Hong Kong: Political Situation

Lord Craig of Radley Excerpts

Tuesday 29th September 2020 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, the UK has already suspended the extradition treaty with Hong Kong and applies the same rules to China. On Magnitsky sanctions, as I have said before, I will not speculate on future sanctions.

[Lord Craig of Radley (CB) [V]]

My Lords, how many of the 2.9 million BNO passport holders have responded to the offer of an immigration visa? Have the Government reached a decision on the Hong Kong Military Service Corps veterans’ appeal to be granted full British citizen passports, which was first raised six years ago, or replied to the 64 individual veterans’ applications sent to the Home Secretary in March?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the first question, this is an ongoing process. I do not have a specific figure, nor do I think it would serve a specific purpose. The scheme is open to all 2.9 million and we will continue to support any applications. On the point about former military personnel, as the noble and gallant Lord knows, a proportion of the Hong Kong Military Service Corps hold British dependent territory citizen status. That now translates to BNO status. On his wider point about those who remain, officials continue to have discussions with Home Office colleagues.

Hong Kong

Lord Craig of Radley Excerpts

Tuesday 21st July 2020 Lords Chamber

[Lord Ahmad of Wimbledon [V]]

My Lords, I assure my noble friend that we are working in that context with all our partners in the G7 and at the UN. We are also working with Commonwealth nations such as Australia, New Zealand and Canada, which are supportive of the UK Government’s position.

[Lord Craig of Radley (CB) [V]]

My Lords, will the loyal veterans of Her Majesty’s Hong Kong Military Service Corps still living in Hong Kong, who have long petitioned Her Majesty’s Government for the right of abode in the UK, be granted this now? Will their request for full British passports, which all other members of the corps retained before 1997, be agreed, in line with the statutory provision for fairness in the military covenant?

[Lord Ahmad of Wimbledon [V]]

My Lords, the noble and gallant Lord has raised this issue consistently and regularly both with me and with my noble friend the Minister of State at the Home Office. Since our last exchange, I have written to the Home Office and I am awaiting a reply. When I receive one, I will update the noble and gallant Lord accordingly.

Hong Kong National Security Legislation

Lord Craig of Radley Excerpts

Thursday 2nd July 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My noble friend is quite right to raise this issue. We continue to work through the UN Security Council, where, as she may know, this issue was specifically discussed in May. As I have already alluded to, we have discussed and agreed a statement this week in the context of the UN, through its Human Rights Council. There is also the statement and support that we have received from the G7. It is important that democracies come together. We will continue to work in this regard to ensure that the UK fulfils its obligations to those in Hong Kong, while respecting that we still believe that the agreement signed should remain in force for the period intended, which was 50 years.

[Lord Craig of Radley (CB) [V]]

My Lords, does this welcome BNO announcement include the 64 Hong Kong Military Service Corps veterans who applied for right of abode in March, and who, with other corps veterans, have had applications under active consideration in the Home Office for over five and a half years, without a decision? Does the Minister agree that these loyal veterans who served in Her Majesty’s Armed Forces deserve priority approval now, and that their wish for a full British citizen’s passport, which other corps veterans received before 1997, should be met?

[Lord Ahmad of Wimbledon]

My Lords, I agree with the noble and gallant Lord about the importance of this. I am sure I speak for all noble Lords in paying tribute to those who have served our country and fought for it so bravely. Since the last time we discussed this matter, I have asked for a specific update from the Home Office; I will write to him specifically on the 64 corps members he has mentioned. On the wider issue of prioritisation, as I said earlier, BNO status is granted to all those who qualify, which is 2.9 million, irrespective of their status—the issue of salaries was raised previously—or what they may do. This is open to everyone, and that process will be announced in detail by my right honourable friend the Home Secretary.

China

Lord Craig of Radley Excerpts

Wednesday 17th June 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My noble friend raises an important point about the responsibilities that China has. I assure him that we will push on that, not just through the contact group but through bilateral conversations with key partners. He will acknowledge that we remind China that the imposition of the proposed law in Hong Kong is in direct conflict with its international obligations under the joint declaration. As my noble friend knows, that treaty has been agreed by the UK and China, and registered with the United Nations. We will continue to push on that. My right honourable friend the Foreign Secretary has made clear the actions that we will take if China continues to persist in imposing this law.

[Lord Craig of Radley (CB) [V]]

My Lords, on 2 June, at Hansard col. 683, the Foreign Secretary said that the Government would provide BNO citizens in Hong Kong with a “pathway to citizenship” if China enacted its new security legislation. For over four and a half years, the Home Office has been “actively”—to use its word—considering applications for right of abode for veteran members of Her Majesty’s Armed Forces living in Hong Kong. Will Her Majesty’s Government now honour their obligation to these veterans under the military covenant?

[Lord Ahmad of Wimbledon]

This is a point that the noble and gallant Lord has raised before and one on which he continues to campaign, and I pay tribute to him. We have made very clear our position on BNOs. I will take back his specific point on those who have served in Her Majesty’s Armed Forces and will write to him with an update on the matter. I share his sentiments in this respect.

Hong Kong: Covid-19

Lord Craig of Radley Excerpts

Thursday 19th March 2020 Lords Chamber

[Lord Craig of Radley (CB)]

My Lords, I too welcome and thank the noble Lord, Lord Pendry, for giving us the opportunity to speak about problems facing the citizens of Hong Kong. Others have dealt with Covid-19. I will concentrate on a separate, much longer-standing issue. Responding on 8 January to the gracious Speech, I spoke about the unanswered request to Her Majesty’s Government from some veterans of the Hong Kong Military Service Corps. I will outline this issue.

Over five years ago, some 300 members of this group made requests for right of abode in the United Kingdom. The Home Office was initially dismissive, on the grounds that they were all locally enlisted and employed and so not even eligible for consideration. This assertion was inaccurate. These individuals were employed by the United Kingdom Government, serving full-time in Her Majesty’s Armed Forces and not employed by the Hong Kong Government. Their service took some of them to the United Kingdom or to jungle training in Borneo. Others served in UNFICYP in 1990-91 when they replaced UK servicemen required to take part in the first Gulf conflict. They are rightly categorised by the MoD as veterans of Her Majesty’s Armed Forces, so should benefit from the undertaking of fair treatment in the military covenant.

In January 2016, our Home Office Minister—then the noble Lord, Lord Bates—in answer to a Written Question agreed

“to undertake a thorough assessment of the request that this group are offered right of abode in the United Kingdom”.

Since that date over four years ago, in spite of a series of further written and oral requests from Members of both Houses, there has been no resolution or agreement by the Government, merely a depressing series of responses, some even just repeats in the cut-in-paste manner saying that the matter was being carefully considered and a decision would be made as soon as practicable.

In my speech on 8 January, I described this, after four years without resolution, as repetitive indecision syndrome. Since then I have tabled two Questions for Written Answer. The first, on 3 February, received yet another indecisive reply. The second, tabled on 2 March, specifically asked when the assessment—started over four years ago in January 2016—would be completed. Another non-answer, just received, said,

“we continue to actively consider representations made on behalf of those former Hong Kong Military Service Corps”.

It seems that the Home Office does not wish to say yes, but will not say no. Maybe it is fearful of a judicial review, but is such indecision really fit for purpose?

The original 300 possible applicants have now been reduced in number by deaths and by some deciding to emigrate to Canada, Australia or elsewhere. There are now just 64. I have received copies of their applications, with a request that I forward them to the Home Secretary for consideration and decision. I am happy to do so. Indeed, I have them here in this envelope, addressed to the Home Secretary. Tomorrow they should be on her desk.

It is instructive to look back to a debate in this House on 20 January 1986 on the nationality provisions of the Hong Kong Act 1985. The issue of nationality of veteran servicemen was raised by several speakers, in particular Lord MacLehose, who was Governor of Hong Kong for over 10 and a half years:

“This brings me to the case of the veterans … At the end of this long era of British rule inevitably there are some debts to be paid. The legislative councillors say that this is such a debt. I am sure that they are right. I think the question of precedent or of opening up claims from elsewhere can be greatly overstated. It is just a matter of definition, and I suspect that the numbers will be found to be small … we must bear in mind the very special arrangements that we made in this respect for Gibraltar and the Falkland Islands. If exceptions can be made for them, surely an exception can be made for these people. In this case it is the gesture and the recognition of our responsibility that is so important, and I hope the gesture can be made.” —[Official Report, 20/1/1986; col. 91.]


The Minister winding up then acknowledged the strength of feeling across the House on this issue. After outlining some perceived complexities, he said:

“We shall need to look into these in a great deal more detail before we can say whether it would be appropriate or possible to meet the ex-servicemen’s request. But … I can assure your Lordships that we shall give this the most careful consideration.”—[Official Report, 20/1/1986; col. 102.]


That similar self-serving, evasive wording is still used today, 34 years on. The Government might argue that by grouping this cohort with those employed in the Hong Kong Disciplined Services, with the chance for some to be granted British citizenship among the negotiated figure of 50,000, they discharged their obligations. Some veterans did benefit, but it was wrong to group them with Hong Kong government employees. They were uniquely members of Her Majesty’s Armed Forces. It is not fair that some benefited but others did not.

Under the military covenant, now is the time to correct this unfairness and allow the 64 members I mentioned earlier to be treated equally and fairly to right of abode. I have instanced the favourable treatment over nationality of Gurkhas who served in Her Majesty’s forces. That 1986 debate drew attention to a similar treatment of Gibraltarians and Falkland Islanders. Far from setting a precedent by granting these veterans’ requests, there seem to be several precedents already set, and the numbers are minimal. As Lord MacLehose so pointedly said, to act fairly in this would be a recognition of our national responsibility. So, will the Home Office and the Government now cure themselves of repetitive indecision syndrome, prove their fitness for purpose, and bring this decades-long issue to resolution?