The Immigration Department today clarified that there is no change in the rules on the loss of Hong Kong permanent resident status for non-Chinese Hong Kong permanent residents.

Enacted on July 1, 1997 with no subsequent changes, the Immigration Ordinance stipulates that Hong Kong Special Administrative Region permanent residents of non-Chinese nationality will lose their permanent resident status if they have been absent from Hong Kong continuously for not less than 36 months since they ceased to have ordinarily resided in the city.

In determining whether they are no longer ordinarily Hong Kong residents or are only temporarily away from Hong Kong, the department will take into consideration all circumstances of each case in accordance with section 2(6) of the ordinance. The factors include the reason, duration and frequency of any absence from Hong Kong; whether they have habitual residence in Hong Kong; whether they are employed by a Hong Kong-based company; and the whereabouts of their principal family members.

For Hong Kong SAR permanent residents of Chinese nationality, unless the department has approved their application for renouncing Chinese nationality or declaring nationality change, they will still be regarded as Chinese citizens even if they have been absent from Hong Kong for long, the department added.