✔ 最佳答案
Short answer is no, you are not qualified, if you want to know why, just read further.
問題係,
1997香港回歸前,
我有冇中國籍?定係只有BNO?
Anyone who lived in HK before 1-7-1997 are of British Dependent Territories Citizens (BDTC not British Citizens) According to Critish Citizenship act 1983.
BDTC stop existing on 1-7-1997 00:00 and from 1-7-1997 00:00, all BDTC who are Chinese Descent would automatically granted Chinese Citizens on 1-7-1997.
In your case, you became a Chinese Citizens at 1-7-1997 because of your parental Chinese Heritage.
我一年前先領特區戶照,咁等唔等如我一年前先開始有中國籍?
No, you have that since 1-7-1997 00:00 (HKT) having pasport or not does not affect that you have Chinese Citizenship.
定係唔計有冇護照,我一出世起就有中國籍/97之後自動有中國籍?
No, From whenever you born until 1 July 1997, you hold BDTC (British Dependent Territories Citizenship) from 1 July 1997,you hold Chinese Citizenship.
So there are not, at any point, you are stateless.
我如果1997前冇中國籍只有英籍的話,可以而家申請做英國公民.
What you interpreted is incorrect, you are not stateless before 1997 handover, you still have BDTC (Which is a form of British Citizenship) BDTC is granted to all People who was born in HK during colonial era. You born in HK in 1991, then you will have BDTC.
To get that Stateless Registration, you will need to be stateless on/after 1-7-1997 and BEFORE 13 Jan 2009
People who are stateless before 1997 is those who are born OUTSIDE HK and have no connection to HK what-so-ever (e.g Migrate to HK before 1997)
People who are stateless after 1997 to 2009 are those BNO holder who does not have Chinese Descent or have been living permanently oversea and renounced Chinese Nationality for taxation purpose.
That mean you are only stateless in this period if you:
Born outside HK with non-Chinese Parent. Born in HK with non-Chinese parent. Born in HK with Chinese Parent but migrated somewhere else before 13-01-2009 and does not yet claim Citizenship of the country you permanentlyreside to.
2010-03-18 08:31:10 補充:
sorry, that was British nationality act 1983, not critish*
2010-03-20 06:50:02 補充:
Actually, grand tom. you are incorrect.
EVERYONE IN HONG KONG BEFORE 1997 HAVE CITIZENSHIP, you either ;
British Citizens (if you get BC by British Citizenship Act 1981, 1996)
British Dependent Territories Citizens (If you are born in HK)
British Oversea Citizens (If you are born outside HK)
2010-03-20 06:51:27 補充:
Of those 3, only BC have right of adobe in UK.
And since turnover, all 3 Citizenships Ceased to exist to all Hong Kong Resident
Instead, they are replaced with Chinese Citizenship, if you hold Chinese Relationship
2010-03-20 06:52:19 補充:
And of those who does not have Chinese Descent, you are then called "Stateless" and by law, you should either get British Citizenship or CHinese Citizenship, depend on your C Ountry of Permanent Residence.,
2010-03-20 06:53:54 補充:
That is what the UK Citizenship act 2010 about, if youdoes not have CHinese Descent and does not have any other form of Citizenship, you are Stateless, and by International Law regarding Stateless person , you should get your Citizenship by the Country you permanent reside on
2010-03-20 06:55:35 補充:
By the way 英藉華人 mean a Chinese With British Citizenship (英藉)
EVERYONE BEFORE 1997 have some form of UK CITIZENSHIP, depends on how you related to HK. That is what Citizenship Act, 1981 stated.
2010-03-20 06:56:21 補充:
People Generally Misundetstood the relationship between BNO and BDTC
BNO is only a travel document, While BDTC is a Citizenship.
參考: my wife is an immigration lawyer and used to work for Australian Immigration