Hong Kong Nationality: Laws, BNO, and HKSAR Passport

There is no separate Hong Kong nationality. Residents of the Hong Kong Special Administrative Region fall under the Nationality Law of the People’s Republic of China, which has applied in the region since July 1, 1997.¹ Under the “one country, two systems” framework, your legal nationality is decided by Beijing’s rules, while a separate set of local residency rights governs whether you can live, work, and hold a passport in Hong Kong. The practical result is a layered system: Chinese nationality, permanent residency, and the HKSAR passport are three different things, and you can hold some without the others.

How Chinese Nationality Applies in Hong Kong

In May 1996, the Standing Committee of the National People’s Congress adopted a set of explanations spelling out how Chinese nationality law would work after the handover.² The core rule is simple. Any Hong Kong resident of Chinese descent who was born in Chinese territory, including Hong Kong itself, is a Chinese national. Holding a British National (Overseas) passport or a former British Dependent Territories citizen passport does not change that classification.¹

The NPC Explanations also address consular protection. Chinese nationals in Hong Kong who hold foreign-issued travel documents may use them to travel abroad, but they are not entitled to foreign consular protection anywhere on Chinese soil, including Hong Kong.² A Hong Kong resident who carries both a Chinese identity and a foreign passport cannot call on that foreign country’s embassy for help while in Hong Kong or on the mainland.

Nationality at birth follows parentage. A person born in China to at least one Chinese national parent is a Chinese national.³ Because Hong Kong counts as Chinese territory, children born there to Chinese national parents acquire Chinese nationality automatically, with no application needed.

Dual Nationality and What Happens When You Get a Foreign Passport

China does not recognize dual nationality. Under Article 9 of the Nationality Law, a Chinese national who settles abroad and voluntarily acquires foreign nationality automatically loses Chinese nationality.³

Hong Kong works differently, and this is the point most residents miss. The NPC Explanations prevent that automatic loss from applying to Hong Kong residents. A Hong Kong resident who acquires foreign citizenship continues to be treated as a Chinese national unless they take the affirmative step of filing a Declaration of Change of Nationality with the Immigration Department.² Without that formal declaration, the Chinese government treats the foreign passport as a travel document and ignores the foreign citizenship. Getting a Canadian, Australian, or American passport, on its own, does not end your Chinese nationality in Hong Kong.

Filing a Declaration of Change of Nationality

The declaration is the formal mechanism to be recognized as a foreign national rather than a Chinese one. The application requires personal details, a copy of your Hong Kong identity card, proof of foreign nationality such as a foreign passport and certificate of naturalization, and a residency history. Foreign-language documents need a certified translation in Chinese or English. Declarations can be submitted online through GovHK.⁴

Filing has real consequences. Once approved, you lose the right to hold an HKSAR passport and cannot claim the protections of Chinese nationality. You also become subject to a residency rule that Chinese nationals are exempt from: a non-Chinese permanent resident who is continuously absent from Hong Kong for 36 months or more loses the right of abode. When that happens, status automatically converts to a “right to land,” which still allows entry and lets you live, study, or work in Hong Kong without restriction, but ends eligibility for an HKSAR passport.⁵ Chinese nationals with right of abode keep it no matter how long they stay away. That asymmetry — foreign consular protection on one side, HKSAR passport and unshakeable right of abode on the other — is often the deciding factor.

BNO Passports and Status

British National (Overseas) status was created during the handover transition to give certain Hong Kong residents a form of British nationality carrying limited rights. From Beijing’s perspective, a BNO passport never conferred foreign nationality on its holder. The NPC Explanations stated that BNO passport holders of Chinese descent remain Chinese nationals.¹

The situation escalated in January 2021, when the United Kingdom launched a new BNO visa scheme allowing eligible Hong Kong residents to live and eventually settle in the UK. In response, the Chinese government announced on January 29, 2021, that it would no longer recognize BNO passports as a valid travel document or form of identification, effective January 31, 2021. For residents still in Hong Kong, the practical impact is that a BNO passport cannot be used for any official purpose locally, though it may still be used to travel to countries that accept it.

Becoming a Chinese National by Naturalization

Foreign nationals and stateless persons who are not Chinese by birth can apply for naturalization. The Nationality Law sets three qualifying conditions, and an applicant must meet at least one:³

Being a close family member of a Chinese national.
Having settled in Chinese territory, including Hong Kong.
Having other legitimate reasons, a catch-all that gives authorities discretion.

Beyond those thresholds, applicants must be of good character, be of sound mind, demonstrate adequate knowledge of the Chinese language, and be willing to abide by China’s constitution and laws.⁶ The Immigration Department does not publish a specific test or score for language proficiency; adequate knowledge is assessed case by case.

Adults aged 18 and over use Form ID874; applicants under 18 use Form ID875. Those applying from outside Hong Kong use ID922 or ID923. The total fee is HK$3,460, split into two payments: HK$1,730 at submission and HK$1,730 when the certificate is issued, after the applicant provides proof of giving up any foreign nationality.⁶

Renunciation and Restoration

Renunciation is different from filing a Declaration of Change. It is for a person who wants to end their Chinese citizenship outright rather than simply have their foreign nationality recognized. The application uses Form ID877.⁷ A successful renunciation means the person is no longer a Chinese national and cannot hold an HKSAR passport.

Former Chinese nationals who gave up their citizenship can apply to get it back through a restoration application using Form ID878. The applicant must explain their reasons and disclose any criminal record. As with naturalization, a successful applicant cannot retain foreign nationality; proof of giving up the foreign citizenship is required before the restoration certificate is issued.⁸

The HKSAR Passport

The Hong Kong Special Administrative Region passport is the region’s primary international travel document. Eligibility requires three things at once: Chinese citizenship, permanent residency in Hong Kong, and a valid Hong Kong permanent identity card.⁹ A Chinese national without permanent residency cannot apply, and a permanent resident who is not a Chinese national cannot apply.

The HKSAR passport grants visa-free or visa-on-arrival access to 175 countries and territories.¹⁰ It identifies the holder as a Chinese national but is a separate document from the passport issued to mainland Chinese residents, and the two carry different visa-free access profiles. Fees depend on page count and applicant age: for applicants 16 and over, a 32-page passport costs HK$430 and a 48-page HK$520, both valid ten years; for children under 16, HK$215 and HK$260, valid five years.¹¹

1
Immigration Department. Nationality Law of the People’s Republic of China
2
Basic Law of the Hong Kong Special Administrative Region. 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 Hong Kong Special Administrative Region
3
National Immigration Administration. Nationality Law of the People’s Republic of China
4
GovHK. Online Application for Declaration of Change of Nationality
5
Immigration Department. Right of Abode
6
Immigration Department. Application for Naturalisation as a Chinese National
7
Immigration Department. Application for Renunciation of Chinese Nationality
8
Immigration Department. Application for Restoration of Chinese Nationality
9
GovHK. Application for HKSAR Passport
10
Immigration Department. Visa-Free Access or Visa-on-Arrival for HKSAR Passport
11
Immigration Department. Fee Tables