程證 or 單程通行證) is a document issued by the Peoples Republic of China allowing residents of mainland China to leave the mainland for Hong Kong. ... Beijing [English Pronunciation] (Chinese: 北京 [Chinese Pronunciation]; Pinyin: Běijīng; IPA: ), a metropolis in northern China, is the capital of the Peoples Republic of China (PRC). ...

The Court of Final Appeal announced its far-reaching verdict on 29 January, 1999, which affirmed some fundamental constitutional principles. The Court of Final Appeal held that the Basic Law was a living document that, like any other constitution, should receive a generous and purposive approach to interpretation. The Court of Final Appeal also held that in considering any particular provision, the court should take into account the International Covenant of Civil and Political Rights (ICCPR) as it applied to Hong Kong. The Court of Final Appeals found that the right of abode was a core right under the ICCPR, and that based upon the ICCPR and other international treaties, taking away a core right by retroactive legislation was unconstitutional, and in this regard, no distinction should be drawn between legitimate and illegitimate children. The court also rejected the idea that Article 22(4) qualified the right of abode in Article 24(2)(3). The Court found that a scheme to verify the claim of right of abode was in itself constitutional, but that linking the certification system to the one-way permit system, which essentailly concerned the right to exit mainland China and nothing to do with the right of abode in Hong Kong, was unconstitional. In another decision delivered on the same day, the Court further held that, as a matter of construction of Article 24, it was unnecessary that the parent was a Hong Kong permanent resident at the time of the birth of the claimant in order for the claimant to enjoy a right of abode in the HKSAR. The Court's decisions confirmed the right of abode in the HKSAR for an estimated 1.67 million persons born in the mainland, a figure that would continue to rise. January 29 is the 29th day of the year in the Gregorian calendar. ... 1999 (MCMXCIX) was a common year starting on Friday, and was designated the International Year of Older Persons by the United Nations. ... Parties to the ICCPR: members in green, non-members in grey The International Covenant on Civil and Political Rights is a United Nations treaty based on the Universal Declaration of Human Rights, created in 1966 and entered into force on 23 March 1976. ...

On 29 January 1999, the Court of Final Appeal, the highest judicial authority in Hong Kong, ruled that Article 24(2)(3) of the Basic Law gives the right of abode (ROA) to children born of a Hong Kong permanent resident, regardless of whether that parent became a permanent resident before or after the child's birth. Furthermore, despite Article 22(4) of the Basic Law which stated that people "from other parts of China" must apply for approval for entry into Hong Kong, the Court ruled that persons who have ROA under Article 24(2) of the Basic Law are not subjected to the provision. January 29 is the 29th day of the year in the Gregorian calendar. ... 1999 (MCMXCIX) was a common year starting on Friday, and was designated the International Year of Older Persons by the United Nations. ... Court of Final Appeal usually refers to the last court in which one can appeal cases brought before the highest level. ...

Based on the ruling, the Government estimated that the additional eligible persons in Mainland China who can obtain the Right of Abode (and therefore can immigrate to Hong Kong) within ten years would reach 1.6 million, and would result in very severe social and economic problems. While some questioned the methodology of the survey, opinion polls conducted revealed widespread concerns among the public on the consequences. The highlighted area in the map is what is commonly known as mainland China. Mainland China (Simplified Chinese: ; Traditional Chinese: ; pinyin: ; literally The Chinese Massive Landmass or Continental China) is a geopolitical term which is usually synonymous with the area currently administered by the Peoples Republic of China (PRC...

The debate on way forward

A number of persons in the legal sector believed that the best way forward was to seek the National People's Congress (NPC) of the People's Republic of China to amend the part of the Basic Law in order to redress the problem. They argued that judgment has correctly reflected the true legislative intent of Articles 22(4) and 24(2)(3) of the Basic Law, and there are precedents in common law jurisdictions to repudiate a court judgment by means of legislative amendment. However, the Government pointed out (in May 1999) the disadvantages of such option, that since the NPC would meet only once a year in March, a large number of ROA claimants would have flooded Hong Kong by then, and also that the Basic Law, as a constitutional document, should not be amended lightly before other options are fully explored. The Great Hall of the People, where the NPC convenes The National Peoples Congress (全国人民代表大会 in Pinyin: Quánguó Rénmín Dàibiǎo Dàhuì, literally Pan-Nation Congress of the Peoples Representatives), abbreviated PNCOTPR, is the highest... Cover of Index to the Basic Law The Basic Law of the Hong Kong Special Administrative Region of the Peoples Republic of China (中華人民共和國香港特別行政區基本法; or in short 香港基本法 or 基本法) serves as the constitutional document of Hong Kong. ...

Based on the above, the Hong Kong Government sought interpretation of, rather than amendment to, the Basic Law from the Standing Committee of the National People's Congress (NPCSC). The power of interpretation of the Basic Law by the NPCSC is explicitly provided under Article 158(1) of the Basic Law. However, no mechanisms are explicitly provided under that Article for the Government to take the initiative to seek an interpretation. (The Article provides only that the Court should seek an interpretation if it comes across Basic Law provisions concerning affairs under the responsibility of the Central Government or its relationship with the HKSAR before the final judgement. Article 22 in question is arguably one of such provisions). The Standing Committee of the National Peoples Congress (NPCSC; Chinese: 全国人民代表大会常务委员会, pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Chángwù Wěiyuánhuì) is a committee of about 150 members of the National Peoples Congress (NPC) of the Peoples Republic of China (PRC), which... Cover of Index to the Basic Law The Basic Law of the Hong Kong Special Administrative Region of the Peoples Republic of China (中華人民共和國香港特別行政區基本法; or in short 香港基本法 or 基本法) serves as the constitutional document of Hong Kong. ...

Judicial independence undermined?

Some have argued that the judicial independence of Hong Kong is undermined by the act of Government seeking an interpretation of the Basic Law after a judgement by the judiciary has been made. (Some critics dubbed this a re-interpretation of the Basic Law). In addition, the fact that NPC is the law-making body of People's Republic of China has prompted critics to argue that the principle of One country, two systems is endangered. The Government argued otherwise. In its paper Right of Abode, The Solution, the problems facing the HKSAR, the options, and the considerations leading to the decision were elaborated. The Secretary for Justice, Elsie Leung, further defended Government's decision in her speech to the Legislative Council after announcing the decision. One country, two systems (Simplified Chinese: 一国两制; Traditional Chinese: 一國兩制; pinyin: yì; guó liǎng zhì; Jyutping: jat1 gwok3 loeng5 zai3; Yale: yāt gwok leúhng jai), is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the Peoples Republic of China (PRC), for the unification of China. ... Elsie Leung Oi Sie GBM JP (Chinese: 梁愛詩, born 1939) was the Secretary for Justice of the Hong Kong Special Administrative Region from 1997 to 2005, and was a member of the Executive Council of Hong Kong. ... The Legislative Council (abbreviated as LegCo; Chinese: 立法會, Pinyin: Lìfǎ Huì; formerly 立法局, Lìfǎ Jú) is the unicameral legislature of the Hong Kong Special Administrative Region of the Peoples Republic of China. ...

Others have argued that regardless of the merits of the case, it was politically unwise for those worried about Hong Kong legal autonomy to use this as a test case to assert Hong Kong's judicial independence, since it is the general consensus that the Hong Kong public tended to support the position of the SAR government as well as the legal interpretation of the NPCSC.

On 26 June 1999, in line with the request of the HKSAR Government, the NPCSC issued its interpretation which makes it clear that children born outside Hong Kong will be eligible for the right of abode only if at least one of their parents has already acquired permanent residence status at the time of their birth. Also, those eligible for ROA need to comply with Article 22 of the Basic Law, i.e. they need to apply for the necessary approval from the relevant Mainland authorities before entry into Hong Kong. June 26 is the 177th day of the year (178th in leap years) in the Gregorian Calendar, with 188 days remaining. ... 1999 (MCMXCIX) was a common year starting on Friday, and was designated the International Year of Older Persons by the United Nations. ...

The Chief Executive, Tung Chee Hwa, announced measures to be taken by the Government. Later rulings of the Court of Final Appeal confirmed that the Government had acted entirely constitutionally and legally. Other Hong Kong topics Culture - Economy Education - Geography - History Hong Kong Portal The Chief Executive of the Hong Kong Special Administrative Region (Traditional Chinese: , Simplified Chinese: , pinyin: Xiānggǎng Tèbié Xíngzhèngqū Xíngzhèng Zhǎngguān; Cantonese Jyutping: hoeng1 gong2 dak6 bit6 hang4 zing3 keoi1... Tung Chee Hwa (Traditional Chinese: , Simplified Chinese: ; Shanghainese IPA: ; Mandarin Wade-Giles: Tung Chien Hua; Gwoyeu Romatzyh: Doong Jiann Hwa (His name is romanized in the above 3 systems. ...

While it is widely recognized that Hong Kong's courts remain independent and the rule of law is respected, some critics (mostly the legal sector) believed that judicial independence is undermined in the incident.

Protests

The right of abode supporters continues to protest to try and change government policy. The protestors are frustrated at the government for ignoring them. While most protests have been peaceful, in 2000, some protestors tried to burn down a Immigration office, killing 2 people in the process.

In 2006, 4 protestors climbed on top of a bridge in protest. The government ignored their requests and did not meet them, claiming they were holding emergency meetings to decide how to deal with them. Their actions blocked traffic and caused inconvenience to many people. Another protestor was arrested for "assaulting" the police.

See also

• Politics of Hong Kong
• Regina Ip
• Demographics of Hong Kong

Politics of Hong Kong takes place in a framework of a political system dominated by the Peoples Republic of China, an own legislature, the Chief Executive as the head of government, and of a pluriform multi-party system. ... Regina Ip Lau Suk-yee (葉劉淑儀) is a formerly prominent government official of the Hong Kong Special Administrative Region (HKSAR). ... The population of Hong Kong increased steadily over the last decade of the 1990s, reaching about 7. ...

References

• HKSAR Government press releases on the Right of Abode issue
  • Government paper: "Interpretation: A legal and constitutional option"
  • Speech by Secretary for Security, Mrs. Regina Ip, to LegCo on the issue
  • Government survey reveals more worries over ROA
  • Speech by Secretary for Security to move amendments of immigration legislation

• Views of the Hong Kong Bar Association on the issue