Chinese Nationality (Miscellaneous Provisions) Ordinance


Published: 2015-11-12

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Cap 540 - Chinese Nationality (Miscellaneous Provisions) Ordinance 1

Chapter: 540 Chinese Nationality (Miscellaneous Provisions) Ordinance Gazette Number Version Date

Long title E.R. 3 of 2015 12/11/2015


An Ordinance to provide for matters relating to the operation in the Hong Kong Special Administrative Region of the
Nationality Law of the People's Republic of China, and for connected purposes.


[This Ordinance, other than section 4 : 1 July 1997
Section 4 : 1 August 1997]


(Enacting provision omitted—E.R. 3 of 2015)


(Originally 128 of 1997)


(*Format changes—E.R. 3 of 2015)
_______________________________________________________________________________
Note:
*The format of the Ordinance has been updated to the current legislative styles.

Section: 1 Short title E.R. 3 of 2015 12/11/2015


(1) This Ordinance may be cited as the Chinese Nationality (Miscellaneous Provisions) Ordinance.
(2)-(3) (Omitted as spent—E.R. 3 of 2015)

Section: 2 Interpretation E.R. 3 of 2015 12/11/2015


(1) In this Ordinance, unless the context otherwise requires-
Chinese national (中國公民) has the same meaning as in the Nationality Law,
as implemented in the Hong Kong Special Administrative Region in accordance with the Explanations;
Chinese nationality (中國國籍) has the same meaning as in the Nationality Law, as implemented in the Hong Kong

Special Administrative Region in accordance with the Explanations;
Director (處長) means the Director of Immigration;
Explanations (《解釋》) means the Explanations of Some Questions by the Standing Committee of the National

People's Congress Concerning the Implementation of the Nationality Law of the People's Republic of China in
the Hong Kong Special Administrative Region, as adopted at the 19th meeting of the Standing Committee of the
National People's Congress at the 8th National People's Congress on 15 May 1996;

nationality application (國籍申請) means an application made under or pursuant to or for the purposes of any of the
provisions of the Nationality Law, as implemented in the Hong Kong Special Administrative Region in
accordance with the Explanations;

Nationality Law (《國籍法》) means the Nationality Law of the People's Republic of China, as applied in the Hong
Kong Special Administrative Region under the Promulgation of National Laws 1997 (L.N. 379 of 1997).

(2) In the Schedule, a reference to an Article is a reference to an Article contained in the Nationality Law.

Section: 3 Nationality applications E.R. 3 of 2015 12/11/2015


(1) Subject to subsection (2), a nationality application may be made to the Immigration Department by giving to the
Director a notice in writing in such form and containing such particulars as he may specify either generally or in
any particular case.

(2) No nationality application made under subsection (1) shall be processed unless-
(a) in the case of an application specified in column 2 of the Schedule, the fee or the applicable fee or fees, as

the case may be, specified opposite thereto in column 3 of the Schedule have been paid to the Government;
and

(b) the requirements (if any) prescribed under section 6 in respect of the application have been complied with.



Cap 540 - Chinese Nationality (Miscellaneous Provisions) Ordinance 2


Section: 4 Offences E.R. 3 of 2015 12/11/2015


Any person who in connection with any nationality application-
(a) furnishes any information which he knows to be false or misleading, or does not believe to be true, in a

material particular; or
(b) produces any deed, instrument or record which he knows to be false or misleading, or does not believe to be

true, in a material particular,
commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

Section: 5 Decisions in exercise of discretion E.R. 3 of 2015 12/11/2015


(1) Subject to subsection (2), where in connection with any nationality application any discretion may be exercised
under or pursuant to any of the provisions of the Nationality Law, as implemented in the Hong Kong Special
Administrative Region in accordance with the Explanations-
(a) the discretion shall be exercised without regard to the race, colour or religion of any person who may be

affected by its exercise; and
(b) any decision to approve or refuse the nationality application in the exercise of the discretion shall not be

subject to appeal to, or review in, any court, and there shall be no need to assign any reason for the decision.
(2) Nothing in this section affects the jurisdiction of any court to entertain proceedings of any description

concerning the rights of any person under the Nationality Law.

Section: 6 Regulation E.R. 3 of 2015 12/11/2015


The Director may by regulation-
(a) prescribe the requirements to be complied with in respect of any nationality application or of any class of

nationality applications;
(b) make such provisions as the Director may consider requisite or expedient for the better carrying out of any

of the provisions of the Nationality Law, as implemented in the Hong Kong Special Administrative Region
in accordance with the Explanations, and of the provisions of this Ordinance.


Section: 7 Amendment of Schedule E.R. 3 of 2015 12/11/2015


The Chief Executive in Council may by order amend the Schedule.

Schedule: Schedule E.R. 3 of 2015 12/11/2015


[sections 2, 3 & 7]


Fees


Column 1 Column 2 Column 3


Item Application Fee
1. Application for naturalization as a Chinese national

under Article 7
(a)$1730, which is payable when the

application is made; and (Amended
L.N. 144 of 2014)

(b)the following amount is payable on
demand for a certificate to be issued
under Article 16-
(i) $1365 (for an application made

before 19 June 2006);
(ii) $1570 (for an appliaction made on

or after 19 June 2006 but before 9



Cap 540 - Chinese Nationality (Miscellaneous Provisions) Ordinance 3

February 2015);
(iii) $1730 (for an application made on

or after 9 February 2015).
(Replaced L.N. 144 of 2014)


2. Application for renunciation of Chinese nationality

under Article 10


$575

3. Application for restoration of Chinese nationality
under Article 13


$1150

4. Application for supply of a certified copy of any
certificate issued under Article 16


$185

5. Application to make a declaration of change of
nationality for the purposes of the Nationality Law

$145

(Amended L.N. 67 of 2006)

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