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Right of Abode in the Hong Kong Special Administrative Region

The Immigration Ordinance stipulates who can enjoy the right of abode in the Hong Kong Special Administrative Region (HKSAR). This page provides general information on the meanings of right of abode and related terms, what constitutes proof of the right of abode, who is eligible, why you need to verify your eligibility for a permanent identity card, why you might need to obtain a Certificate of Entitlement, and where to go for further information.

This is a general guide to immigration matters and carries no legal authority.

Meanings of Right of Abode and Related Terms

The terms used in relation to the right of abode have specific meanings under the laws of Hong Kong. The following link will take you to the meanings of ‘right of abode’, ‘right to land’, ‘Chinese citizen’, ‘settled’ and ‘ordinary residence’.

Personal Proof of the Right of Abode

You can only exercise your right of abode in the HKSAR if you are able to prove your permanent resident status by holding:

  • A valid permanent identity card issued to you

or

  • A valid travel document issued to you with a valid Certificate of Entitlement issued and affixed to such travel document

or

  • A valid HKSAR passport issued to you.

Who is Eligible?

You are eligible for right of abode in the HKSAR if you are:

  • A person who belongs to the six categories as stipulated under Paragraph 2 of Schedule 1 to the Immigration Ordinance; or
  • A person who fulfills the transitional requirements under Paragraph 6 of Schedule 1 to the Immigration Ordinance.

 

Application for Verification of Eligibility for a Permanent Identity Card

Holding a valid permanent identity card issued to you constitutes proof that you have the right of abode in the HKSAR. Before you proceed to register for the issue of a permanent identity card, you will need to show that you are eligible for registration.  For this purpose, you can apply for verification of eligibility for a permanent identity card. You must, however, be in Hong Kong when you make that application.

Application for Certificate of Entitlement

You cannot apply to verify your eligibility for a permanent identity card under the Registration of Persons Regulations if you are qualified to apply for a Certificate of Entitlement under section 2AB of the Immigration Ordinance, have not been issued with such a Certificate, and are currently residing in Mainland China. If you fall into this category, please use the following link to access further information about applying for a Certificate of Entitlement.

Frequently Asked Questions

Further information on the right of abode in the HKSAR and related issues is available in a set of frequently asked questions that can be accessed through the following link.

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Last review date: March 2010

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