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Written by: Lin Yingxian
2021-03-19 13:35
Last update date: 2021-03-19 13:35
At the beginning of this year, the Correctional Services Department suddenly requested persons in custody with dual citizenship to declare whether they were foreign or Chinese, and made a statement on this. The Canadian Ministry of Foreign Affairs first confirmed the incident, and the United States and the United Kingdom later confirmed the incident.
Canadian Consul General in Hong Kong Nan Jerry and Australian Consul General in Hong Kong Hua Yide both stated to Hong Kong 01 that although China’s Nationality Law does not recognize other nationalities of nationals, the consular agreement signed with China ensures that People entering China and Hong Kong with passports, regardless of whether they have Chinese nationality or not, can seek consular services and denounce Hong Kong unilaterally for changing the usual practice that has been used for 20 years.
Looking at the public information of the Department of Justice, the consular agreements signed by the Chinese government and 11 countries cover Hong Kong. Among them, only the bilateral agreements between Australia, Canada, New Zealand and the United States stipulate that people who enter the country with a travel document even if they also hold China Nationals should also ensure that nationals of that country can seek consular visits and protection.
In the "Five Eyes Alliance", only the United Kingdom's bilateral agreement does not cover the issue of dual citizenship.
(Interview with the Consul General in Hong Kong, Part 5)
At the beginning of the year, the Correctional Services Department unilaterally required persons in custody with dual nationality to declare their nationality, so that inmates who declared Chinese nationality could no longer meet with the consul and receive protection. Nan Jerry and Shi Hua Yide both directed Hong Kong to Hong Kong 01 Government, "change in practice", and according to the consular agreement signed between the two countries and China, anyone who holds a passport from that country entering Hong Kong and mainland China will be subject to consular protection. Treated as a national of that country.
However, Nan Jerry and Hua Yide both pointed out that it is difficult to say whether the Hong Kong government has violated the agreement at this stage and it remains to be seen whether the authorities take further action.
▼On January 30th, the Hong Kong government recognized the BNO passport on the "last day"▼
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Looking through the data, it is found that the consular agreements signed by the Chinese government and 11 countries cover Hong Kong. Among them, only the bilateral agreements between Australia, Canada, New Zealand and the United States provide for dual nationality issues. The relevant treaties guarantee the protection of Hong Kong citizens holding the nationality of other countries. What are the conditions?
How can Hong Kong citizens holding the nationalities of these 4 countries obtain consular protection?
The consular agreement signed between the United States and China in Beijing in 1997 stated that American nationals who enter Hong Kong with a U.S. travel document will be regarded as the United States by China, including the Hong Kong government, within the validity period of the visa or legal visa-free entry granted to them. Nationals to ensure that they have the right to meet and protect the US consulate.
According to Article 6 of the agreement, consular officials have the right to visit arrested or detained nationals, and can assist in arranging legal representatives and translators. The relevant visits shall not be later than the second day after the consulate is notified. At the request of the consular officials, the officials Each visit should not be more than one month apart.
Australia and Canada also signed a consular agreement with China in 1999, while the New Zealand agreement was signed in 2003. All three agreements stipulate that nationals of the sending country who enter the receiving country with a valid travel document from the sending country shall be exempted from visas or legally. Within the validity period that the visa entry grants them the status, the relevant authorities of the receiving country will be regarded as nationals of the sending country to ensure that they are met and protected by the consul of the sending country.
But the agreement stipulates that this is not a recognition of dual nationality.
Shao Jiazhen infers that after he declares as a foreign citizen, he may lose his rights as a Hong Kong citizen, including seeking medical treatment, applying for public housing, etc., and will not be treated as ordinary Hong Kong people.
(Information picture / Photo by McCain)
Shao Jiazhen, the former Legislative Council member who founded the prisoner rights organization "Stone Wall Flower", denounced the Hong Kong government for "no wind and waves", believing that the government's move is to further suppress the weaknesses in the wall, and unilaterally change the practice that has been used for many years at the current politically sensitive time. The question is that they want to exploit people who will be jailed for political incidents and have dual nationalities in the future. They describe the authorities as "strike first to be strong," and it will evolve into diplomatic turmoil at any time.
Shao Jiazhen also pointed out that at present, there are no consequences for choosing a nationality, but after deducing that he is a foreign citizen, he may lose his rights as a Hong Kong citizen, including seeking medical treatment, applying for public housing, etc., and there will be no ordinary Hong Kong people. Treatment.
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In the end, when correctional officers require persons in custody to declare their nationality, do they first check what travel documents they use to enter the country? Will this violate the bilateral consular agreement?
In its reply, the Correctional Services Department only reiterated that foreigners in custody and foreign consulates have visitation rights to their nationals, and related rights do not apply to Chinese citizens, and emphasized that China does not recognize citizens with dual nationality.
The Correctional Services Department did not respond positively to the rights to declare foreign nationality and Chinese nationality, including whether social welfare insurance would be lost after applying for foreign nationality. It only indicated that the authorities would perform their duties without discrimination and would not be based on the background of persons in custody. And nationality.
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