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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Having lived in HK for 17 years and being interested in the convoluted developments that have taken place since before and after the handover I would say that JAJ has a very good grasp of the situation and I agree with his assessment totallyJAJ wrote:Do you have a copy of your mother's registration certificate? I remain of the view that it is legally null and void if she was already a CUKC by birth.
Are you absolutely sure she was born in Hong Kong? Does she have a Hong Kong birth certificate?
Where was she registered as a CUKC? In Hong Kong - or in the United Kingdom? Or at a British High Commission? Again - you need to look at her citizenship certificate.
As you yourself were a CUKC before 1983, you really need to work out whether you acquired a Right of Abode in the UK before 1983. Clearly you didn't do so from your father, so the question is whether you could have done so from your mother (possibly if she legitimately registered as CUKC while in the UK as opposed to HK).
If you did acquire a Right of Abode, then you automatically became a British citizen on 1.1.83 and can apply for a British passport directly.
If - and I am more inclined to think this is the case based on the facts - you did not acquire a Right of Abode, then you did not become a British citizen on 1.1.83. You would have become a British Dependent Territories citizen on 1.1.83. And on 30 June 1997 you lost your British Dependent Territories citizenship.
You couldn't have become a British National (Overseas) unless you were issued with a BNO passport between 1987 and 1997 (were you?).
And as you're ethnically Chinese then you're probably a Chinese (HK) citizen and hence not eligible for any of the residual routes available to British citizenship established for the non-Chinese ethnic minorities in Hong Kong.
Much thanks SKN - I will look more into this situation. I appreciate your input!SKN wrote:Here is something interesting to note greendaze5 I think you said your father was already settled in the UK and possibly had the right of abode
read Section 1 Subsection (5) of the immigration act 1971
since you were already born you maybe free to Enter, Live & work in the UK your father may have been a commonwealth citizen at that time
the debate is weather Hong Kong was part of the commonwealth here is something to note
http://en.wikipedia.org/wiki/Hong_Kong_ ... _Games[url][/url]
Interesting. Any British national from Hong Kong (including BNO) is a "Commonwealth citizen". As are Canadian citizens.SKN wrote:Here is something interesting to note greendaze5 I think you said your father was already settled in the UK and possibly had the right of abode
read Section 1 Subsection (5) of the immigration act 1971
since you were already born you maybe free to Enter, Live & work in the UK your father may have been a commonwealth citizen at that time
the debate is weather Hong Kong was part of the commonwealth here is something to note
http://en.wikipedia.org/wiki/Hong_Kong_ ... _Games[url][/url]