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本帖最後由 random_dad 於 16-9-15 12:43 編輯
Let me attempt to clarify, as I have spent some time looking at the rules for myself, being a foreign born Chinese.
The issue at the heart of the issue, and is the basis of the determination of whether you are considered a Chinese National in the eyes of China, is if the child was born outside of Hong kong, then whether at time of birth, the parent of that child is a resident of Hong Kong (or China), or whether the parents have emigrated. So if a child was born at a time when the parents normally resided in a foreign country and holds that citizenship, then the child would not be considered Chinese. Conversely, if the child was born while the parents were "vacationing" in another country, then that child would be considered Chinese. These are the same rules that HKSAR Immigration uses to determine whether you will qualify for a HKSAR passport or not. There are also considerations for those born before 1997 handover, where those children would be entitled to dual citizenship and Chinese nationality as a result of their birth while HK was under British rule.
A quick summary:
Child born in HK + Parents are Chinese = Chinese child
Child born elsewhere + Parents have migrated elsewhere = not Chinese child
Child born elsewhere + Parents normally live in HK at the time of birth = Chinese child
Child born before 1997 whether in HK or overseas + Parents are Chinese and have PR status in HK = Chinese child
From the above:
If your child is Chinese -> you qualify for 回鄉卡 -> no need for visa -> go get 回鄉卡
If your child is not Chinese -> you don't qualify for 回鄉卡 -> no problems with getting visa
Here's what it boils down to... They will not issues visas to people that are their own nationals. This is logical, and true of any other nation. If you wish to obtain a visa, then what the visa office in Hong Kong will ask you to do is to confirm that you are not a Chinese national by going to HKSAR Immigration and declaring that you are giving up your rights as a PR in HK. In other words, you can't be both a Chinese national and a Chinese non-national at the same time. This policy hasn't changed in recent years.
Furthermore, from my understanding, if you have gained citizenship by birth from countries other than China, then those countries will also not extend you the consular courtesies that China might be able to offer (I know, not likely anyways). But the point I'm trying to make is that China is applying the rules the same way that any other country would apply in determination of whether you qualify for consular protection based on citizenship obtained by birth. In other words, if you were born in Canada and have obtained Australian citizenship by naturalization, Australia will not be able to offer you consular protection while in Canada. With this in mind, the part I am uncertain is whether if you relinquish your rights as a HK PR, whether you would then qualify for consular protection, because that relinquishes the right in HK, but China might still sees that person as a Chinese national.
Where the crux of the issue, of course, is that China does not recognize dual citizenship, while many other nations do, and a special exemption was made to HKSAR by China. This exemption adds a complicating factor.
I suspect the case from Canada that made news was of someone applying for a China visa that probably is a Chinese national because their birth was before the handover. From looking at the info from that incident, it doesn't appear to me that the policies have changed. I think they were issued their visas subsequently.
I have personally been denied a visa application made via the visa office in Hong Kong, but have been able to obtain a visa in my foreign passport from that foreign country. I have also been able to obtain a 回鄉卡 subsequent to that (and not too long ago), after proving to HKSAR Immigration that I was a Chinese national by providing my parent's travel documents from around the time I was born showing their exit and entry records as being consistent of someone residing at Hong Kong at the time, and obtaining a HKSAR passport.
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發表於 16-9-6 13:27
