The officially recognized proof of legal identity in Hong Kong Special Administrative Region (HKSAR) is the Hong Kong Identity Card (HKID), mandatory for all residents aged 11 years and above to register to use as proof of identity and residency to access public and private services such as banking, medical services, immigration purposes, voting in elections, tax purposes, and social security benefits.[1] There are two types of HKID, the Permanent Identity Card (PIC), for residents with a permanent right to abode in Hong Kong, and the Non-Permanent Identity Card, for residents permitted to stay in Hong Kong for more than 180 days for work or study purposes.[2]
The Immigration Department, the issuing department, started introducing smart ID cards in 2003, with embedded microchips, displaying information such as the individual’s name in Chinese or English, picture, date of registration, date of birth, sex, and identity card number.[3] The Immigration Department introduced a new generation of smart HKIDs as part of its territory-wide identity replacement exercise from 26 November 2018, with improved durability, security features, chip technology and protection of personal data.[4]
To apply for a PIC, an individual first needs to verify their eligibility on ‘the right to abode’ in Hong Kong by applying for a certificate of entitlement for a PIC, as per the Registration of Persons Ordinance. Under the Immigration Ordinance,[5] there are six categories of people eligible to enjoy the right to abode in the HKSAR:
- A Chinese citizen born in Hong Kong before or after the establishment of the HKSAR (after 1 July 1997).
- A Chinese citizen who has ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the HKSAR.
- A person of Chinese nationality born outside Hong Kong before or after the establishment of the HKSAR to a parent who, at the time of birth of that person, was a Chinese citizen falling within category (a) or (b).
- A person not of Chinese nationality who has entered Hong Kong with a valid travel document, has ordinarily resided in Hong Kong for a continuous period of not less than seven years and has taken Hong Kong as his/her place of permanent residence before or after the establishment of the HKSAR.
- A person under 21 years of age born in Hong Kong to a parent who is a permanent resident of the HKSAR in category (d) before or after the establishment of the HKSAR if at the time of his/her birth or at any later time before he/she attains 21 years of age, one parent has the right of abode in Hong Kong.
- A person other than those in categories (a) to (e), who, before the establishment of the HKSAR, had the right of abode in Hong Kong only.[6]
For the non-permanent HKID, all foreign nationals aged 11 or above who have stayed over 180 days must apply for a HKID.[7] The applications must be made in person with their proof of identity (e.g. valid travel document or passport), proof of residency status through a valid employment, investment, dependent, or student visa, birth certificate (for those aged between 11 and 17 years), and previously issued identity card (if any).[8]
Since HKSAR is a special administrative region of China, the territory does not have its own nationality law and operates under China’s nationality laws.[9] Generally, the HKID does not prove citizenship and instead is a proof of identity and legal residency status in Hong Kong for Chinese citizens, permanent residents, and foreign nationals living there.[10] The only linkage of the HKID to Chinese citizenship is for holders of permanent HKIDs which signifies that a person has a right to abode, meaning they are either Chinese citizens with an established connection to Hong Kong through birth, long-term residence of at least seven years, or birth by descent outside Hong Kong.[11]
Birth registration in Hong Kong is an essential document that establishes an individual’s legal identity and provides access to medical treatment, education and welfare benefits.[12] The birth certificate is a prerequisite document needed to apply for the HKID for children aged 11 and above.[13] It is mandatory for parents to register the birth of their children in accordance with the Section 7 of the Births and Deaths Registration Ordinance, and there is a penalty for failure to register the birth.[14] Birth registration for a child born to married parents in Hong Kong requires the attendance of either parent and the submission of the parents’ marriage certificate, along with identity or travel documents depending on whether the parents are Hong Kong permanent residents, residents, or non-residents, primarily to verify the child’s immigration status.[15] For children born out of wedlock where the father’s name is to be recorded, registration requires personal attendance by one or both parents and documentary proof of paternity, which may include statutory declarations by the parents or a relevant court order, with the child’s written consent if aged 16 or above.[16]
While the HKID is framed as proof of identity and legal residence rather than citizenship, access to the system is reliant upon immigration status, recognized nationality, and civil registration documents. Stateless persons, particularly children born to migrants, refugees, or parents with uncertain nationality status, often lack the documentation required to obtain either permanent or non-permanent HKIDs, including valid travel documents, proof of residency status, or birth certificates establishing parentage and immigration status.[17]
