Talk:Hong Kong and British nationality law

Untitled
BNO serves as a travel document and eventhen, there are so many restrictions when travelling with BNO. In short BNO passport holders are stateless.

Being one stateless, BNO holder, i fell that i have no national identity. When asked what is my nationlity, I state BNO, but what is BNO? Are BNO hodlers second class or even third class citizens that UK does not want to assume us as thier own? Are we just mere subjects that were / are trapped in a vacumm of history when the british empire was vast and in full force to optimize economic opportunities in the East. Are we so dispensible or product of historical exploitation and discrimination?

The British government should and must be rensponsible for the subjects that lived, abided and respected their laws.It should not be manipulated that all subjects holding BNO become unwanted product of convenience.

How and when will the British government address the issue of BNO holders right of claim for residency in the UK and the rights to protection form the UK government.

Annanomous The writer reflects his personal views and opinion. It is not a declared petition made collectively.

The original article BN(O) 15:34, 11 November 2005 (UTC)

British National (Overseas) passports are issued by the government of the United Kingdom. However, it does not confer the holder to the right of abode in the UK.

Main articles: British Nationality Law and British nationality law and Hong Kong

It does entitle the holder to British consular protection in most cases. However, for BN(O) passport holders who are co-holding PRC Citizenship, they cannot enjoy British consular protection inside the PRC (Mainland China and Hong Kong and Macau). However, it is not clear that whether BN(O)s can enjoy British Consular protection in Taiwan (the Republic of China).

For PRC citizens who also holds a BNO passport, their quasi-British passport is not acceptable for travel into the mainland of the People's Republic of China. No can visas be issued at the border on their BN(O). See Home Return Permit.

But the PRC issue visas for BN(O)s who does not hold PRC citizenship.

The BN(O) succedes the BDTC passports previously issued to Hong Kong residents. BDTC passports ceased to be valid when Hong Kong was transferred back to the PRC.

No new applications for BN(O) status will be accepted any more and BN(O) status cannot be passed on by descent.

Application for Renewal
British National (Overseas) passports holders can renew their passports in Hong Kong at the British Consulate general:

British Consulate-General No 1 Supreme Court Road Central Hong Kong (P O Box 528)

Short introduction
Many contents in this section are incorrect. 143.89.188.4

There are 6 types of British passports for non-British Citizens. See the article British nationality law for more information.

All these confusing names were created after the British Nationality Act in 1986, a consequence of the Joint Declaration.

BDTC and BN(O) are more related to HK people.

BDTC will cease to exist after 30 June 1997. After that date you can be either BNO or BOC (more later).

As from 1 July 1987, HK people can choose between BN(O) or BDTC.

To ensure BN(O) passport will be acceptable for the purpose of international travel and for the return to HK after 30 June 1997, the British and the Chinese Government have agreed that the BNO passport contain the following endorsement:-

"The holder of this passport has Hong Kong permanent         identity card number xxxx which states that the          holder has the right of abode in Hong Kong."

i.e. you MUST have a valid Hong Kong ID card to apply for BNO passport. That may not be a problem for people living in Hong Kong but for some people who does not have a valid HK ID card living overseas. There may be a slight problem. But it just take longer time.

BNO can be used even after 30 June 1997. So why people seems to reluctant to change their passport to BNO? And why the British government so eager to force HK people to accept BNO?

After 30 June 1997, BDTC does not exist. According to Hong Kong Immigration Department information I.D.639.

You may lose your British nationality on 1 July 1997 if you are a Hong Kong BDTC and you:- (a) have never held (or been included in) a BNO passport before that date; AND (b) have another nationality. ^^^^^^^

Hong Kong BDTCs who fails to obtain BN(O) passport before 1 July 1997 and who then have no other citizenship or nationality will automatically become British Overseas citizens (BOC) on 1 July 1997.

What you have to do, in principle, is not accepting BN(O) and renounce your Chinese citizenship and you do not have other citizenships (Canada, Australia, Fuji, Tongo ...). Then the British Government have to take you as BOC.
 * THERE IS THE OPTION OF BECOMING BOC***

(You should be solely British, including BN(O), before Feb, 1997 so to be eligible to apply for BOC status. Since the Chinese government considers all ethnic Chinese people to be Chinese citizen regardless of being born under the colonial rule, ethnic Chinese people are not eligible to apply for BOC status under normal cirsumstance. By the way, BN(O) is not stateless, nor is it Chinese; BN(O) is a British Citizenship although it does not entitle the holder to enjoy FULL citizenship rights, which is in itself a breach of Human Rights. The misconception of BN(O) being stateless or Chinese is owing to the 'propagenda' prevailed in Hong Kong. )  —Preceding unsigned comment added by 129.177.44.20 (talk) 21:48, 16 March 2008 (UTC)

The Chinese Government, according to the Memorandum of the Joint Declaration, regards all HK Chinese have Chinese citizenship whether they hold BDTC or not; and the Chinese Government *allows* these Chinese citizens to use British issued "travel documents" to "travel". i.e. BNO in the eyes of Chinese government is a "travel document" not a citizenship. (No dual citizenship)

Holder of BN(O) *DOES NOT* have the protection of UK in overseas (overseas here have special importance here because Hongkong will not be under British rule after 30 June 1997.) nor you have the right of abode in Britain whereas BOC in Hong Kong and China *DOES* have the have protection of UK though you STILL DON'T have the right of abode in Britain.

Consider a hypothetical situation: If all HK Chinese take up BNO the British Government will not be responsible for us. On the other hand, if we all get BOC, the British Government is still liable to the request of protection from 3.5 millions (?) HK Chinese who are eligible to become BOC. A nightmare for the British Government. That may be the reason why the British so eager to ask you you to accept BN(O).

In short, BN(O) holders will be regarded as Chinese Citizen by both the Chinese and the British Government practically because you can't get protection from British. It merely a travel document (function like The Hong Kong Certificate of Identity ?).

You may not care about the so called "protection". The judgement is yours. After all, whatever name you call it BDTC, BN(O), BOC, they are just "second" class British citizenship.

Recently, the Legislative Council successfully lobbied the British Government not to force HK people to change *immediately* to BN(O) passport. But you still have to register for BN(O) passport and get one, i.e. if your BDTC passport valid thru 30 June 1997, you have *TWO* passports in hand, the current valid one, BDTC and the one takes effect immediately after BDTC expires on 30 June 1997. However, once you register for BN(O) passport, you essentially lose the option of BOC. So the British still get what they want you to do.

I don't know the latest development whether there are legislation to punish people not register for BN(O) passport. It is an interesting question whether this constitute a violation of human rights because we are denied the choose of BOC same as denied the choice of having big family because of one child policy.

The above discussion may look complicated. Here I draw a diagram to help people to understand.

now                 30 June 1997 |          <--- BNO ---+ BNO ---> |            Can choose BNO/BDTC. |                                    |  1. "travel document" only But now the British  |     not citizenship in the want you to take     |     eyes of Chinese Gov. BNO, even before     |  2. UK protection in          you BDTC expired. |    overseas. |                                |+- get BNO after 30 June 1997 ||        <--- BDTC -->|          OR                                  | BDTC expired after    +- get BOC if you do not get 30 June 1997          |  BNO before, renounce | Chinese citizenship, | and don't have other | citizenship (Canada, S. Africa...) | British still responsible for you. |                                 |           OR                                  | +- Loss your British nationality if you do not get BNO and have another nationality (most common case Chinese                                     nationality by default)

Standard disclaimer applied. This is not mean to be a legal documents. I try to present the facts as accurate as I can. Any mistake or interpretation is mine. Read the instructions carefully when you applied for /renew your passport.

More general questions on renew passport (where or how) should consult soc.culture.hongkong FAQ or call your nearest British Consulate.

Guidance Notes BNO and BDTC Application, overseas edition
This official application form was issued by the Hong Kong Immigration Department of the colonial Hong Kong Government.

INFORMATION ON BRITISH NATIONAL (OVERSEAS) PASSPORT AND HONG KONG BRITISH DEPENDENT TERRITORIES CITIZEN PASSPORT (For Overseas Applications)

BACKGROUND

1. The United Kingdom Memorandum associated with the Joint Declaration on the future of Hong Kong and the Hong Kong Act 1985 provide that British Dependent Territories citizens (BDTCs) by virtue of a connection with Hong Kong only will cease to be BDTCs on 1 July 1997; but they are entitled, on or before such dates as specified in the Hong Kong (British Nationtionality) Order 1986. to acquire a new form of British nationality known as British National (Overseas) (BN(O)), and to hold or be included in a British passport appropriate to that status.

2. The status of BN(O) can be acquired on and after 1 July 1987 and may be held for life. Hong Kong BDTC status will continue until 30 June 1997. If BDTC status is renounced by a BN(O) before that date, both statuses will be lost simultaneously.

3. As from 1 July 1987. two types of British passports, namely BN(O) passports and BDTC passports, may be issued to Hong Kong BDTCs. BN(O) passports have a full ten year validity while BDTC passports are valid up to ONLY 30 June 1997.

4. Hong Kong BDTCs who wish to travel on British passports beyond 1997 must apply for or be included in a BN(O) passport on or before the relevant dates as specified in the Hong Kong (British Nationality) Order 1986.

RETENTION OF BRITISH NATIONALITY

5. Under Article 3 of the Hong Kong (British Nationality) Order 1986, a person who is a British Dependent Territories citizen by virtue of a connection with Hong Kong only shall cease to be such a citizen on 1 July 1997. You may. however, retain British nationality beyond this date by applying for a British National (Overseas) passport on or before the following dates as specified in the Second Schedule to that Order:

Year of birth                       Final date for of BDTCs                            receipt Of applications -                       ---         1967 to 1971                         30th October 2993 1962 to 1966                        31st March 1994 1957 to 1961                        31st August 1994 1947 to 1956                        28th February 1995 Prior to 1947                       30th June 1995 1972 to 1976                        31st October 1995 1977 to 1981                        30th March 1996 1982 to 1986                        29th June 1996 1987 to 1991                        30th September 1996 1992 to 1995                        31st December 1996 1996                                31st March 1997 1997 (before l July)                30th September 1997

6. An application submitted after the relevant final date should be accompanied by written reasons explaining why the application has been made after the final date or why there are other special circumstances which would justify late registration and any documentary), evidence in support of those reasons.

7. Any Hong Kong British Dependent Territories citizen who does not obtain a British National (Overseas) passport and would otherwise become stateless on 1 July 1997 will automatically become a British Overseas citizen.

ENDORSEMENT ON BN(O) PASSPORT

8.  On 1 July 1987. the Hong Kong Government began to issue a new form of identity card. known as the Hong Kong permanent identity card which states that the holder has the right of abode in Hong Kong. These cards will remain valid after 30 June 1997 until such time as they are replaced by identity cards issued by the Hong Kong Special Administrative Region (SAR) Government.

To ensure that BN(O) passport, will be acceptable for the purpose of international travel and for return to Hong Kong SAR after 30 June 1997. the British and Chinese Government have agreed that the BN(O) passport will contain the following endorsement:

"The holder of this passport has Hong Kong permament        identity card number (XYZ) which states that the holder         has the right of abode in Hong Kong."

Unless they already have Hong Kong permanent identity cards, all BN(O) passport applicants, as well as their children (irrespective of age) to be included in the BN(O) passport. should apply for a Hong Kong permanent identity card at the same time as they apply lot a BN(O) passport. This will enable the passport office to enter the endorsement on the BN(O) passport.

10. A Hong Kong permanent idemity card issued to a Hong Kong BDTC living abroad, who applies for a BN(O) passport. will be valid as long as the holder stays abroad. This identity card, however, must be renewed within 30 days after the holder's return to Hong Kong unless he/she is still under the age of 11.

11. Further information on permanent identity card registration is contained in the guidance notes obtainable from any Passport Office. British Embassy. British Consulate, British High Commission or the Hong Kong Immigration Department. 7 Gloucester Road. Wan Chai, Hong Kong.

FEATURES OF BN(O) PASSPORT AND BDTC PASSPORT

12. The features of the BN(O) passport and the BDTC passport are tabulated as below: BN(O) passport                            BDTC passport ---  --Retention of British   BN(O) status can be retained for life      BDTC status cannot be retained nationality                                                      after 30 June 1997 --Validity              ten years from date of issue               cannot be made valid beyond 30                                                                       June 1997 --Replacement           can be replaced both before and after      cannot be replaced after 30                               30 June 1997                               June 1997 --Right of abode       will bear an endorsement with              will bear an endorsement endorsement          reference to the holder's Hong Kong        stating the holder's fight of                                                       permanent identity card stating his        abode in Hong Kong right of abode in Hong Kong --Special               will bear the following endorsement:        no such endorsement endorsement             'In accordance with the United Kingdom Immigration Rules the holder of this passport does not require an entry certificate or visa to                         visit the United Kingdom'

PROCESSING TIME

13. It will take about twelve weeks to process an application for a BN(O) passport if you do not already have a Hong Kong permanent identity card. If you are applying for a BN(O) passport and you do have a Hong Kong permanent identity card or if you are applying for a BDTC passport it will take significantly less time.

14. Applications are to be accepted within normal office hours of the receiving offices. For applications sent in by post. the date of the post mark will be taken as the date of receipt of application.

ENQUIRIES

15. If after reading this leaflet, you still have a question, please contact the nearest Passport Office, British Embassy, British Consulate or British High Commission, or write to the Immigration Department of Hong Kong.

IMMIGRATION DEPARTMENT HONG KONG

Visa free access for BN(O) passport
(Last update: 17 June 2005)
 * 1. Albania*
 * 2. Anguilla
 * 3. Antigua & Barbuda
 * 4. Argentina
 * 5. Aruba
 * 6. Bahama's
 * 7. Bahrain*
 * 8. Bangladesh*
 * 9. Barbados
 * 10. Belgium
 * 11. Belize
 * 12. Bermuda
 * 13. Botswana
 * 14. British Indian Ocean Territory
 * 15. British Virgin Islands
 * 16. Canada
 * 17. Cayman Islands
 * 18. Chile
 * 19. Colombia
 * 20. Cook Islands
 * 21. Costa Rica
 * 22. Croatia
 * 23. Denmark
 * 24. Dominica (Commonwealth of)
 * 25. East Timor*
 * 26. Ecuador
 * 27. Falkland Islands
 * 28. Faroe Islands
 * 29. Fiji
 * 30. Gambia
 * 31. Gibraltar
 * 32. Greece
 * 33. Greenland
 * 34. Grenada
 * 35. Guam
 * 36. Haiti
 * 37. Honduras
 * 38. Iceland
 * 39. Indonesia*
 * 40. Irish Republic
 * 41. Israel*
 * 42. Italy
 * 43. Jamaica
 * 44. Japan
 * 45. Jordan*
 * 46. Kiribati
 * 47. Korea (South)
 * 48. Kuwait
 * 49. Lesotho
 * 50. Liechtenstein
 * 51. Luxembourg
 * 52. Malawi
 * 53. Malaysia
 * 54. Maldives*
 * 55. Mauritius
 * 56. Mexico
 * 57. Micronesia (Federal State of)
 * 58. Montserrat
 * 59. Namibia
 * 60. Netherlands
 * 61. Neth. Antilles
 * 62. New Zealand
 * 63. Nicaragua*
 * 64. Niue
 * 65. Northern Mariana Islands
 * 66. Papua New Guinea*
 * 67. Paraguay
 * 68. Peru
 * 69. Philippines
 * 70. Pitcarin, Henderson, Ducie & Oeno Islands
 * 71. Poland
 * 72. Samoa Island
 * 73. San Marino
 * 74. Serbia & Montenegro#
 * 75. Seychelles
 * 76. Singapore
 * 77. Solomon Islands
 * 78. South Africa
 * 79. Sri Lanka
 * 80. St Helena
 * 81. St Kitts-Nevis Anguilla
 * 82. St Lucia
 * 83. St Vincent/the Grenadines
 * 84. Swaziland
 * 85. Sweden
 * 86. Switzerland
 * 87. Thailand
 * 88. Tonga
 * 89. Trinidad & Tobago
 * 90. Tunisia
 * 91. Turks & Caicos Islands
 * 92. Tuvalu
 * 93. United Kingdom
 * 94. Uruguay
 * 95. Vanuatu
 * 96. Vatican City
 * 97. Venezuela
 * 98. Western Samoa
 * 99. Zambia*
 * 100. Zimbabwe*

British Consulate General Hong Kong
 * Visa can be obtained upon arrival.
 * 1) Visitors without hotel reservations must register with the local police within 24 hours of arrival.

Note: BN(O)s can enjoy de facto visa-free access into Taiwan, ROC. See the article