1. Lack of Legal Safeguards Against Childhood Statelessness
Like in China, a child born in the territory to two stateless parents or parents with undetermined nationality who have settled in Hong Kong will be a citizen. There are no provisions specifically addressing foundlings in the territory. Prior to the dissolution of China’s one-child policy, the country had over 500,000 (largely female) registered orphans who had been abandoned or whose parents had died. In 2021, the figure of abandoned children had reduced to 190,000, where 98% of the abandoned children in state care lived with a disability or illness.
2. Citizenship Stripping
According to the Nationality Law, there are primarily two circumstances under which a Chinese citizen can lose their citizenship: firstly, when they acquire a foreign citizenship, which results in the automatic loss of their Chinese citizenship due to China’s policy of not recognizing dual citizenship; secondly, through an application process that involves satisfying certain preconditions. The concept of citizenship stripping is not recognized as a form of punishment under the Criminal Code or any other statutes in Chinese law. At the same time, there are no provisions in China’s legislation which stipulate the renunciation process of previous citizenship in order to apply for Chinese citizenship.
3. Administrative Barriers
Hong Kong’s legislation does not stipulate the granting of asylum or refugee status. However, the government may provide limited protection to refugees in dire situations. Refugees may file for a ‘nonrefoulement claim’ which protects them from deportation, but this can lead to detention until the claim is processed. With less than one percent of claims approved, refugees may appeal the decision, but the lack of transparency of the outcome of such a decision has raised concern among members of the Hong Kong Bar Association. The requirement of refugees and asylum seekers to periodically visit the Immigration Department in person has been noted to cause disruptions in school attendance for refugee children. Of particular concern among activists is Hong Kong’s 2021 ordinance amendment which denies anyone seeking asylum from entering Hong Kong and shortens the protection timeframes for individuals at risk of deportation. The ordinance amendment also “allows immigration officers to carry guns and, in some cases, requires asylum seekers to communicate in a language other than their mother tongue”.
Under the nationality laws of China, which are applicable to Hong Kong, children born to stateless parents or parents of uncertain nationality who have settled in China are entitled to an automatic grant of nationality. However, the practical application of this law and its interaction with policies and administrative requirements fundamentally limits the applicability of this protection.
Under the nationality laws of China, applicable to Hong Kong, children born to stateless parents or parents of uncertain nationality who have settled in China are entitled to an automatic grant of nationality.
Given that the Medical Certificate of Birth generally serves as the legal and medical evidence for a person’s proof of citizenship and record of birth, the authority may require such certificate to be submitted in reviewing the application for nationality pursuant to Article 6 of the Nationality Law. Accordingly, lack of such certificate will present substantial difficulties in obtaining Chinese nationality pursuant to Article 6 of the Nationality Law in practice. In addition, the children would not be able to complete birth registration if the Medical Certificate of Birth is absent.
