Right of abode issue, Hong Kong

The right of abode in Hong Kong is the right to legally reside in Hong Kong without any limit or condition of stay being imposed by the Hong Kong Immigration Department. As the People's Republic of China stood to resume sovereignty over Hong Kong from the United Kingdom, the nationality of Hong Kong people as well as their right of abode in the territory was formalised prior to the 1997 handover. Since Hong Kong has never been an independent country, there is no provision for its own citizenship status. Hong Kong Permanent Resident is the legal status for those who have the right of abode in Hong Kong. Some rights in Hong Kong (such as the right to vote) are granted to all permanent residents, while others (such as the right to hold a HKSAR passport) are restricted to permanent residents who are also Chinese citizens.

The right of abode is enshrined in the Sino-British Joint Declaration and Hong Kong Basic Law, and is synonymous with the permanent resident status.

A Hong Kong permanent resident has the right

The term "right of abode" was first introduced into British law under the Immigration Act 1971 as it specifically applied to the United Kingdom, while British dependent territories were governed under a similar concept of belonger status. The Hong Kong Immigration Ordinance was amended effective 1 July 1987 to rename "Hong Kong belonger" status to "Hong Kong permanent resident" status, with "Hong Kong permanent residents" defined as having the right of abode in Hong Kong.

During British administration prior to 1997, right of abode in Hong Kong was shaped by British nationality laws, and immigration policies since the 1950s. With the Handover imminent in 1997, the Sino-British Joint Declaration and the Basic Law defined who may reside in Hong Kong once China assumes sovereignty over Hong Kong.

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