A BILL
TO


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.

Enacted by the Provisional Legislative Council.

[1 July 1997]

1. Short title and commencement

  1. This Ordinance may be cited as the Chinese Nationality (Miscellaneous Provisions) Ordinance.

  2. This Ordinance, other than section 4, shall be deemed to have come into operation on 1 July 1997.

  3. Section 4 shall come into operation at the beginning of the day on which this Ordinance is published in the Gazette.

2. Interpretation

  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.

3. Nationality applications

  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---

    1. 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

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

4. Offences

Any person who in connection with any nationality application---

  1. furnishes any information which he knows to be false or misleading, or does not believe to be true, in a material particular; or

  2. 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.

5. Decisions in exercise of discretion

  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---

    1. the discretion shall be exercised without regard to the race, colour or religion of any person who may be affected by its exercise; and

    2. 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.

6. Regulation

The Director may by regulation---

  1. prescribe the requirements to be complied with in respect of any nationality application or of any class of nationality applications;

  2. 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.

7. Amendment of Schedule

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

SCHEDULE

[ss. 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)

$1,365, which is payable when the application is made; and


(b)

$1,365, which is payable on demand for certificate to issued under Article 16

2.

Application for renunciation of Chinese nationality $480 under Article 10


$480

3.

Application for restoration of Chinese nationality $960 under Article 13


$960

4.

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

$155

5.

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

$145