British Nationality Selection Scheme
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The British Nationality (Hong Kong) Selection Scheme, usually known in Hong Kong as simply the British Nationality Selection Scheme (BNSS), was a process whereby the
Governor of Hong Kong The governor of Hong Kong was the representative of the United Kingdom, British The Crown, Crown in British Hong Kong, Hong Kong from 1843 to 1997. In this capacity, the governor was president of the Executive Council of Hong Kong, Executiv ...
invited certain classes of people, who were permanent residents of Hong Kong with the right of abode, and who were also considered British nationals under the
British Nationality Act 1981 The British Nationality Act 1981 (c. 61) is an Act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983. History In the mid-1970s the British Government decided to update the nationality code, which ha ...
, but were not British citizens (with the right of abode in the United Kingdom), to apply to be considered and then be selected to become registered as British citizens under the British Nationality (Hong Kong) Act 1990. The scheme allowed at least 50,000 persons, and their spouses and children, to become British citizens by means of registration under the 1990 Act. British nationals who were permanent residents of Hong Kong with the right of abode, who also met certain eligibility criteria, could apply to be selected to become registered as British citizens, under Section 1(1) of the 1990 Act, during two three-month periods: *1 December 1990 to 28 February 1991 *3 January 1994 to 31 March 1994 The Governor and the Government of Hong Kong retained the power to invite, accept, process and approve applications after 31 March 1994. However, no person could be registered by the British Home Secretary as a British citizen under that section of the 1990 Act after 30 June 1997. Spouses and children of those who were granted British citizenship under section 1(1) could apply for registration under Section 1(4) of the Act. All applications from spouses and children for registration under s. 1(4) were required to be made on or before 31 December 1996.


Eligibility criteria

To be considered for registration as a British citizen under s. 1(1), a person was required to be settled in Hong Kong and to be one of the following: *A
British Dependent Territories Citizen A British Overseas Territories citizen (BOTC), formerly called British Dependent Territories citizen (BDTC), is a member of a class of British nationality granted to people connected with one or more of the populated British Overseas Territori ...
(BDTC) by virtue of a connection with Hong Kong, or an applicant for registration or naturalisation; *A
British National (Overseas) British National (Overseas), abbreviated as BN(O), is a class of British nationality associated with the former colony of Hong Kong. The status was acquired through voluntary registration by individuals with a connection to the territory wh ...
(BN(O)), British Overseas Citizen (BOC),
British Subject The term "British subject" has several different meanings depending on the time period. Before 1949, it referred to almost all subjects of the British Empire (including the United Kingdom, Dominions, and colonies, but excluding protectorates ...
(BS), or
British Protected Person A British protected person (BPP) is a member of a class of British nationality associated with former protectorates, protected states, and territorial mandates and trusts under British control. Individuals with this nationality are British ...
(BPP) There were four classes of eligible s. 1(1) applicants: *General Occupational Class (GOC), for managers and professionals. *Entrepreneurs Class (EC), for businessmen and women. *Disciplined Services Class (DSC), for Hong Kong civil servants in the police, fire, immigration, customs, and correctional services. *Sensitive Service Class (SSC), for those in public or private sector roles with particular vulnerabilities on account of their positions. Selection of persons in the GOC and DSC classes was primarily based on a "points system". Applicants who, in addition to British nationality, held, claimed or possessed, voluntarily or involuntarily, nationality or citizenship of another country, other than (and excluding) the nationality of the People's Republic of China (PRC), were penalised in the points test, although it was not a bar to acceptance, selection and registration. Spouses and children of family heads who registered under s. 1(1) were eligible for registration under s. 1(4) regardless of their nationality. However, a spouse who married the family head after that person was registered under s. 1(1) was required to be settled in Hong Kong on the date of the marriage to be eligible for registration under s. 1(4).


Nationality status

Under subsection 2(2) of the British Nationality (Hong Kong) Act 1990, a BDTC who was successfully registered as a British citizen under BNSS automatically ceased to be a BDTC. While the Act did not specify the loss of applicant's
British National (Overseas) British National (Overseas), abbreviated as BN(O), is a class of British nationality associated with the former colony of Hong Kong. The status was acquired through voluntary registration by individuals with a connection to the territory wh ...
status, subsection 4(3) of the Hong Kong (British Nationality) Order 1986 specified that BN(O) status would be lost when the applicant ceased to be a BDTC. Hence, those who were registered as British citizens under the BNSS would only hold one class of British nationality. Under
Chinese nationality law Chinese nationality law details the conditions by which a person holds nationality of the People's Republic of China (PRC). The primary law governing these requirements is the Nationality Law of the People's Republic of China, which came int ...
and the respective explanations made by the
Standing Committee of the National People's Congress The Standing Committee of the National People's Congress (NPCSC) is the permanent body of the National People's Congress (NPC), the national legislature of the People's Republic of China. It exercises the powers of the NPC when it is not in s ...
, the British Citizenship acquired by Chinese nationals in Hong Kong through BNSS is not recognised. They are not entitled to British consular protection in Hong Kong and other parts of the People's Republic of China.


See also

*
British nationality law The primary law governing nationality in the United Kingdom is the British Nationality Act 1981, which came into force on 1 January 1983. Regulations apply to the British Islands, which include the UK itself (England, Wales, Scotland, and Nor ...
* British nationality law and Hong Kong *
History of British nationality law This article concerns the history of British nationality law. Early English and British nationality law British nationality law has its origins in England in the Middle Ages, medieval England. There has always been a distinction in English ...


References


External links


British Nationality (Hong Kong) Act 1990
{{British nationality law British nationality law
Nationality law Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and for ...
Hong Kong and the Commonwealth of Nations Society of Hong Kong History of Hong Kong British Hong Kong