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A person is born outside of Hong Kong in Australia in 1990, i.e. before 1997. Both his parents have Hong Kong nationality. He grows up in Australia but he also holds the Hong Kong Identity Card. Does this mean he has dual Australian-Hong Kong nationality?

Edit: Assume that both parents have "Nationality: Australia" on their Australian passports

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  • There is no such thing as "Hong Kong nationality". There are orthogonal concepts of Chinese nationality and Hong Kong permanent residency (some people have Chinese nationality but not Hong Kong permanent residency; some people have Hong Kong permanent residency but not Chinese nationality). It is not clear exactly what you are asking about. – user102008 Aug 29 '15 at 1:46
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If a person was born before 19 Aug 1986 in Australia they have the right to Australian citizenship. If they were born after that date, then one of their parents has to be an Australian citizen or Permanent Resident in order to qualify for Australian citizenship.

So in this case it would dependent on whether the parents had Permanent Resident status or not.

  • The Hong Kong citizenship rules are hard to understand. How would they affect this person if they are an Australian national? Does he have dual citizenship? – Medulla Oblongata Aug 28 '15 at 8:30
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    Hong Kong & China's rules are confusing,but I don't think you can have a Hong Kong citizenship in the traditional sense of the word. Rather it is more of a residency thing. The person could apply for Chinese citizenship (assuming the parents are Chinese citizens), but China does not recognize dual citizenship so they may have to renounce their Austrailia citizenship.. – user13044 Aug 28 '15 at 9:37
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I've found these responses on a forum which seem similar to what I'm asking.

Basically the HKID card is proof of residency, not nationality. If you have never applied for or gotten a HKSAR passport, and you only have an Australian one, then you are simply a citizen of Australia.

I'm not sure if this is 100% correct. Would anyone like to second this?

  • According to this logic, if a person does not apply for a passport, he has no nationality. Passport and nationality are very different things. Having a country's nationality is a prerequisite for applying for that country's passport. Getting a passport will never give you a new nationality; you must already have it in the first place. Not having a country's passport does not mean you do not have that country's nationality. – user102008 Aug 29 '15 at 1:48

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