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SCMP Reporter

I refer to the letter from Karl John headlined 'Straight answer still wanted on citizenship' (South China Morning Post, May 21).

Regarding the criteria for being a Chinese citizen, the Chinese Nationality Law (CNL) has been applied locally since July 1, 1997 in accordance with Article 18 of the Basic Law of the Hong Kong SAR.

The Standing Committee of the National People's Congress has made certain 'explanations', regarding implementation of the CNL in the SAR. Those Hong Kong residents who are of Chinese descent and born in Chinese territory (including Hong Kong), and others who satisfy conditions laid down in the Nationality Law of the PRC to be eligible for Chinese nationality, are Chinese nationals.

According to the CNL, the following persons are Chinese nationals:

Any person born in China (including the Hong Kong SAR) where one or both parents are Chinese nationals.

Any person born abroad where one or both parents are Chinese nationals.

Any person born in China whose parents are stateless or of uncertain nationality and have settled in China.

A 'person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality'.

Foreign nationals or stateless persons who are willing to abide by China's constitution and who meet certain requirements may be naturalised as Chinese nationals upon approval of their applications. However, they may not retain foreign nationality. More information is available on the Hong Kong Immigration Home Page (http://www.info.gov/hk/immd/).

In the absence of information on Mr John's daughter, we cannot say if she is eligible for an HKSAR passport. Mr John may contact C. M. Ng, Chief Immigration Officer in charge of the Travel Documents (Application) Section on 2829 3093 for more information.

I do not know if the 'Return Homeland' pass mentioned by Mr John refers to the 'Home Visit Permit'. Our understanding is that Home Visit Permits are issued by the mainland authorities to facilitate the travel of Hong Kong SAR residents of Chinese nationality to the mainland. As such permits are under the control of the mainland authorities, your correspondent may wish to contact the China Travel Service to get detailed eligibility criteria.

K. M. LEE

for Director of Immigration



Nationality law lays down criteria