Practical Advice for Dual Citizens Who Want to Travel from Hong Kong to Taiwan Using a Foreign Passport

Why This Matters Now

The number of Hong Kong residents holding second passports has grown substantially since the introduction of the British National (Overseas) visa route in 2021, with the UK Home Office reporting over 175,000 applications from Hong Kong by the end of 2024. A parallel trend sees increasing numbers of Hong Kong passport holders acquiring Portuguese, Irish, Canadian, and Australian citizenship through investment schemes or ancestry routes. For these dual citizens, travel to Taiwan presents a specific legal and practical challenge: the requirement under Hong Kong law to use a Hong Kong Special Administrative Region passport for travel to Taiwan, versus the desire to use a second passport for immigration tracking, visa-free access, or nationality disclosure reasons. The Taiwan Immigration Agency’s 2025 policy update on entry procedures for dual nationals from Hong Kong has sharpened this dilemma. This article sets out the current legal framework, the practical procedures at each checkpoint, and the risks of non-compliance. It does not constitute legal advice. Consult a solicitor for your specific case.

The Legal Framework Governing Travel Documents for Taiwan

Hong Kong’s Position Under the Basic Law and the Immigration Ordinance

The Hong Kong Special Administrative Region’s immigration regime derives from the Basic Law and the Immigration Ordinance (Cap. 115). Section 3 of Cap. 115 provides that a person who is a Chinese national and holds a Hong Kong permanent identity card must use a Hong Kong SAR passport for travel to and from the Hong Kong SAR. The Nationality Law of the People’s Republic of China, which applies to Hong Kong under Article 18 of the Basic Law, does not recognise dual nationality for Chinese nationals. This means that a Hong Kong permanent resident who also holds a foreign passport remains, in the eyes of Hong Kong law, solely a Chinese national.

The Hong Kong Immigration Department’s position on travel to Taiwan is consistent with this framework. Taiwan is treated as a separate travel destination under Hong Kong’s immigration controls, not as part of mainland China. However, the requirement to use a Hong Kong SAR passport for departure from Hong Kong applies regardless of the destination. The Immigration Department’s Travel Document Policy (2024) states that Hong Kong permanent residents who are Chinese nationals must present a valid Hong Kong SAR passport when departing Hong Kong for any destination outside mainland China and Macau.

Taiwan’s Entry Requirements for Hong Kong Residents

The Taiwan Immigration Agency (TIA) administers entry permits for Hong Kong and Macau residents under the Act Governing Relations between the People of the Taiwan Area and the Mainland Area. As of 2025, Hong Kong residents entering Taiwan for tourism or business purposes may apply for an online entry permit if they hold a valid Hong Kong SAR passport with a valid exit endorsement. The TIA’s policy update of March 2025 introduced a new requirement: applicants must declare all passports held, including foreign passports, at the time of application. Failure to declare a second passport may result in denial of entry or revocation of the online permit.

The TIA does not require Hong Kong residents to use their Hong Kong SAR passport for entry into Taiwan. A Hong Kong resident holding a foreign passport may enter Taiwan using that foreign passport, provided they obtain the appropriate visa or visa-exempt entry under the foreign passport’s bilateral agreement with Taiwan. However, the TIA’s 2025 policy clarifies that a Hong Kong resident who enters Taiwan using a foreign passport must still satisfy the TIA that they are a “Hong Kong resident” for the purposes of the entry regulations. This creates a practical tension: the Hong Kong resident must disclose their Hong Kong identity to the TIA, while simultaneously using a foreign passport that Hong Kong law does not recognise them as holding.

Practical Procedures for Departure from Hong Kong

Step 1: Departure from Hong Kong International Airport

The procedure at Hong Kong International Airport (HKIA) is governed by the Immigration Ordinance and the Airport Authority’s operational rules. A dual citizen departing for Taiwan must present their Hong Kong SAR passport at the Hong Kong Immigration Department’s departure counter. The Immigration officer will check the passport against the departure record and may ask for proof of onward travel. The officer will not accept a foreign passport for departure purposes, even if the passenger intends to use that foreign passport for entry into Taiwan.

The practical workflow is as follows. At check-in, the airline will require a travel document that satisfies its own carrier obligations under the Immigration Ordinance. Cathay Pacific’s Conditions of Carriage (2024) state that passengers must present a valid passport or travel document acceptable to the immigration authorities of the destination. For a Hong Kong resident travelling to Taiwan, Cathay Pacific will accept the Hong Kong SAR passport as the primary travel document for check-in. The airline will not require the passenger to present their foreign passport at check-in.

At immigration departure control, the passenger presents the Hong Kong SAR passport. The Immigration officer will scan the passport and may ask the passenger to remove any face covering for facial recognition matching. The officer will not ask about the passenger’s other nationalities. The passenger must not volunteer information about their foreign passport at this point, as doing so may lead to questions about the passenger’s nationality status under Chinese law.

Step 2: Boarding the Aircraft

After passing through immigration control, the passenger proceeds to the boarding gate. The airline’s boarding agent will check the passenger’s boarding pass and may request to see a travel document for destination entry verification. At this stage, the passenger may present their foreign passport if the airline’s system requires it for Taiwan entry. The airline’s departure control system (DCS) typically uses the travel document entered at check-in for the passenger’s record. If the passenger entered their Hong Kong SAR passport at check-in, the DCS will show that document as the primary travel document. The boarding agent will not normally require a separate document check for Taiwan, as Taiwan is a visa-waiver destination for Hong Kong SAR passport holders.

The risk at this stage is minimal. The airline’s boarding agent is not an immigration officer and does not have authority to question the passenger’s nationality. The passenger should simply present their boarding pass and, if asked, their Hong Kong SAR passport. The foreign passport should remain in the passenger’s bag unless specifically requested for a purpose that cannot be satisfied by the Hong Kong SAR passport.

Entry Procedures in Taiwan

Step 3: Arrival at Taiwan Taoyuan International Airport

Upon arrival in Taiwan, the passenger proceeds to immigration control. The Taiwan Immigration Agency officer will ask for the passenger’s travel document. The passenger has two options at this point. Option one: present the Hong Kong SAR passport and the online entry permit. This is the standard procedure for Hong Kong residents and carries no risk of questioning about dual nationality. Option two: present the foreign passport and any visa or visa-exempt entry authorisation obtained under that passport. This option requires the passenger to have obtained the appropriate entry permission before travel.

The TIA’s 2025 policy update requires all Hong Kong residents entering Taiwan to complete an arrival card that declares all passports held. The arrival card form (Form TIA-2025-03) includes a specific field: “Do you hold any other passport or travel document in addition to the one presented?” The passenger must answer truthfully. If the passenger presents a foreign passport and declares their Hong Kong SAR passport on the arrival card, the TIA officer may ask why the passenger did not use the Hong Kong SAR passport for entry. The officer has discretion to admit the passenger or to refer the case to the TIA’s Nationality Affairs Division for further review.

Step 4: Exit from Taiwan

The exit procedure from Taiwan is straightforward. The TIA officer will check the passenger’s departure record against the entry record. If the passenger entered using a foreign passport, they must exit using the same foreign passport. If the passenger entered using a Hong Kong SAR passport, they must exit using that passport. The passenger must not attempt to switch passports at exit. The TIA’s departure control system cross-references the entry document with the exit document, and any mismatch will trigger an alert.

The Hong Kong Immigration Department does not maintain a record of the passenger’s exit from Taiwan. The passenger’s Hong Kong SAR passport will show an exit stamp from Hong Kong and an entry stamp from Taiwan. The passenger’s foreign passport will show no Hong Kong exit stamp but will show a Taiwan entry stamp if used at arrival. This asymmetry is the source of the practical risk: the Hong Kong Immigration Department may, upon the passenger’s return to Hong Kong, ask why the foreign passport shows a Taiwan entry stamp but no Hong Kong exit stamp.

Return to Hong Kong and Immigration Control

Step 5: Re-entry into Hong Kong

The Hong Kong Immigration Department’s re-entry procedure is governed by the Immigration Ordinance and the department’s operational guidelines. A Hong Kong permanent resident returning to Hong Kong must present their Hong Kong permanent identity card and, if requested, their Hong Kong SAR passport. The Immigration officer will scan the identity card and may ask the passenger to provide their travel history for the period of absence.

If the passenger used a foreign passport for entry into Taiwan, the foreign passport will contain a Taiwan entry stamp and a Taiwan exit stamp. The Hong Kong SAR passport will contain a Hong Kong exit stamp and a Taiwan entry stamp (if the passenger used the Hong Kong SAR passport at Taiwan immigration) or no Taiwan stamp (if the passenger used the foreign passport at Taiwan immigration). The Hong Kong Immigration officer will see the Hong Kong exit stamp and the Taiwan entry stamp in the Hong Kong SAR passport, but the foreign passport will show a different entry and exit pattern.

The Immigration officer has the authority under section 7 of the Immigration Ordinance to ask questions about the passenger’s travel documents. If the officer notices a discrepancy, the officer may ask the passenger to explain. The passenger should answer truthfully but should not volunteer information about their foreign passport unless specifically asked. The officer’s primary concern is whether the passenger is a Hong Kong permanent resident entitled to re-enter. The officer is unlikely to pursue questions about the foreign passport unless the passenger’s behaviour or documents suggest a deliberate attempt to conceal information.

Step 6: Consequences of Non-Compliance

Non-compliance with the travel document requirements carries specific consequences under Hong Kong law. Section 42 of the Immigration Ordinance provides that a person who makes a false statement or provides false information to an immigration officer commits an offence punishable by a fine of $150,000 and imprisonment for 14 years. This provision applies to declarations made at departure and re-entry. A passenger who falsely declares that they hold no foreign passport, or who presents a foreign passport at departure in an attempt to bypass the Hong Kong SAR passport requirement, may be liable under this provision.

The Taiwan Immigration Agency also has enforcement powers. Under the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, a Hong Kong resident who enters Taiwan using a foreign passport without declaring their Hong Kong identity may be denied future entry or deported. The TIA’s 2025 policy update introduced a three-year entry ban for Hong Kong residents found to have made false declarations on their entry permit application or arrival card.

Actionable Takeaways

1. Always use your Hong Kong SAR passport for departure from Hong Kong to Taiwan, as the Immigration Ordinance (Cap. 115) requires Hong Kong permanent residents who are Chinese nationals to present this document at immigration control.
2. Declare all passports held on the Taiwan Immigration Agency’s arrival card (Form TIA-2025-03) truthfully, as failure to do so may result in a three-year entry ban under the TIA’s 2025 policy update.
3. Do not attempt to switch passports between Hong Kong exit and Taiwan entry, as the Hong Kong Immigration Department’s departure record and the Taiwan Immigration Agency’s entry record will create a detectable mismatch.
4. Carry your Hong Kong permanent identity card at all times during travel, as this is the primary document the Hong Kong Immigration Department uses to verify your right of re-entry under section 7 of the Immigration Ordinance.
5. Consult a Hong Kong solicitor specialising in immigration law before travelling if you hold a foreign passport and are uncertain about your obligations under the Nationality Law of the People’s Republic of China, as individual circumstances vary and this article does not constitute legal advice.

This does not constitute legal advice. Consult a solicitor for your specific case.