✔ 最佳答案
如果在香港出生,有居英權,已有英國護照,可否申請香港特區護照?在申報國藉一欄點填?
Actually, Gary's answer is Half right.
You can apply HKSAR Passport, ONLY IF YOU get your British Citizenship BEFORE 1997
You must be of HK Citizens for getting HKSAR passport and HK Citizens follow Chinese Nationality Act so, you must satisify Chinese Nationality Act ( 中華人民共和國國籍法) To claim Chinese Nationality
Quote HKSAR Immigration Department
http://www.gov.hk/tc/residents/immigration/traveldoc/hksarpassport/faqpassport.htm#q2
"如果你返回香港定居,並且沒有向香港特別行政區入境事務處申報變更國籍 ,則仍是一名中國公民,符合資格申請香港特別行政區護照。
(請注意,就任何人士聲稱於香港特別行政區享有居留權而言,「定居」是指通常居於香港,而且在港逗留的時間並無受到任何限制。)
你可以在「香港政府一站通」的入境事務群組,找到更多有關香港特別行政區居留權以及中國國籍的資料"
So, in the case of you having another Passport BEFORE the basic law in effect in 1997, you will not be affect by the Chinese Nationality law, as you cannot lose what you already had by being a Chinese Citizens.
However, that is BEFORE Basic law come into effect in 1997.
If you get other citizenship AFTER 1997 handover. You will lost your HK citizenship AUTOMATICALLY as per Basic law's Chinese Nationality Act, act 9.
Quote HKSAR immigration department website
http://www.immd.gov.hk/chtml/chnnationality_1.htm
定 居 外 國 的 中 國 公 民 , 自 願 加 入 或 取 得 外 國 國 籍 的 , 即 自 動 喪 失 中 國 國 籍 。
Since this act coming into the effect, it contradict the situation mention earlier, simply becasue even if you DO NOT loge the change of nationality (申報變更國籍) , you still lose your HKSAR and Chinese Citizenship, as act 9 saids, the lost is automatic, you DO NOT need to lodge a change to lost HK Citizenship, so you will not be a Chinese Citizens if you claim other Citizenship AFTER 1997, and thus, you lost the right to claim HKSAR passport.
You can still apply for it, but then you will be breaking the law. Because lying of a government form is illegal and illegally obtain travel document is illegal and punishable by jail and fine.
In short, if you get your UK Citizenship before 1997, you CAN apply HKSAR passport, if you get your citizenship AFTER 1997, you CANNOT apply HKSAR passport.
2009-12-05 10:51:59 補充:
Notice that the first quote ASSUME you are still Chinese Citizens, which Act 9 clearly stated and explain why a perosn have Oversea Citizenship is NOT a Chinese Citizens anymore. Please separate the different.
參考: My wife was a Immigration lawyer and Worked for Australian immigration department before, this is not a new question to her