"Overseas born children of former Hong Kong residents, who, by descent, were qualified for British Dependent Territories Citizens (BDTC) passports before 1 July 1997, are eligible for the Right of Abode (ROA) status, Mr. Donald Tong, the Director of the Hong Kong Economic and Trade Office (HKETO) of the Hong Kong Special Administrative Region Government in Canada, said today (Nov. 23, 1998).

However, explained Mr. Tong, these children who have not lived in Hong Kong previously or have been absent from Hong Kong for more than three years must return or visit the territory before December 31, 1998 to retain their ROA in Hong Kong.

Children born in Canada to former Hong Kong residents (e.g. holders of Certificate of Identity), who were not qualified for BDTC passports would not be entitled to ROA in Hong Kong even if they visit Hong Kong before December 31, 1998.

Mr. Tong said the HKETO has been receiving many enquiries in Canada, especially from Toronto, Vancouver and Calgary where large communities of former Hong Kong residents have settled requesting clarification about the ROA status of their children born in Canada.

He said that any person who wishes to find out whether he or she needs to return to Hong Kong should first simply establish whether he/she is a Chinese citizen.

According to the Nationality Law of the People's Republic of China as applied in the HKSAR, Hong Kong residents who are of Chinese descent and born in the Chinese territories (including Hong Kong) are Chinese citizens.

These Chinese citizens of Hong Kong can use their foreign passports for the purpose of travel, but if they want to be regarded as foreign nationals while in Hong Kong, they have to make an application to the Hong Kong Immigration Department for change of nationality.

"Under the Immigration Ordinance, any Chinese citizen who had the ROA in Hong Kong before the handover on July 1, 1997 continues to enjoy that right as long as he/she remains a Chinese citizen. Such a right will not be lost because of physical absence from Hong Kong."

Non-Chinese citizens, including overseas-born children and those former Hong Kong residents who have renounced their Chinese nationality, will only be able to retain their ROA in Hong Kong if their absence from Hong Kong is no longer than 36 months continuously. However, a person who loses the ROA will automatically acquire a right to land without any formalities and this right will entitle him to work or live in Hong Kong indefinitely without restrictions.

An updated booklet on ROA is available for collection at the Hong Kong Economic and Trade office at 174 St. George Street, Toronto (opposite St. George subway station).

The booklet may also be downloaded by clicking one of the highlights entitled "Right of Abode �" at HKTO's website www.hketo.ca.

The same information is also available at Immigration Department's homepage at www.info.gov.hk/immd/. Their e-mail address is [email protected].

Enquiries may also be directed to the Right of Abode office of the Immigration Department:

Address: 10th Floor, Harbour Building, 38 Pier Road, Central Hong Kong
ROA Enquiry Hotline: (852) 2824 4055
Faxline: (852) 2598 8388