Uncertainty is mounting for Australian-Hong Kong citizens after the territory confirmed overnight that Hong Kong residents with dual nationality would no longer be entitled to foreign consular assistance.
In an apparent policy shift that implements an existing but not enforced Chinese law, it would mean a person who holds both Hong Kong and Australian citizenship would no longer be able to call on Australia for help if they ran into trouble in the territory.
For Theresa*, a dual Australian-Hong Kong national who lives in Hong Kong, it has left her worried.
She fears the long arm of the territory’s controversial national security law.
“Living in Hong Kong, we can foresee this kind of thing might happen someday,” she told SBS News, speaking on the condition of anonymity.
“But there is confusion. How would this happen? When would it happen? And what are the choices?”
Australia updates travel advice
No Hong Kong official has publicly addressed whether an order has been made to more strictly enforce the nationality rules, but the city’s chief executive Carrie Lam confirmed the shift in policy on Tuesday night.
“That [law] has a very specific provision that where people [who] have foreign nationality or right of abode elsewhere are regarded as Chinese nationals in Hong Kong,” Ms Lam told reporters.
“Unless [dual nationals] have renounced and have been approved to renounce their foreign nationality, they are regarded as Chinese nationals in Hong Kong so they will not be eligible for consular protection.”
The British government had already updated its travel advice on Monday, warning UK citizens that Hong Kong does not recognise dual nationality and consular assistance there may be limited.
On Wednesday afternoon, the Australian government’s travel advice for Hong Kong on its Smartraveller website and email notifications was also updated.
“Dual citizenship is no longer recognised in the Hong Kong Special Administrative Region following the application of the Nationality Law of the People’s Republic of China,” it states.
“As previously advised, Hong Kong’s national security law could be interpreted broadly and you could break the law without intending to. If you’re concerned about the new law, reconsider your need to remain in Hong Kong.”
“You may be at increased risk of detention on vaguely defined national security grounds. The maximum penalty under this law in Hong Kong is life imprisonment. The Australian government can’t intervene in the Hong Kong judicial process.”
It advises dual nationals to travel on their Australian passport, stating “The Australian government may be unable to help if you’re a dual national and you don’t travel on your Australian passport”.
“Hong Kong law allows dual nationals of Chinese descent to register their Australian nationality with the [Hong Kong] immigration department. If you’re travelling to mainland China, use your Australian passport. However, if local authorities consider you a citizen of China, they may refuse to grant you access to Australian consular services. This will prevent the Australian government from providing you with those services.”
The advice additionally states: “We continue to advise: Do not travel to Hong Kong due to the health risks from the COVID-19 pandemic and the significant disruptions to global travel.”
Last month, Canadian officials also expressed concern after the government there was notified of a Canadian dual-national prisoner in Hong Kong being required to choose a single nationality.
The Canadian foreign affairs department told SBS News it was aware of other such incidences involving dual nationals of other countries.
“Canada has expressed its concern to the Hong Kong government and continues to seek additional information from local authorities on any changes to the treatment of dual nationals,” said Christelle Chartrand, a spokesperson from Global Affairs Canada.
The Australian Department of Foreign Affairs and Trade (DFAT) has not responded to questions from SBS News about Hong Kong’s policy change or about whether the Australian government is aware of any similar cases affecting its dual nationals to those reported by Canada.
How did we get here?
Under Chinese law, dual nationality is not recognised in Hong Kong and authorities are not legally required to grant consular access to those who retain dual passports.
Beijing’s top lawmaking body set these regulations in Hong Kong in 1996, a year before Hong Kong’s handover by Britain. But the rules have not been previously enforced, according to foreign diplomats and legal experts.
Hong Kong is home to 100,000 Australian passport holders.
Getty Images
Hong Kong is home to 300,000 Canadian, 100,000 Australian, and 85,000 American passport holders – many of them dual nationals.
“In the past, if you have dual nationality, if you run into trouble, you can still enjoy the consulate protections in practice, but things have changed now,” said Eric Cheung, a legal academic at the University of Hong Kong.
What could this mean?
Immigration Lawyer, Jessica Williamson said the policy shift could have profound implications.
“People are going to have to make choices potentially about where they live their lives.
“Long-term, that’s going to have implications for businesses, for families, and, you know, really change the course of a lot of people’s lives.”
For Theresa, it’s another sign the ‘one country, two systems’ way of governing in Hong Kong – which is set to expire in 2047 – is already evaporating.
“As Hong Kong people, we would be quite disappointed because this promise cannot last to the end,” she said.
Last month, the United Kingdom began offering extended visas to holders of British National (Overseas) passports.
Beijing responded by announcing it would no longer recognise the BNO passport as a valid travel document from the end of January.
*Name has been changed.
