View source for Right of abode in Hong Kong

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{{Use Hong Kong English|date=February 2015}}
{{Use dmy dates|date=February 2015}}
{{Short description|Right to live in Hong Kong}}{{Demographics and Culture of Hong Kong}}
{{Chinese
|order=ts
|t=香港居留權
|s=香港居留权
|j=hoeng1 gong2 geoi1 lau4 kyun4
|p=Xiānggǎng Jūliúquán
}}
'''Right of abode in Hong Kong''' entitles a person to live and work in the territory without any restrictions or conditions of stay. Someone who has that right is a [[Hong Kong]] [[Hong Kong residents|permanent resident]]. Foreign nationals may acquire the right of abode after meeting a seven-year residency requirement and are given most rights usually associated with citizenship, including the right to vote in [[Elections in Hong Kong|regional elections]]. However, they are not entitled to hold [[Hong Kong Special Administrative Region passport|territorial passports]] or stand for office in some [[Legislative Council of Hong Kong|Legislative Council]] constituencies, unless they also naturalise as [[Chinese nationality law|Chinese citizens]].

As a [[Special administrative regions of China|special administrative region of China]], Hong Kong does not have its own nationality law and natural-born residents are generally Chinese citizens. Prior to 1997, the territory was a [[British Hong Kong|colony of the United Kingdom]] and right of abode was tied to [[British nationality law]]. Although Hong Kong, [[mainland China]], and [[Macau]] constitute a single country, local residents with Chinese citizenship do not have automatic residence rights in either of the other two jurisdictions, which both control immigration separately. Similarly, mainland Chinese and Macanese residents do not automatically have residence or employment rights in Hong Kong.

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== History ==
=== Colonial era policy ===
{{See also|British nationality law and Hong Kong|History of Hong Kong}}

Hong Kong was a [[British Hong Kong|British colony]] from 1842 until its [[Handover of Hong Kong|transfer to China]] in 1997.<ref>{{harvnb|Carroll|2007|p=1}}.</ref> Accordingly, regulations on local residence rights were closely tied to [[British nationality law]] during colonial rule.<ref>{{harvnb|Chen|1988|pp=670}}.</ref> All [[British subject]]s previously had unrestricted access to live and work in any British territory.<ref>{{harvnb|Hansen|1999|p=71}}.</ref> [[Parliament of the United Kingdom|Parliament]] gradually restricted this from 1962 to 1971, when subjects originating from outside of the [[British Islands]] first had immigration controls imposed on them when entering the United Kingdom.<ref>{{harvnb|Evans|1972|pp=508–509}}.</ref> Hong Kong followed suit and imposed greater restrictions on subjects from outside the territory. British subjects born in the colony were given [[belonger status]], to indicate their possession of right of abode in Hong Kong.<ref>{{harvnb|Chen|1988|pp=647–648}}.</ref> [[British Nationality Act 1981|Nationality law reform in 1981]] reclassified the vast majority of Hong Kong belongers as [[British Overseas Territories citizen|British Dependent Territories citizens]] (BDTCs).<ref>{{harvnb|Chen|1988|pp=670–671}}.</ref><ref>{{harvnb|1996 Population By-Census}}, p. 31.</ref>

The border between Hong Kong and [[mainland China]] was not regulated for over 100 years after establishment of the colony.<ref>{{harvnb|Law|Lee|2006|p=219}}.</ref> Border controls did not exist until 1950, after communist victory in the [[Chinese Civil War]].<ref>{{harvnb|Chen|1988|p=640}}.</ref> Although the border was guarded, the Hong Kong government was relatively lax in deporting illegal immigrants due to a shortage of unskilled labour within the territory, allowing large numbers of them to register as residents.<ref name="LawLeeP220">{{harvnb|Law|Lee|2006|p=220}}.</ref> Still, colonial authorities held almost unlimited discretionary deportation powers over Chinese migrants until 1971, when those resident in the territory for more than seven years were given the ''right to land''. This exempted them from immigration control, though they could still be deported for serious crimes.<ref>{{harvnb|Chen|1988|p=644}}.</ref> Immigration became more restricted in 1974 at the start of the [[Touch Base Policy]]. Under this system, illegal immigrants captured by law enforcement were immediately deported but those who had managed to reach urban areas of Hong Kong and found housing accommodation were given legal status. This policy ended in 1980, after which all free migration was stopped.<ref name="LawLeeP220" />

Chinese migrants moving to Hong Kong forfeited their ''[[hukou]]'' in mainland China and became ineligible for [[Chinese passport]]s. These individuals were treated as if they were [[statelessness|stateless]]. The colonial government issued [[Hong Kong Document of Identity for Visa Purposes|Documents of Identity]] as travel documents to those who could not obtain passports. After seven years of residence, they were issued [[Hong Kong Certificate of Identity|Certificates of Identity]] (CIs).<ref>{{harvnb|Lau|2009|p=5}}.</ref>

=== Transitionary arrangements ===
{{See also|Sino-British Joint Declaration|Handover of Hong Kong}}

The British and Chinese governments entered negotiations over the future of Hong Kong in the early 1980s and agreed on the [[Sino-British Joint Declaration]] in 1984.<ref>{{harvnb|Carroll|2007|pp=178, 181}}.</ref> The basic principles for the right of abode are set as part of this treaty<ref>{{harvnb|Sino-British Joint Declaration Annex 1}}, section XIV.</ref> and further defined in the [[Hong Kong Basic Law]],<ref name="BasicLawC3A24">{{harvnb|Basic Law Chapter III}} Article 24.</ref> which encompass the right to land with the added entitlement that a bearer cannot be deported. Belonger status was renamed ''permanent resident status'' in 1987, when landed Chinese residents were given the right of abode along with Hong Kong BDTCs.<ref>{{harvnb|Chen|1988|pp=673–674}}.</ref> All BDTCs who did not have a connection with a remaining [[British Overseas Territories|British Dependent Territory]] other than Hong Kong lost BDTC status on 1 July 1997.<ref>{{harvnb|The Hong Kong (British Nationality) Order 1986}}, section 3.</ref> Former ethnic Chinese BDTCs became [[Chinese nationality law|Chinese national]]s and could only retain British nationality if they had registered as [[British National (Overseas)|British Nationals (Overseas)]] prior to the transfer of sovereignty. Individuals who were not ethnically Chinese, had not registered as BN(O)s, and would have been stateless at that date automatically became [[British Overseas citizen]]s.<ref>{{cite web |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/118595/british-national-dep-citizens.pdf |title=British National (Overseas) and British Dependent Territories Citizens |publisher=[[Government of the United Kingdom]] |access-date=8 January 2019 |archive-url=https://web.archive.org/web/20181211001422/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/118595/british-national-dep-citizens.pdf |archive-date=11 December 2018 |url-status=live |df=dmy-all }}</ref> Holders of CIs were able to replace them with [[Hong Kong Special Administrative Region passport]]s after the handover.<ref>{{cite web |url=https://www.refworld.org/pdfid/4f45faf52.pdf |title=Country Advice – Hong Kong |publisher=[[Refugee Review Tribunal]] |location=Australia |pages=1–2 |access-date=4 June 2020 }}</ref>

== Acquisition and loss ==
{{See also|Immigration Ordinance|Chinese nationality law}}How an individual could acquire (or lose) his or her right of abode in Hong Kong depends on his or her nationality.[[File:Hong Kong Right of Adobe.png|thumb|Flowchart to determine Right of Abode]]

=== Acquisition ===
Acquisition by birth operates on a modified ''[[jus soli]]'' basis; Chinese nationals born in Hong Kong are automatically permanent residents, while foreign nationals must have at least one parent who possesses right of abode.<ref>{{harvnb|Immigration Ordinance Schedule 1}}, para. 2.</ref> Children born outside of Hong Kong acquire right of abode if they are also Chinese nationals at birth. Chinese nationality is usually conferred by descent to children born abroad, unless the parents have obtained permanent residency in another country or foreign citizenship.<ref>{{cite web |title=Frequently Asked Questions - Right of Abode |url=https://www.immd.gov.hk/eng/faq/faqroa.html |publisher=[[Immigration Department (Hong Kong)|Immigration Department]] |access-date=6 March 2019 |archive-url=https://web.archive.org/web/20181025035121/https://www.immd.gov.hk/eng/faq/faqroa.html |archive-date=25 October 2018 |url-status=live }}</ref> However, while Chinese nationals born in mainland China to Hong Kong permanent resident parents do have right of abode, they must first be approved for [[People's Republic of China Permit for Proceeding to Hong Kong and Macao|One-way Permit]]s by mainland authorities before claiming permanent residency.<ref>{{harvnb|Standing Committee Interpretation Regarding Article 22(4) and Article 24(2)(3) of the Hong Kong Basic Law}}.</ref> Residents of [[Macau]] also do not have automatic right of entry into Hong Kong.<ref>{{cite web |title=Entry Arrangements for Mainland, Macao, Taiwan & Overseas Chinese Residents |url=https://www.immd.gov.hk/eng/services/visas/overseas-chinese-entry-arrangement.html |publisher=[[Immigration Department (Hong Kong)|Immigration Department]] |access-date=18 January 2020 |archive-url=https://web.archive.org/web/20191027205703/https://www.immd.gov.hk/eng/services/visas/overseas-chinese-entry-arrangement.html |archive-date=27 October 2019 |url-status=live }}</ref>

Non-residents seeking to apply to become permanent residents must have ordinarily resided in Hong Kong for a continuous period of at least seven years.<ref name="ImmOrdS1P1">{{harvnb|Immigration Ordinance Schedule 1}}, para. 1.</ref> ''Ordinarily resident'' in this context excludes certain classes of people, including central government officials, [[Foreign domestic helpers in Hong Kong|foreign domestic helpers]], and incarcerated individuals.<ref>{{harvnb|Immigration Ordinance Section 2(4)}}.</ref> Chinese nationals may qualify using any seven-year residence period, while foreigners are only eligible on the basis of the seven years immediately preceding their applications.<ref name="ImmOrdS1P1" /> Individuals from mainland China seeking to settle in Hong Kong are additionally subject to emigration control by the [[State Council of the People's Republic of China|central government]].<ref>{{harvnb|Basic Law Chapter II}} Article 22.</ref>

=== Loss ===
Permanent residents who are not Chinese nationals will automatically lose their right of abode if they have been absent from Hong Kong for more than 36 months after they ceased to have ordinarily resided in Hong Kong. These individuals are then given the right to land, which also allows them unrestricted access to live and work in the territory.<ref name="ROALoss">{{cite web |title=Loss of Hong Kong Permanent Resident Status |date=November 2018 |url=https://www.immd.gov.hk/pdforms/rop152.pdf |publisher=[[Immigration Department (Hong Kong)|Immigration Department]] |access-date=28 November 2019 |archive-url=https://web.archive.org/web/20191026055456/https://www.immd.gov.hk/pdforms/rop152.pdf |archive-date=26 October 2019 |url-status=live }}</ref> Foreign permanent residents can [[naturalization|naturalise]] as Chinese nationals and become exempt from automatic loss, but are required to renounce their previous nationality on successful application.<ref>{{cite web |title=Naturalisation as a Chinese National |date=March 2015 |publisher=[[Immigration Department (Hong Kong)|Immigration Department]] |url=https://www.immd.gov.hk/pdforms/id874ae.pdf |access-date=6 March 2019 |archive-url=https://web.archive.org/web/20181025060706/https://www.immd.gov.hk/pdforms/id874ae.pdf |archive-date=25 October 2018 |url-status=live }}</ref> Children with foreign nationality who were born in Hong Kong and have permanent residency by descent also automatically lose right of abode at age 21 and are given the right to land. They may subsequently reapply for right of abode on the basis of a seven-year residence period.<ref name="ROALoss" /> Chinese nationals with right of abode may only be deprived of the status if they lose their Chinese nationality.<ref>{{cite web |title=Can Hong Kong permanent resident status be lost? |publisher=[[University of Hong Kong]] |url=https://www.clic.org.hk/en/topics/immigration/hk_permanent_residence/q3.shtml |access-date=3 June 2020 |archive-url=https://web.archive.org/web/20170125063304/http://www.clic.org.hk/en/topics/immigration/hk_permanent_residence/q3.shtml |archive-date=25 January 2017 |url-status=live }}</ref>

Prior to 1997, acquisition of the right of abode was dependent on [[British nationality law|British nationality]]. Individuals born overseas to Hong Kong-connected BDTCs also became BDTCs and Hong Kong permanent residents by descent.<ref>{{harvnb|White|1988|pp=235–236}}.</ref> After the transfer of sovereignty, if these individuals did not also acquire Chinese nationality or return to Hong Kong within three years, they would be nonpermanent residents with the right to land.<ref name="ROALoss" />

Individuals who lost permanent resident status before 1997 can immediately resume the right of abode under limited circumstances. Those who returned to settle in Hong Kong within 18 months after the transfer of sovereignty were automatically regranted the status, while former residents who return after that period can only immediately regain the right of abode if they have not been absent from the territory for any period longer than three years.<ref>{{harvnb|Immigration Ordinance Schedule 1}}, para. 6.</ref>

== Rights and restrictions ==
{{See also|Hong Kong identity card|Hong Kong Special Administrative Region passport}}

Permanent residents have the unrestricted right to live and work in Hong Kong and cannot be deported from the territory, regardless of their nationality.<ref>{{harvnb|Immigration Ordinance Section 2A}}.</ref> They are required to register for [[Hong Kong identity card|Hong Kong permanent identity card]]s<ref>{{harvnb|Registration of Persons Ordinance Section 3}}.</ref> (as opposed to standard identity cards which are issued to any person admitted to the territory for more than 180 days),<ref>{{cite web |title=What types of identity card are there? |publisher=[[University of Hong Kong]] |url=https://www.clic.org.hk/en/topics/immigration/passports_and_identity_cards/q4.shtml |access-date=28 May 2020 |archive-url=https://web.archive.org/web/20200528073736/https://www.clic.org.hk/en/topics/immigration/passports_and_identity_cards/q4.shtml |archive-date=28 May 2020 |url-status=live }}</ref> eligible for welfare benefits,<ref>{{harvnb|Chia|2012|p=10}}.</ref> and able to vote in regional elections.<ref>{{harvnb|Guidelines on the Legislative Council Election|2016|pp=9–11}}.</ref> Chinese nationals with territorial right of abode are eligible to hold [[Hong Kong Special Administrative Region passport]]s, which are different from [[Chinese passport|those issued to mainland residents]].<ref>{{cite web |title=Guidance Notes on Local Application for HKSAR Passport for applicants aged 16 or above |date=February 2018 |publisher=[[Immigration Department (Hong Kong)|Immigration Department]] |url=https://www.immd.gov.hk/pdforms/ID(E)841An.pdf |access-date=2 December 2019 |archive-url=https://web.archive.org/web/20191026055421/https://www.immd.gov.hk/pdforms/ID(E)841An.pdf |archive-date=26 October 2019 |url-status=live }}</ref> Those who additionally do not possess right of abode in foreign countries may stand for office in [[Geographical constituency|geographical constituencies]] of the [[Legislative Council of Hong Kong|Legislative Council]]<ref>{{harvnb|Guidelines on the Legislative Council Election|2016|p=42}}.</ref> and can serve as [[Principal officials of Hong Kong|principal official]]s of the government.<ref>{{harvnb|Basic Law Chapter IV}} Articles 44, 55, 61, 71, 90, 101.</ref> A limited number of residents with foreign nationality or right of abode in other countries may be elected to [[Functional constituency (Hong Kong)|functional constituency]] seats in the legislature.<ref>{{harvnb|Guidelines on the Legislative Council Election|2016|pp=43–44}}.</ref><ref>{{harvnb|Basic Law Chapter IV}} Article 67.</ref>

According to Article 99 of the [[Hong Kong Basic Law]], public servants serving in all government departments of the HKSAR must be permanent residents of the HKSAR except where otherwise provided for in Article 101, however, there is no stipulated requirement about the nationality or passport of a civil servant.<ref>{{Cite web |title=Civil Service Bureau - FAQ |url=https://www.csb.gov.hk/english/admin/oathserving/2770.html |access-date=2023-12-15 |website=www.csb.gov.hk |language=en}}</ref>

Hong Kong permanent residents do not have automatic residence or employment rights in mainland China. The central government issues [[Mainland Travel Permit for Hong Kong and Macao Residents|Home Return Permit]]s to residents who are Chinese citizens for travel purposes<ref>{{harvnb|Leung|2013}}.</ref> and [[Residence Permit for Hong Kong, Macao, and Taiwan Residents|Residence Permit]]s if they intend to reside or work in the mainland for longer than six months.<ref>{{harvnb|Su|2018}}.</ref> Hong Kong permanent residents are also subject to immigration controls in [[Macau]], and must obtain residence permits if living there for more than one year.<ref>{{harvnb|Administrative Regulation No. 5/2003, Entry, stay and residence permit regulation}}, Article 10(2).</ref>

== Legal challenges to eligibility requirements ==
The eligibility criteria for right of abode has been a contentious issue and repeatedly challenged in court since the transfer of sovereignty. Because constitutional issues require central government review,<ref>{{harvnb|Basic Law Chapter VIII}}.</ref> litigation on right of abode issues has highlighted conflicting differences between the legal systems of the territory and mainland<ref>{{harvnb|Chan|2016}}.</ref> and xenophobic sentiment among local residents.<ref name="ButlerSuntikulP59">{{harvnb|Butler|Suntikul|2017|p=59}}.</ref>

=== Children born in mainland China ===
In 1999, the [[Court of Final Appeal (Hong Kong)|Court of Final Appeal]] (CFA) issued two judgements that granted right of abode in Hong Kong to children born in mainland China with at least one parent who had the right of abode,<ref>{{harvnb|''Ng Ka Ling and Another v the Director of Immigration''}}, at para. 108–112.</ref> including those whose parents had become a permanent resident after the time of birth.<ref>{{harvnb|''Chan Kam Nga v the Director of Immigration''}}, at para. 32.</ref><ref name="SixMonthReport1999P4">{{harvnb|Six-monthly Report on Hong Kong January–June|1999|p=4}}.</ref> The regional government expected that 1.67 million new immigrants from the mainland would seek to acquire the right of abode on these terms over the next decade,<ref>{{cite press release |title=Interpretation: A "legal and constitutional" option |url=https://www.info.gov.hk/gia/general/199905/18/0518159.htm |publisher=Hong Kong Government |date=18 May 1999 |access-date=8 March 2019 |archive-url=https://web.archive.org/web/20160303204617/http://www.info.gov.hk/gia/general/199905/18/0518159.htm |archive-date=3 March 2016 |url-status=live }}</ref> and projected that Hong Kong would not be able to absorb such a sudden population increase.<ref name="SixMonthReport1999P5">{{harvnb|Six-monthly Report on Hong Kong January–June|1999|p=5}}.</ref> Although the CFA is the highest territorial court, the Court clarified that its authority to interpret the Basic Law derives from the [[Standing Committee of the National People's Congress]] (NPCSC).<ref name="SixMonthReport1999P4" /> The government subsequently asked the Standing Committee to provide a new interpretation of Basic Law Article 24, which defines right of abode eligibility, and Article 22, which stipulates that people from other parts of China are required to seek central government approval before entering Hong Kong.<ref name="SixMonthReport1999P5" /> The NPCSC duly issued an interpretation that reinforced requirements for mainland exit procedures and restricted eligibility for right of abode to the criteria as it was before the CFA rulings.<ref name="SixMonthReport1999P6">{{harvnb|Six-monthly Report on Hong Kong January–June|1999|p=6}}.</ref> The CFA confirmed its effect in local law in ''[[Lau Kong Yung v Director of Immigration]]''.<ref>{{harvnb|''Lau Kong Yung v Director of Immigration''}}, at para. 74.</ref>

While the interpretation resolved the immediate immigration crisis, the constitutionality and legality of bypassing the Court of Final Appeal was widely debated. Many legislators, especially the [[Pro-democracy camp (Hong Kong)|pro-democracy camp]],<ref name="SixMonthReport1999P5" /> and the [[Hong Kong Bar Association]] believed that amending the Basic Law would have been the appropriate course of remedy.<ref>{{cite letter |last=Tong |first=Ronny K.W. |author-link=Ronny Tong |recipient=[[Tung Chee-hwa]] |subject=Open Letter to the Chief Executive on the Right of Abode Case |date=5 May 1999 |url=http://www.martinlee.org.hk/TheBar5.5.99.html |access-date=8 March 2019 |title=Open Letter to the Chief Executive on the Right of Abode Case |archive-url=https://web.archive.org/web/20110221133857/http://www.martinlee.org.hk/TheBar5.5.99.html |archive-date=21 February 2011 |url-status=live }}</ref> They argued that arbitrary NPCSC interpretations without formal requests for them from the CFA would weaken the principle of "[[one country, two systems]]", damage the rule of law, and erode the authority of the CFA as the territory's final appellate court.<ref name="SixMonthReport1999P6" /> Although constitutional [[judicial review]] is routine in [[common law]] systems, Beijing viewed the process as a limit to its authority as the sovereign power and preferred more flexible interpretation of the law.<ref>{{harvnb|Kam|2002|p=634}}.</ref> Additionally, the regional government believed that revising the Basic Law would delay resolving the issue for too long since amendments require review by the entire [[National People's Congress]], which only meets once each spring.<ref name="SixMonthReport1999P5" />

=== Children of mainland visitors ===
The Court of Final Appeal issued a further ruling in 2001 that all Chinese nationals born in Hong Kong would have right of abode in the region, even if neither parent was a permanent resident.<ref>{{harvnb|''Director of Immigration v Chong Fung Yuen''}}, at para. 8.3.</ref> This change directly led to a growing trend of [[Birth tourism in Hong Kong|birth tourism]]; increasing numbers of expectant mothers from the mainland entered Hong Kong to give birth with the express purpose of exploiting the healthcare system and giving their children permanent residency in the territory.<ref name="ButlerSuntikulP59" /> Overcrowding in hospital maternity wards became a major factor in contributing to growing consternation among residents and the emergence of a hostile environment against mainland tourists.<ref>{{harvnb|LaFraniere|2012}}.</ref>

=== Foreign domestic helpers ===
[[Foreign domestic helpers in Hong Kong|Foreign domestic helpers]] (FDHs), live-in female household workers mostly from the [[Philippines]] or Indonesia, constitute the largest non-Chinese minority group in Hong Kong.<ref>{{harvnb|Chia|2012|p=5}}.</ref> They are not considered ordinarily resident in the territory and cannot claim permanent residency.<ref>{{harvnb|Chia|2012|pp=5–6}}.</ref> Racial tension between these workers and local residents,<ref name="ChiaP9">{{harvnb|Chia|2012|p=9}}.</ref> pervasive perceptions of FDHs as being lower class,<ref>{{harvnb|Chia|2012|p=7}}.</ref> and a general public unwillingness to integrate them<ref name="ChiaP9" /> led some FDHs to more actively protest their disadvantaged legal status.<ref>{{harvnb|Chia|2012|pp=10–11}}.</ref> However, in 2013, the Court of Final Appeal upheld existing government exclusion of FDHs from right of abode eligibility in ''[[Vallejos v Commissioner of Registration]]''.<ref>{{harvnb|''Vallejos v Commissioner of Registration''}}, at para. 89.</ref><ref name="Bradsher2013">{{harvnb|Bradsher|2013}}.</ref> A majority of Hongkongers did not support the extension of residency rights to this minority group, fearing an increase in government spending to accommodate them.<ref name="Bradsher2013" /> The current regulatory environment for FDHs, including the lack of access to right of abode,<ref>{{harvnb|Ewing|2018}}.</ref> continues to be criticised for making this class of minorities particularly vulnerable to domestic exploitation and abuse.<ref>{{harvnb|Heifetz|2017}}.</ref><ref>{{harvnb|Branigan|2014}}.</ref>

== See also ==
{{Portal|Hong Kong}}
* ''[[Hukou]]''
* [[Right of abode in Macau]]
* [[Right of abode in the United Kingdom]]

== References ==
=== Citations ===
{{Reflist}}

=== Sources ===
==== Publications ====
{{refbegin|2}}
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* {{cite report |title=Guidelines on the Legislative Council Election |publisher=[[Electoral Affairs Commission]] |date=2016 |url=https://www.eac.gov.hk/pdf/legco/2016lc_guide/en/lc_full_guide.pdf |access-date=28 May 2020 |archive-url=https://web.archive.org/web/20181122213234/https://www.eac.gov.hk/pdf/legco/2016lc_guide/en/lc_full_guide.pdf |archive-date=22 November 2018 |url-status=live |ref={{harvid|Guidelines on the Legislative Council Election|2016}} }}
* {{cite journal |last=Hansen |first=Randall |author-link=Randall Hansen |title=The Politics of Citizenship in 1940s Britain: The British Nationality Act |journal=Twentieth Century British History |year=1999 |volume=10 |issue=1 |pages=67–95 |doi=10.1093/tcbh/10.1.67 }}
* {{cite journal |last=Kam |first=Karmen |date=2002 |title=Right of Abode Cases: The Judicial Independence of the Hong Kong Special Administrative Region v. The Sovereignty Interests of China |journal=Brooklyn Journal of International Law |volume=27 |issue=2 |pages=611–637 |url=https://brooklynworks.brooklaw.edu/cgi/viewcontent.cgi?article=1408&context=bjil |oclc=773242624 }}
* {{cite journal |last1=Law |first1=Kam-yee |last2=Lee |first2=Kim-ming |date=2006 |title=Citizenship, economy and social exclusion of mainland Chinese immigrants in Hong Kong |journal=Journal of Contemporary Asia |volume=36 |issue=2 |pages=217–242 |doi=10.1080/00472330680000131 |s2cid=154437658 }}
* {{cite journal |last=Lau |first=K.L. Alex |date=2009 |title=Immigration and Nationality Anomalies of Hong Kong |journal=LEWI Working Paper Series |issue=93 |pages=1–16 |url=https://repository.hkbu.edu.hk/cgi/viewcontent.cgi?article=1007&context=lewi_wp |access-date=4 June 2020 |archive-url=https://web.archive.org/web/20200319131533/https://repository.hkbu.edu.hk/cgi/viewcontent.cgi?article=1007&context=lewi_wp |archive-date=19 March 2020 |url-status=live }}
* {{cite conference |last=Leung |first=Nancy Ling Sze |date=30 August 2013 |title=A new population policy challenge towards the cross border birth issue in Hong Kong |conference=IUSSP International Population Conference |location=Busan |url=https://iussp.org/sites/default/files/event_call_for_papers/IUSSP%20Busan%20PDF.pdf |access-date=7 March 2019 |archive-url=https://web.archive.org/web/20170808071856/https://iussp.org/sites/default/files/event_call_for_papers/IUSSP%20Busan%20PDF.pdf |archive-date=8 August 2017 |url-status=live }}
* {{cite report |title=Main Report |work=1996 Population By-Census |publisher=[[Census and Statistics Department (Hong Kong)|Census and Statistics Department]] |date=December 1996 |url=https://www.statistics.gov.hk/pub/hist/1991_2000/B11200831996XXXXE0100.pdf |access-date=10 January 2019 |archive-url=https://web.archive.org/web/20181013094501/https://www.statistics.gov.hk/pub/hist/1991_2000/B11200831996XXXXE0100.pdf |archive-date=13 October 2018 |url-status=live |df=dmy-all |ref={{sfnref|1996 Population By-Census}} }}
* {{cite report |title=Six-monthly Report on Hong Kong January–June 1999 |publisher=[[Foreign and Commonwealth Office]] |date=July 1999 |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/500961/1999_Jan-Jun.pdf |access-date=28 May 2020 |archive-url=https://web.archive.org/web/20190725232726/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/500961/1999_Jan-Jun.pdf |archive-date=25 July 2019 |url-status=live |df=dmy-all |ref={{harvid|Six-monthly Report on Hong Kong January–June|1999}} }}
* {{cite journal |last=White |first=Robin |date=1988 |title=Nationality Aspects of the Hong Kong Settlement |journal=Case Western Reserve Journal of International Law |volume=20 |issue=1 |pages=225–251 |url=https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1702&context=jil }}
{{refend}}

==== Legislation and case law ====
{{refbegin|2}}
* {{wikicite |reference=Basic Law [http://www.basiclaw.gov.hk/en/basiclawtext/chapter_2.html Chapter II] |ref={{sfnref|Basic Law Chapter II}}}}
* {{wikicite |reference=Basic Law [http://www.basiclaw.gov.hk/en/basiclawtext/chapter_3.html Chapter III] |ref={{sfnref|Basic Law Chapter III}}}}
* {{wikicite |reference=Basic Law [http://www.basiclaw.gov.hk/en/basiclawtext/chapter_4.html Chapter IV] |ref={{sfnref|Basic Law Chapter IV}}}}
* {{wikicite |reference=Basic Law [http://www.basiclaw.gov.hk/en/basiclawtext/chapter_8.html Chapter VIII] |ref={{sfnref|Basic Law Chapter VIII}}}}
* {{wikicite |reference={{Cite Hong Kong case |litigants=Chan Kam Nga v the Director of Immigration |list=FACV |number=13 |year=1998 |date=29 January 1999 |id=19413 |pinpoint=32 |hklii=16}} |ref={{sfnref|''Chan Kam Nga v the Director of Immigration''}}}}
* {{wikicite |reference={{Cite Hong Kong case |litigants=Director of Immigration v Chong Fung Yuen |list=FACV |number=26 |year=2001 |date=20 July 2001 |id=22558 |pinpoint=8.3 |hklii=48}} |ref={{sfnref|''Director of Immigration v Chong Fung Yuen''}}}}
* {{wikicite |reference={{cite Hong Kong ordinance|name=Immigration Ordinance|115|2|4}} |ref={{sfnref|Immigration Ordinance Section 2(4)}}}}
* {{wikicite |reference={{cite Hong Kong ordinance|name=Immigration Ordinance|115|2A}} |ref={{sfnref|Immigration Ordinance Section 2A}}}}
* {{wikicite |reference={{cite Hong Kong ordinance|name=Immigration Ordinance|115}} [http://www.hklii.hk/eng/hk/legis/ord/115/sch1.html Schedule 1] |ref={{sfnref|Immigration Ordinance Schedule 1}}}}
* {{wikicite |reference={{Cite Hong Kong case |litigants=Lau Kong Yung v Director of Immigration |list=FACV |number=10 |year=1999 |date=3 December 1999 |id=18930 |pinpoint=74 |hklii=4}} |ref={{sfnref|''Lau Kong Yung v Director of Immigration''}}}}
* {{wikicite |reference={{Cite Hong Kong case |litigants=Ng Ka Ling and Another v the Director of Immigration |list=FACV |number=14 |year=1998 |date=29 January 1999 |id=34052 |hklii=72}} |ref={{sfnref|''Ng Ka Ling and Another v the Director of Immigration''}}}}
* {{wikicite |reference={{cite Hong Kong ordinance|name=Registration of Persons Ordinance|177|3}} |ref={{sfnref|Registration of Persons Ordinance Section 3}}}}
* {{wikicite |reference={{cite act |title=Regulamento sobre a entrada, permanência e autorização de residência |trans-title=Entry, stay and residence permit regulation |type=Administrative Regulation |number=5 |year=2003 |language=pt |url=https://images.io.gov.mo/bo/i/2003/15/rega-5-2003.pdf |access-date=3 December 2019 |archive-url=https://web.archive.org/web/20180205144713/http://images.io.gov.mo/bo/i/2003/15/rega-5-2003.pdf |archive-date=5 February 2018 |url-status=live }} |ref={{sfnref|Administrative Regulation No. 5/2003, Entry, stay and residence permit regulation}} }}
* {{wikicite |reference=Sino-British Joint Declaration ([http://www.hklii.hk/eng/hk/legis/instrument/A301/declaration.html Instrument A301]) [http://www.hklii.hk/eng/hk/legis/instrument/A301/annux1.html Annex 1] |ref={{sfnref|Sino-British Joint Declaration Annex 1}}}}
* {{wikicite |reference=Standing Committee Interpretation Regarding Article 22(4) and Article 24(2)(3) of the Hong Kong Basic Law ([http://www.hklii.hk/eng/hk/legis/instrument/A106/interpretation.html Instrument A106]) |ref={{sfnref|Standing Committee Interpretation Regarding Article 22(4) and Article 24(2)(3) of the Hong Kong Basic Law}}}}
* {{wikicite |reference={{Cite legislation UK |type=si |year=1986 |number=948 |section=3 |si=The Hong Kong (British Nationality) Order 1986}} |ref={{sfnref|The Hong Kong (British Nationality) Order 1986}}}}
* {{wikicite |reference={{Cite Hong Kong case |litigants=Vallejos v Commissioner of Registration |list=FACV |number=19 |year=2013 |date=16 July 2013 |id=86304 |pinpoint=89 |hklii=17}} |ref={{sfnref|''Vallejos v Commissioner of Registration''}}}}
{{refend}}

==== News articles ====
{{refbegin|2}}
* {{cite news |last=Bradsher |first=Keith |date=25 March 2013 |title=Hong Kong Court Denies Foreign Domestic Helpers Right to Permanent Residency |url=https://www.nytimes.com/2013/03/26/world/asia/hong-kong-court-denies-foreign-domestic-helpers-right-to-permanent-residency.html |url-access=limited |work=[[The New York Times]] |access-date=18 January 2020 |archive-url=https://web.archive.org/web/20190604001158/https://www.nytimes.com/2013/03/26/world/asia/hong-kong-court-denies-foreign-domestic-helpers-right-to-permanent-residency.html |archive-date=4 June 2019 |url-status=live }}
* {{cite news |last=Branigan |first=Tania |date=28 February 2014 |title=Foreign domestic workers across Asia rise up over exploitation |url=https://www.theguardian.com/world/2014/feb/28/foreign-domestic-workers-asia-exploitation |work=[[The Guardian]] |access-date=18 January 2020 |archive-url=https://web.archive.org/web/20191222092452/https://www.theguardian.com/world/2014/feb/28/foreign-domestic-workers-asia-exploitation |archive-date=22 December 2019 |url-status=live }}
* {{cite news |last=Chan |first=Cora |date=9 November 2016 |title=How Hong Kong's courts interpret Beijing's interpretation of the Basic Law may yet surprise |url=https://www.scmp.com/comment/insight-opinion/article/2044385/how-hong-kongs-courts-interpret-beijings-interpretation |work=[[South China Morning Post]] |access-date=8 March 2019 |archive-url=https://web.archive.org/web/20180216224218/http://www.scmp.com/comment/insight-opinion/article/2044385/how-hong-kongs-courts-interpret-beijings-interpretation |archive-date=16 February 2018 |url-status=live }}
* {{cite news |last=Ewing |first=Kent |date=4 March 2018 |title=High Court ruling on 'live-in' rule guarantees further abuse of Hong Kong's domestic workers |url=https://www.hongkongfp.com/2018/03/04/high-court-ruling-live-rule-guarantees-abuse-hong-kongs-domestic-workers/ |work=[[Hong Kong Free Press]] |access-date=18 January 2020 }}
* {{cite magazine |last=Heifetz |first=Justin |date=4 April 2017 |title=Foreign Domestic Worker Abuse Is Rampant in Hong Kong |url=https://www.vice.com/en/article/foreign-domestic-worker-abuse-is-rampant-in-hong-kong-v24n3/ |magazine=[[Vice (magazine)|Vice]] |access-date=18 January 2020 |archive-url=https://web.archive.org/web/20191214152212/https://www.vice.com/en_us/article/ezwavk/foreign-domestic-worker-abuse-is-rampant-in-hong-kong-v24n3 |archive-date=14 December 2019 |url-status=live }}
* {{cite news |last=LaFraniere |first=Sharon |date=22 February 2012 |title=Mainland Chinese Flock to Hong Kong to Give Birth |url=https://www.nytimes.com/2012/02/23/world/asia/mainland-chinese-flock-to-hong-kong-to-have-babies.html |url-access=limited |work=[[The New York Times]] |access-date=8 March 2019 |archive-url=https://web.archive.org/web/20180612204036/https://www.nytimes.com/2012/02/23/world/asia/mainland-chinese-flock-to-hong-kong-to-have-babies.html |archive-date=12 June 2018 |url-status=live }}
* {{cite news |last=Su |first=Xinqi |date=16 August 2018 |title=New ID card will give Hong Kong, Macau and Taiwan residents same access to public services as mainland Chinese counterparts |url=https://www.scmp.com/news/hong-kong/politics/article/2159989/new-id-card-will-give-hong-kong-macau-and-taiwan-residents |work=[[South China Morning Post]] |access-date=11 January 2019 |archive-url=https://web.archive.org/web/20190315103644/https://www.scmp.com/news/hong-kong/politics/article/2159989/new-id-card-will-give-hong-kong-macau-and-taiwan-residents |archive-date=15 March 2019 |url-status=live }}
{{refend}}

{{DEFAULTSORT:Right Of Abode In Hong Kong}}
[[Category:Law of Hong Kong]]
[[Category:Politics of Hong Kong]]
[[Category:Chinese nationality law]]
[[Category:British nationality law]]
[[Category:Immigration law]]
[[Category:Human rights in Hong Kong]]