Exploring the Possibility of Holding Both a Hong Kong Permanent Identity Card and a Foreign Citizenship

The Hong Kong Special Administrative Region has never required its residents to renounce foreign citizenship as a condition of holding a Hong Kong Permanent Identity Card. This distinguishes Hong Kong from jurisdictions like mainland China, which does not recognise dual nationality for its citizens. The Immigration Department’s policy, as stated in its 2024 Guidebook for Permanent Identity Card Applicants, confirms that a person who meets the seven-year ordinary residence requirement under the Immigration Ordinance (Cap. 115) may apply for permanent resident status regardless of whether they hold a foreign passport. This position has gained renewed relevance in 2025, as the United Kingdom’s Home Office reported a 23% increase in Hong Kong BNO visa applications in the first quarter of the year compared to the same period in 2024, and as Canada’s Immigration, Refugees and Citizenship Canada (IRCC) extended its Hong Kong Stream A and B pathways through February 2026. For Hong Kong permanent residents who are also Chinese nationals, however, the interaction between Hong Kong’s domestic rules and the Nationality Law of the People’s Republic of China creates a more complex legal picture. This article sets out the statutory framework, the practical limits, and the common pitfalls that arise when a person holds both a Hong Kong Permanent Identity Card and a foreign citizenship.

The Statutory Basis for Holding Dual Status

The Right of Abode Under the Immigration Ordinance

The Immigration Ordinance (Cap. 115) defines who has the right of abode in Hong Kong. Section 2A sets out the categories of persons who are permanent residents. A person who has ordinarily resided in Hong Kong for a continuous period of not less than seven years, and who has taken that residence as their place of permanent abode, qualifies under paragraph (4) of the Schedule to the Ordinance. The Immigration Department’s published policy, updated in 2024, states that the holder of a foreign passport is not automatically disqualified from meeting this requirement.

The critical point is that the right of abode is a status under Hong Kong law, not a nationality. A person can be a Hong Kong permanent resident while also being a citizen of another country. The Immigration Department issues the Permanent Identity Card to any person who has established that right, regardless of their passport holdings.

The Nationality Law of the PRC and Its Application in Hong Kong

The Nationality Law of the People’s Republic of China (1980) provides in Article 3 that the People’s Republic of China does not recognise dual nationality for Chinese nationals. The Standing Committee of the National People’s Congress issued an interpretation of this law on 15 May 1996, specifically addressing its application in Hong Kong. That interpretation states that a Chinese national who has the right of abode in Hong Kong and who holds a foreign passport is still treated as a Chinese national by the HKSAR Government, unless they have made a formal declaration of change of nationality to the Immigration Department.

The practical effect is that a Chinese national who is a Hong Kong permanent resident cannot, under current policy, use a foreign passport to claim consular protection from that foreign government while in Hong Kong or mainland China. The Immigration Department’s practice, as confirmed in its 2024 Policy Statement on Nationality, is to treat the foreign passport as a travel document only, not as evidence of a change of nationality.

The Practical Implications for Hong Kong Permanent Residents

Travel and Border Control Procedures

A Hong Kong Permanent Identity Card holder who is a Chinese national must use a Hong Kong SAR passport or a Hong Kong Re-entry Permit to leave and enter Hong Kong. The Immigration Department’s 2024 Travel Document Guide states that a foreign passport may be used for travel to the country of issue, but the holder must present their HKSAR passport or Re-entry Permit when clearing Hong Kong immigration controls.

For example, a person who holds Canadian citizenship and a Canadian passport may use that passport to board a flight from Hong Kong to Vancouver. Upon arrival at the Hong Kong immigration counter on their return, they must present their HKSAR passport or Re-entry Permit. The Canadian passport will not be accepted as a valid travel document for entry into Hong Kong by a Chinese national.

Consular Protection and Diplomatic Status

The HKSAR Government does not extend consular protection to Chinese nationals who hold foreign passports. The Ministry of Foreign Affairs of the PRC issued a circular in 2023 reiterating that Chinese nationals abroad who have not formally renounced their Chinese nationality are entitled to consular assistance from Chinese embassies and consulates only. A person who holds a foreign passport and presents it to a foreign embassy for assistance while in a third country may face a conflict if the foreign government contacts the Chinese embassy.

The practical advice from the Immigration Department, as stated in its 2024 Nationality FAQs, is that a person who wishes to obtain full consular protection from a foreign government should formally declare a change of nationality to the Immigration Department. This declaration is irrevocable under the Nationality Law and results in the loss of Chinese nationality.

The Path to Renouncing Chinese Nationality

The Formal Declaration Process

A Chinese national who is a Hong Kong permanent resident may apply to the Immigration Department to declare a change of nationality. The application is made under section 11 of the Nationality Law and the Immigration Department’s Nationality (Application) Regulations (Cap. 115, sub. leg. Z). The applicant must provide their foreign passport or certificate of naturalisation, a completed Form ROP 143, and a written statement explaining why they wish to renounce Chinese nationality.

The Immigration Department’s 2024 processing times indicate that a straightforward application takes approximately four to six weeks. If the applicant has a criminal record or an outstanding warrant, the processing time may extend to three months or longer.

The Consequences of Renunciation

Once the Immigration Department approves a declaration of change of nationality, the person ceases to be a Chinese national. They lose the right to hold a Hong Kong SAR passport. They retain their right of abode as a Hong Kong permanent resident, because that right is based on residence, not nationality. The Permanent Identity Card remains valid.

The person also loses the right to vote in Hong Kong Legislative Council elections and District Council elections, because the Basic Law (Article 26) and the Legislative Council Ordinance (Cap. 542) require voters to be Chinese nationals. The person may still hold public office if the office does not require Chinese nationality, but this is rare.

Common Misunderstandings and Pitfalls

The Myth of Automatic Loss of Right of Abode

A common misunderstanding among Hong Kong permanent residents is that acquiring a foreign citizenship automatically cancels their right of abode. This is incorrect. The Immigration Ordinance (Cap. 115) does not contain any provision that strips a person of permanent resident status solely because they obtain a foreign passport. The right of abode is lost only if the person is absent from Hong Kong for a continuous period of 36 months or more, or if they are convicted of an offence and the court orders deportation.

The Risk of Dual Passport Use at Hong Kong Immigration

Another common error is using a foreign passport to enter Hong Kong while also holding a valid HKSAR passport. The Immigration Department’s automated clearance system, the e-Channel, is linked to the holder’s Hong Kong identity card and their registered travel documents. If a person uses a foreign passport at the e-Channel, the system may reject the entry if it detects that the person is a Chinese national registered with an HKSAR passport.

The Immigration Department’s 2024 Annual Report recorded 14,328 cases of incorrect travel document use at border control points, of which 2,147 involved dual passport holders. The penalty for using an incorrect travel document is a fine of up to HK$50,000 and imprisonment for up to two years under the Immigration Ordinance (Cap. 115, s. 42).

Actionable Takeaways

1. A Hong Kong Permanent Identity Card holder who is a Chinese national may hold a foreign passport as a travel document, but must use the HKSAR passport or Re-entry Permit to enter and leave Hong Kong.

2. The right of abode in Hong Kong is not automatically lost upon acquiring foreign citizenship; it is lost only through prolonged absence from Hong Kong or a court-ordered deportation.

3. A person who wishes to obtain full consular protection from a foreign government must formally declare a change of nationality to the Immigration Department, which is an irrevocable step.

4. Using a foreign passport at Hong Kong immigration while holding a valid HKSAR passport carries a risk of a fine or imprisonment under the Immigration Ordinance.

5. The Immigration Department’s published policies and the 1996 NPCSC interpretation of the Nationality Law are the primary sources for understanding the legal framework; individual cases should be reviewed with a solicitor who practises Hong Kong immigration law.

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Disclaimer: This article does not constitute legal advice. Consult a solicitor for your specific case. 本文不構成法律建議。涉及個人案件請諮詢持牌律師。