### Chinese Nationality (Miscellaneous Provisions) Ordinance 《中國國籍(雜項規定)條例》

1. Short title
(Amended E.R. 5 of 2018)(1) This Ordinance may be cited as the Chinese Nationality (Miscellaneous Provisions) Ordinance.
(2)-(3) (Omitted as spent—E.R. 3 of 2015)

2. Interpretation
(1) In this Ordinance, unless the context otherwise requires—
Chinese national (中國公民) has the same meaning as in the Nationality Law, as implemented in the Hong Kong Special Administrative Region in accordance with the Explanations;
Chinese nationality (中國國籍) has the same meaning as in the Nationality Law, as implemented in the Hong Kong Special Administrative Region in accordance with the Explanations;
Director (處長) means the Director of Immigration;
Explanations (《解釋》) means the Explanations of Some Questions by the Standing Committee of the National People’s Congress Concerning the Implementation of the Nationality Law of the People’s Republic of China in the Hong Kong Special Administrative Region, as adopted at the 19th meeting of the Standing Committee of the National People’s Congress at the 8th National People’s Congress on 15 May 1996;
nationality application (國籍申請) means an application made under or pursuant to or for the purposes of any of the provisions of the Nationality Law, as implemented in the Hong Kong Special Administrative Region in accordance with the Explanations;
Nationality Law (《國籍法》) means the Nationality Law of the People’s Republic of China, as applied in the Hong Kong Special Administrative Region under the Promulgation of National Laws 1997 (L.N. 379 of 1997).
(2) In the Schedule, a reference to an Article is a reference to an Article contained in the Nationality Law.

3. Nationality applications
(1) Subject to subsection (2), a nationality application may be made to the Immigration Department by giving to the Director a notice in writing in such form and containing such particulars as he may specify either generally or in any particular case.
(2) No nationality application made under subsection (1) shall be processed unless—
(a) in the case of an application specified in column 2 of the Schedule, the fee or the applicable fee or fees, as the case may be, specified opposite thereto in column 3 of the Schedule have been paid to the Government; and
(b) the requirements (if any) prescribed under section 6 in respect of the application have been complied with.

### Chinese Nationality (Miscellaneous Provisions) Ordinance 《中國國籍(雜項規定)條例》

4. Offences
Any person who in connection with any nationality application—
(a) furnishes any information which he knows to be false or misleading, or does not believe to be true, in a material particular; or
(b) produces any deed, instrument or record which he knows to be false or misleading, or does not believe to be true, in a material particular,
commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

5. Decisions in exercise of discretion
(1) Subject to subsection (2), where in connection with any nationality application any discretion may be exercised under or pursuant to any of the provisions of the Nationality Law, as implemented in the Hong Kong Special Administrative Region in accordance with the Explanations—
(a) the discretion shall be exercised without regard to the race, colour or religion of any person who may be affected by its exercise; and
(b) any decision to approve or refuse the nationality application in the exercise of the discretion shall not be subject to appeal to, or review in, any court, and there shall be no need to assign any reason for the decision.
(2) Nothing in this section affects the jurisdiction of any court to entertain proceedings of any description concerning the rights of any person under the Nationality Law.

6. Regulation
The Director may by regulation—
(a) prescribe the requirements to be complied with in respect of any nationality application or of any class of nationality applications;
(b) make such provisions as the Director may consider requisite or expedient for the better carrying out of any of the provisions of the Nationality Law, as implemented in the Hong Kong Special Administrative Region in accordance with the Explanations, and of the provisions of this Ordinance.

7. Amendment of Schedule
The Chief Executive in Council may by order amend the Schedule.

### Hong Kong Special Administrative Region Passports Ordinance 《香港特別行政區護照條例》

1. Short title
(Amended E.R. 5 of 2018)(1) This Ordinance may be cited as the Hong Kong Special Administrative Region Passports Ordinance.
(2) (Omitted as spent—E.R. 5 of 2018)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
applicant (申請人), in relation to—
(a) an application under section 3(1), means the person who will be the holder of the passport if the application is granted; and
(b) an application under section 5(1) or 6, means the holder of the passport;

Chinese citizen (中國公民) means a person of Chinese nationality under the Nationality Law of the People’s Republic of China, as implemented in the Hong Kong Special Administrative Region in accordance with the Explanations of Some Questions by the Standing Committee of the National People’s Congress Concerning the Implementation of the Nationality Law of the People’s Republic of China in the Hong Kong Special Administrative Region adopted at the 19th meeting of the Standing Committee of the National People’s Congress at the 8th National People’s Congress on 15 May 1996;
Director (處長) means the Director of Immigration; 
holder (持有人), in relation to a passport, means the person in whose name the passport has been issued;
passport (護照) means a Hong Kong Special Administrative Region Passport issued by the Director under section 3;
permanent resident of the Hong Kong Special Administrative Region (香港特別行政區永久性居民) means a person who belongs to a class or description of persons specified in Schedule 1 to the Immigration Ordinance (Cap. 115).

3. Issue of passport
(1) Subject to this Ordinance, the Director may upon an application for a passport issue a passport to the applicant.
(2) The Director shall not issue a passport to the applicant unless the applicant has satisfied all of the following conditions—
(a) he is a Chinese citizen;
(b) he is a permanent resident of the Hong Kong Special Administrative Region; and
(c) he is a holder of a valid permanent identity card as defined in section 1A of the Registration of Persons Ordinance (Cap. 177).