Wikipedia

Visa policy of Hong Kong

(Redirected from Capital Investment Entrant Scheme)
This article is about the visa policy of the Hong Kong SAR of the People's Republic of China. For the visa policy of the mainland of China, see Visa policy of mainland China. For the visa policy of Macau SAR, see Visa policy of Macau. For the visa policy of Taiwan, see Visa policy of Taiwan.

The visa policy of Hong Kong deals with the requirements in which a foreign national wishing to enter Hong Kong through one of the 15 immigration control points must meet to obtain an entry permit (permit to enter) or Visa, which depending on the traveller's nationality, may be required to travel to, enter, and remain in the Hong Kong Special Administrative Region. Visitors from over 145 countries are permitted without Visa entry for periods ranging from 7 to 180 days, to the Hong Kong Special Administrative Region for tourism or certain business-related activities.[1][2][3] All visitors must hold a passport valid for more than 1 month.

A Sample of Regular Hong Kong Visa for Visitor issued by Hong Kong Immigration Department
A visa for Hong Kong SAR issued by the Chinese embassy in Tbilisi
An entry endorsement issued to a Chinese national residing in mainland China on a Two-way Permit booklet
An entry permit for Hong Kong SAR issued to a Chinese national residing overseas

Unless having the right to land or right of abode in Hong Kong, nationals of all countries and territories require entry permits or visas from the Hong Kong Immigration Department directly or via one of the Chinese diplomatic missions overseas, to undertake other activities, such as study, employment, or operation of a business. Under the one country, two systems policy, Hong Kong maintains its immigration and visa policy independently from the rest of China. Consequently, entering Hong Kong from mainland China or Macau requires passing through immigration checkpoints of mainland China or Macau. Whilst Macau residents have visa-free access for short visits to Hong Kong, Mainland residents can only use a PRC passport if either transiting to a third country or having a sticker-styled HKSAR Entry Permit on the passport. Otherwise, they must obtain a Two-way Permit (EEP) with the appropriate exit endorsement from the Chinese Ministry of Public Security before visiting Hong Kong.

Due to the historical background of Hong Kong, immigration status in Hong Kong is determined by a combination of both nationality and residence status. Therefore, even a Chinese national with the right of abode in Hong Kong has a slightly different status to a foreign national with the right of abode in Hong Kong as well (since the former can never lose the right of abode status while the latter can lose it if they do not enter Hong Kong for a period of 36 months).[4] At the same time, a foreign national with the right of abode in Hong Kong has a preferential immigration status to a Chinese national without the right of abode in Hong Kong, as the former can remain in Hong Kong indefinitely, while the latter has to have his immigration status reassessed whenever his visa/permit expires.

Unconditional stay

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Persons with the "right of abode" or the "right to land" may enter Hong Kong without holding any visa and without having any condition of stay imposed upon them, and may not be subject to a removal order. In addition, no deportation order may be imposed on a person with the right of abode.[5][6] No visa or entry permit is required for holders of the following travel document:[7]

  1. Hong Kong Permanent Identity Card
  2. Hong Kong Identity Card with 'R' or 'U' code.[8]
  3. Hong Kong Special Administrative Region Passport
  4. British National (Overseas) passport[note 1] (Note: No longer recognized by the HKSAR government for immigration clearance and identification purposes only from 31 January 2021, which has no effect on the immigration status of BN(O) in Hong Kong.)[9]
  5. Hong Kong Certificate of Identity (all of which have expired by 30 June 2007)
  6. Hong Kong Re-entry Permit (for entry from China and Macao only)
  7. Hong Kong Seaman's Identity Book
  8. Hong Kong Document of Identity for Visa Purposes, provided that the document is valid or the holder's limit of stay in Hong Kong has not expired
  9. Any travel document bearing an endorsement stating either Holder's eligibility for Hong Kong permanent identity card verified or The holder of this travel document has the right to land in Hong Kong. (Section 2AAA, Immigration Ordinance (cap. 115, Laws of Hong Kong))

Visitor visa exemptions

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Nationals of the following countries as well as Macau permanent residents can enter Hong Kong without a visa for tourism or business-related purposes.[3][7] For business visits, they can undertake a limited range of business-related activities, namely "concluding contracts or submitting tenders, examining or supervising the installation/packaging of goods or equipment, participating in exhibitions or trade fairs (except selling goods or supplying services direct to the general public, or constructing exhibition booths), settling compensation or other civil proceedings, participating in product orientation, and attending short-term seminars or other business meetings". They are prohibited from taking up employment or study in the territory, or from "establishing or joining in any business".[2] The last provision means that non-residents may not commence operating a business while in Hong Kong, and thus will be refused permission for business registration by the Inland Revenue Department unless it can be proven that the business began operation while they were outside of Hong Kong.[10] However, the Companies Registry permits non-residents to incorporate limited liability companies and to be appointed as corporate directors (though not as corporate secretaries).[11]

Visa policy map

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Visa policy of Hong Kong
  Hong Kong
  May enter with Entry–Exit Permit for Hong Kong SAR or Macau SAR - Varies
  May enter with Mainland Travel Permit for Taiwan Residents - 30 days
  Visa-free - 180 days
  Visa-free - 90 days
  Visa-free - 30 days
  Visa-free - 14 days (India with online pre-registration)
  Visa-free - 7 days
  Visa required in advance

Visa exempt

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180 days (2)
  •   United Kingdom (British citizens only)
  •   Macau (Macau Permanent Residents only, regardless of nationality)
90 days (85)

1 - Not applicable to holders of Tongan National and Tongan Protected Person passports.
2 - Not applicable if holder's nationality is stated is I-Tuvalu.
3 - Except British citizens and British nationals (overseas).
4 - Not applicable to holders of American diplomatic passports.
5 - Not applicable to holders of passports issued under Decree 289/90.

30 days (27)

1 - Not applicable to holders of Costa Rican provisional passports and "Documento de Identidad y Viaje".
2 - Non-Permanent Residents holding Visit Permit for Residents of Macao to HKSAR.
3 - Not applicable to holders of Peruvian special passports.

14 days (34)

1 - Not applicable to holders of non-biometric passports.
2 - Pre-arrival Registration online (PAR) required for normal passport holders. Holders of diplomatic and official passports, UN laissez-passers, HKSAR Travel Passes, Hong Kong SAR visas as well as persons successfully registered for e-Channels and Indian nationals in transit who do not clear immigration are exempt.[12]
3 - Not applicable to holders of non-biometric passports and Serbian passports issued by the Serbian Coordination Directorate in Belgrade.
4 - Not applicable to holders of Vatican service passports.

7 days (1)
Unlimited access

Visitor visa exemptions for diplomatic or official passports only

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Holders of diplomatic or official passports issued by the following countries can enter Hong Kong without a visa for 14 days:[7]

Visa required nationals

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Visa required

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Stateless travel document holders and nationals of the following countries are required to possess a visa for any type of entry into Hong Kong (including as tourists), but are not required to have a visa to transit airside if they remain within the airport transit area:[7]

1 - except for holders of diplomatic or official passports. 2 - diplomatic passports only.

Transit visa required

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Nationals of the following countries are required to possess a visa for any type of entry into Hong Kong (including as tourists) and for transit airside (even if they remain within the airport transit area):[7]

1 - except for holders of diplomatic or official passports.

Mainland China, Macau, and Taiwan

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Special rules are in force for nationals of China and Taiwan who do not reside in Hong Kong.

Overview

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Nationality Residency Travel document Duration of stay
  People's Republic of China   Mainland China Exit-Entry Permit for Travelling to and from Hong Kong and Macau (Two-way Permit)[51]
 Varies, at least 7 days
Chinese passport 7 days (for transit to a third country only)
Permit for Proceeding to Hong Kong and Macao 7 years
Overseas Chinese passport 7 days (for transit to a third country only)
14 or 30 days for HKSAR Entry Permit holders

Varies for holders of digital entry permit issued by the Immigration Department of Hong Kong

  Macau Macau Permanent Resident Identity Card 180 days
Visit Permit for Residents of Macao to HKSAR 180 days (for permanent residents)
30 days (for non-permanent residents)
Macao Special Administrative Region passport
Macao Special Administrative Region Travel Permit 		7 days (for transit to a third country only)
  Republic of China   Taiwan Mainland Travel Permit for Taiwan Residents (Taiwan Compatriot Permit) 30 days
Taiwan passport 30 days (with pre-arrival registration)
None (Nationals without household registration) Chinese Travel Document Varies (HKSAR Entry Permit required)

Mainland China

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Chinese nationals with hukou in mainland China are required to obtain an entry permit from the Public Security Bureau for any type of visit to Hong Kong (Two-way Permit required for short visits and long visits), as well as an entry endorsement (similar to a visa) for the purpose of travel.[52]

Chinese nationals holding Permit for Proceeding to Hong Kong and Macao can only enter Hong Kong through Luohu Port. After entering, they can no longer return to the mainland. They can apply for Hong Kong Document of Identity for Visa Purposes, which is valid for 7 years. After that, they are eligible for permanent residency in Hong Kong and a HKSAR Passport.[53]

Holders of Chinese passports are granted a stay of 7 days providing they are transiting to a third country (including Macau and Taiwan).[52]

Chinese nationals residing in a third country may apply for the HKSAR Entry Permit, affixed on their Chinese passports, from Chinese diplomatic missions. The duration of stay is usually 30 days for 1 or 2 entries valid for 3 months or 14 days for multiple entries valid for 2 years.[54]

Chinese nationals residing in Macao or in a third country or Chinese nationals having permanent residency in another country residing in the mainland or overseas may apply for the digital entry permit issued by the Immigration Department of Hong Kong. The duration of stay varies and is usually 7 to 90 days.[55]

Macau

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Permanent residents of Macao can enter Hong Kong visa-free for a maximum period of 180 days solely with their Macao permanent identity card and Visit Permit for Residents of Macao SAR to Hong Kong SAR together with proof of Macao permanent resident status. Non-permanent residents of Macao can enter for up to 30 days if they hold a Visit Permit for Residents of Macao SAR to Hong Kong SAR.[52]

Holders of MSAR passports or MSAR Travel Permits are granted a stay of 7 days providing they are transiting to a third country.[52]

Republic of China (Taiwan)

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Since 27 April 2009, ROC nationals with right of abode in Taiwan ("right of abode" is defined as the eligibility of obtaining a Taiwanese National ID Card) holding a Mainland Travel Permit for Taiwan Residents may enter Hong Kong for up to 30 days without obtaining an entry permit in advance.[56]

Otherwise, a valid entry permit must be applied in advance. Previously only airlines and appointed travel agents are authorised to this application while a fee of HKD50 applies. Since 1 September 2012, ROC nationals with ROA in Taiwan may complete the application for Pre-arrival Registration (PAR) online, free of charge, if they fulfill the following criteria:[57]

  • were born in Taiwan or were born outside Taiwan but have been admitted to Hong Kong as a Taiwan resident before; and,
  • are not in possession of any travel document issued by other countries or regions (except Mainland Travel Permit for Taiwan Residents, and Entry Permit issued by the Immigration Department of Hong Kong). Those who do are not allowed to use their Taiwan passports for entry and instead will have to visit Hong Kong on the strength of their other passports.[58]

After the applicant has successfully registered for PAR, he or she will have to print out the "Notification Slip for Pre-arrival Registration for Taiwan Residents" and carry it when boarding the flight to Hong Kong. The applicant's Taiwan passport is then inspected, along with the notification slip, by an immigration officer. Each PAR is valid for two months from the day of registration and good for two trips to Hong Kong. The duration of each stay is 30 days.[59]

ROC nationals without right of abode in Taiwan (commonly known as nationals without household registration) are not eligible for entry permits issued by the HKSAR government, nor are they allowed to enter with their ROC passport. Instead, they are required to obtain a passport-like Chinese Travel Document and a HKSAR Entry Permit issued by the Chinese diplomatic missions overseas.[60]

ROC nationals who are in transit to a third country are exempt from obtaining an entry permit provided that they do not leave the airport transit area, regardless of whether they have right of abode in Taiwan.

Admission refused

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Entry and transit is refused to Kosovo passport holders, even if not leaving the aircraft and proceeding by the same flight.[61]

Since 31 January 2021, British National (Overseas) passport are no longer recognised as a legal travel document to enter or exit Hong Kong by the Hong Kong SAR government. Thus holders of BN(O) passport who have the Right of Abode or Right to Land Status Holder will have to use other document such as Hong Kong identity card for Hong Kong immigration clearance.[62]

Admission refused due political conflicts

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Since 2014, Hong Kong has refused some foreign politicians from entering the territory especially those from United States, Japan and Taiwan.

Since 2021, the Commissioner of the Immigration Department can request airlines to refuse specific passenger from entering to Hong Kong.

APEC Business Travel Card

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Holders of passports issued by the following countries who possess an APEC Business Travel Card (ABTC) containing the code "HKG" on the back of the card can enter visa-free for business trips for up to 60 days.[3]

ABTCs are issued to nationals of:[63]

ABTCs are also issued to nationals of China and Taiwan, however Chinese nationals residing in mainland China are subject to entry restrictions and cannot use the card to enter Hong Kong. Taiwanese nationals are also ineligible and are required to travel with a Mainland Travel Permit or a passport with pre-arrival registration.[64][65]

Types of non-visitor visas

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Persons without the right of abode or right to land in Hong Kong, regardless of their nationality, require visas if they wish to take up residence in the territory. Persons granted these visas become "non-permanent residents". Immigration Department policy places restrictions on the ability of nationals of Afghanistan, Cambodia, Cuba, Laos, Nepal, North Korea, and Vietnam to apply for most kinds of visas.

Employment, investment, and study visas

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Hong Kong has a number of visas issued for the purpose of allowing the holder to take up employment or employment-related training:

  • Employment as Professionals (EAP): subdivided into the Immigration Arrangement for Non-local Graduates (IANG, for non-local students who have received a degree in a Hong Kong tertiary institution), the General Employment Policy (GEP, for non-Chinese nationals as well as Chinese nationals who have resided outside mainland China for more than one year), and the Admission Scheme for Mainland Talents and Professionals (ASMTP, for Chinese nationals with household registration in mainland China). GEP and ASMTP entrants require permission from the Immigration Department to change employers; IANG entrants do not.[66]
  • Training: for periods of up to 12 months. Applications from Chinese nationals with household registration in mainland China are generally not entertained, unless the sponsoring company is multinational and well-established in Hong Kong.[67]
  • Working Holiday Scheme (WHS), allowing persons between the ages of 18 and 30 to come to Hong Kong for up to 12 months. There is an annual quota of visas, per nationality: Australia (5,000), Austria (100), Canada (200), France (750), Germany (300), Ireland (200), Japan (1,500), South Korea (1,000), New Zealand (400), and the United Kingdom (1,000); other nationalities are not eligible. Participants are required to adhere to the specific terms imposed on them based on their nationality.[68]
  • Employment as imported workers, also known as Supplementary Labour Scheme (SLS): for work at the "technician level or below". Change of employment not permitted. Employer must pay a HK$400/month levy for up to 24 months.[69]
  • Employment as domestic helpers: see foreign domestic helpers in Hong Kong.[70]
  • Descendants of Hong Kong residents who immigrated overseas, also known as Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents (ASSG): for children of Hong Kong permanent residents of Chinese descent. Applicants must be born "overseas" (i.e., in a country other than mainland China, Hong Kong, Macau or Taiwan), are between 18 and 40 years old at the time of application, and have acceptable education backgrounds as well as language skills. Admitted persons do not have any restrictions of stay other than time limitations, and are allowed to take any jobs or start businesses.[71] It is worth noting that certain people who fall into this category may already have right of abode or right to land in Hong Kong due to residual rules before 1997.

The immigration department also grants student visas for persons wishing to study in registered private (non-public, non-aided) primary and secondary schools, and for various types of study at the degree level (short courses, exchange programmes, and certificate or degree courses). Taiwanese and Chinese residents of mainland China and Macau (only for those who moved from mainland China and settled later than 14 January 1979) are only granted visas to study in tertiary-level courses, short-term studies or exchange programmes. Since the 2008/09 academic year, student visa holders in degree courses of more than a year's duration at tertiary institutions may take up short-term internships; other student visa holders are prohibited from taking up any employment at all.[72]

Other types of visas include the Capital Investment Entrant Scheme (CIES) visa (suspended since 15 January 2015), the Quality Migrant Admission Scheme (QMAS) visa, and the investment visa.[73]

Nationals of Afghanistan, Cuba and North Korea are not eligible for any of the visas listed above; nationals of Cambodia, Laos, Nepal and Vietnam are only eligible for CIES.[66][69][72][74][75]

Top Talent Pass Scheme

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In February 2023, the Secretary for Labour and Welfare, Chris Sun, revealed that the Top Talent Pass Scheme had approximately two thirds of all applicants come from mainland China.[76] Most of the rest of the "overseas" applicants still hold a mainland Chinese passport; sources estimated that up to 95% of all applicants have a mainland Chinese passport.[77] The program was announced in October 2022, with a "global drive".[78] In April 2023, Director of Immigration Au Ka-wang confirmed that 95% of all applicants were mainland Chinese, with only 3% of applicants coming from Canada, Australia, the United States, and Singapore.[79] In April 2023, Sun also commented that the program was popular among "foreign talent."[80] SCMP reported that 95% of approvals were also given to mainland Chinese.[81] On 30 June 2023, local media also confirmed that 95% of approvals were given to mainland Chinese; when asked about if the program was unattractive to foreigners, Sun said mainland Chinese "knew better about Hong Kong."[82]

After He Jiankui, a formerly jailed mainland Chinese citizen, was approved for the Top Talent Pass Scheme, Sun acknowledged that applicants do not need to declare their criminal history. Being asked by reporters about the case, Sun said that he would not make comments on individual cases, as this would "not [be] appropriate" for him. He Jiankui also said that despite being approved for the visa, he had no plans to move to Hong Kong.[83] After the incident, the government said that future applicants must declare their past criminal records.[84]

After multiple posts on mainland Chinese online platforms discussed using the visa to give birth to children in Hong Kong, which would give benefits such as right of abode and permanent residency to the children, government authorities warned that mainland Chinese women should not misuse the visa to give birth in Hong Kong.[85]

In July 2023, Sun announced that the government would consider allowing graduates from mainland Chinese universities which were not ranked in the top 100 to apply for the program.[82]

In September 2023, SCMP reported that out of five visas schemes to work in Hong Kong, more than 90% of those approved were from mainland China. Some industry experts, including the CEO of the Hong Kong General Chamber of Commerce, warned that more talent from outside of China was needed to maintain Hong Kong's international status, diversity, and creativity.[86]

In October 2023, local media interviewed approved Top Talent Pass Scheme visa holders, with some saying they did not plan to move to Hong Kong, and instead would use the visa as a backup option.[87] Other applicants have said that they would use the visa to travel to Hong Kong to eat and shop, rather than to work there.[88]

Dependent visas

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Persons on unconditional stay, as well as those granted visas for study, training, employment as professionals, investment, or under CIES or QMAS, may sponsor their spouse and dependent children under the age of 18 for entry into Hong Kong. Persons on unconditional stay may additionally sponsor elderly dependent parents who are over the age of 60. However, persons on unconditional stay cannot sponsor Chinese nationals with household registration in mainland China or Macau residents who immigrated to Macau through "channels other than the One-way Permit scheme" as dependents with few exceptions. Additionally, nationals of Afghanistan and North Korea are not eligible for dependent visas.[89] Dependent visa holders whose sponsor (parent or spouse, as the case may be) holds a study visa require prior permission from the Immigration Department to take up employment; other dependent visa holders may work or switch jobs without prior approval.[90]

Since 2018, Hong Kong Immigration Department grants dependent visas to same-sex couples registered abroad, as a result of a landmark ruling by the Supreme Court of Hong Kong.[91][92]

Visitor statistics

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Most visitors arriving to Hong Kong were from the following country or territory of residence:[93][94][95]

Country/Territory Total
2019 2018 2017 2016
  Mainland China 43,774,685 51,038,230 44,445,259 42,778,145
  Taiwan 1,538,915 1,925,234 2,010,755 2,011,428
  Macau 1,238,780 1,094,924 1,001,057 994,999
  United States 1,107,165 1,304,232 1,215,629 1,211,539
  Japan 1,078,836 1,287,773 1,230,010 1,092,329
  South Korea 1,042,540 1,421,411 1,487,670 1,392,367
  Philippines 875,897 894,821 894,489 791,171
  United Kingdom 518,378 572,739 555,353 551,930
  Australia 505,523 580,167 567,881 575,812
  Thailand 467,048 571,606 560,207 594,615
  Singapore 453,182 610,508 627,612 674,006
  Indonesia 375,781 427,007 482,022 464,406
  Malaysia 392,562 510,601 516,701 535,542
  India 337,997 386,681 392,853 480,906
  Canada 318,479 377,992 370,335 369,363
  Germany 217,779 226,819 225,183 226,594
  France 177,768 201,850 204,130 213,641
  Russia 138,679 161,916 148,098 142,664
  New Zealand 92,422 109,655 106,757 96,819
  Italy 89,783 92,671 104,933 105,317
  Netherlands 85,227 93,863 94,826 95,762
  Israel 69,269 77,010 74,943 64,403
  Spain 60,646 66,518 62,775 63,964
  South Africa 59,865 60,272 65,422 66,456
   Switzerland 52,414 58,475 60,215 61,693
  Brazil 48,500 49,097 50,047 48,657
  Vietnam 44,406 56,807 55,652 59,443
  Sweden 43,506 59,387 63,747 65,124
  Mexico 34,919 39,929 39,545 37,758
  Belgium 29,555 32,322 30,805 31,586
  Portugal 27,510 26,153 27,391 28,171
  Denmark 22,809 26,348 26,406 26,637
  Austria 22,136 30,324 31,212 26,784
  Finland 21,471 25,308 27,574 27,932
  Turkey 19,386 23,845 27,388 28,703
  Norway 18,303 22,935 21,777 22,095
  United Arab Emirates 16,031 18,383 16,838 20,050
  Argentina 13,081 15,989 18,349 16,615
  Saudi Arabia 8,881 11,255 13,179 18,491
  Jordan 8,693 10,422 11,208 10,703
  Egypt 8,580 10,941 12,865 17,380
  Venezuela 6,882 8,355 10,166 11,237
  Kuwait 2,859 3,548 3,441 4,262
  Honduras 1,208 1,404 1,373 1,318
  Bahrain 1,132 1,324 1,433 1,918
Total 55,912,609 65,147,555 58,472,157 56,654,903

See also

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Notes

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  1. ^ The United Kingdom, which issues BN(O) passports, no longer has authority to grant the right of abode in Hong Kong, which since 1997 is a territory of the People's Republic of China. However, in practice BN(O) is a status that was only ever granted to BDTCs "hav[ing] a connection" to British Hong Kong as defined in the Hong Kong (British Nationality) Order 1986, and as such all holders of BN(O) passports are persons who enjoyed the right of abode in Hong Kong before 1 July 1997, and under the Immigration Ordinance continue to enjoy the right of abode or right to land.

References

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  11. ^ Frequently Asked Questions: Incorporation of a Local Limited Company, Companies Registry, retrieved 2 August 2011
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Further reading

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Wikivoyage has a travel guide for Hong Kong.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Visa_policy_of_Hong_Kong&oldid=1252647448#Employment,_investment,_and_study_visas"