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Anonymous
Anonymous asked in 政治及管治法律及道德 · 1 decade ago

持有兩本護照是否屬双重國藉

請問可否同時持有英國本土(己入英藉)護照及香港特区護照,

此人是否屬於双重國藉, 合法否 ?

2 Answers

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  • 1 decade ago
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    請問可否同時持有英國本土(己入英藉)護照及香港特区護照

    That is dual citizenship.

    British Passport represent Brisith National, while HKSAR passport represent you are Chinese National.

    此人是否屬於双重國藉, 合法否 ?

    Yes and No. It depends on when and how you get your British Citizenship.

    Do remember Chinese Citizenship require the person to be SOLE Chinese Citizens. So Technically Chinese National Does not allow Dual Citizenship. And to get HKChinese SAR Passport, that person must be Chinese Citizenship. So, by getting HKSAR passport while you hold other citizenship. You are defrauding HK immigration and obtaining travel document illegal, both are criminal offence.

    HOWEVER, there are 2 things you need to remind of.

    Chinese do allow Hong Kong Chinese to hold 2 Citizenship in some circumstance. There are 2 situation in total.

    1.) If you claim your UK Citizenship by any mean before 1997. Chinese will not recgonise that UK Citizenship but you do not need to renounce such nationality, as per sino-british joint declaration in 1984.

    That mean if you hold UK Citizenship before 1 July 1997, you will not lost the UK Citizenship after turnover. But your UK Citizenship will not have effect when that person also hold Chinese Citizenship and in Chinese Soil or its SAR.

    2.) If you claim your citizenship by birth. As per international law.

    International Law states that a brith right (Born with Citizenship) is a forcible citizenship, regardless the person parental citizenship status. That mean the preson's birthright citizenship cannot be removed due to the citizenship restriction of the parental citizenship. Chinese recgonise this law.

    As long as you are either of those 2, you are legal to hold dual Citizenship.

    Do remember, Dual Citizenship is not Legal in HK, as long as you do not claim HKSAR passport when you have another passport, cos obtaining travel document illegally in HK is illegal. Many people do it does not necessary make it legal.

    Source(s): My brother in law is a lawyer, my wife is an immigration agent
  • Gary
    Lv 7
    1 decade ago

    Yes.

    It is legal because the Chinese Nationality Law states that the PRC will not "recognize" dual nationalities. But it does not state that it does not allow the possession of dual (or more) nationalities.

    If it is illegal, half of the people in Hong Kong and Macau are already in trouble.

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