British Overseas Passport Holders in Hong Kong

Heather Wheeler Excerpts

Wednesday 29th January 2020 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mrs Heather Wheeler)]

It is a pleasure to serve under your chairmanship, Sir George, and I apologise for being 10 seconds late. I am grateful to my hon. Friend the Member for Wimbledon (Stephen Hammond) for securing this important debate. I am also grateful for the contribution of my hon. Friend the Member for St Austell and Newquay (Steve Double). I will try to respond to all the points raised.

Before I address the current situation in Hong Kong, and the implications for those with British national overseas status, it is important to set out the obligations of the UK Government towards Hong Kong citizens with British national overseas status, and where those obligations derive from. BNO status was created in 1985 for people in Hong Kong who would lose their British dependent territory citizenship in 1997, when sovereignty passed from Britain back to China. This status had to be acquired before 30 June 1997, so it is not possible to gain BNO status now. The BNO passport replaced the British dependent territories citizens’ passport. Provisions relating to the creation of BNO status were part of the package of agreements made at the same time as the joint declaration. The status entitled Hong Kong citizens to continue to use passports issued by the UK Government. BNO status does not pass to the holders’ children.

As of October 2019, there were just over 250,000 BNO passport holders, out of an estimated 2.9 million people with BNO status. Individuals with BNO status are entitled to British consular assistance in third countries, but not in Hong Kong, mainland China or Macau. BNO status holders are also entitled to visa-free access to the UK for up to six months as a visitor. However, they do not automatically have a right to remain in the UK beyond that period, and nor do they have access to public funds. Those with BNO status require entry clearance when coming to work, study or live in the UK.

Regarding former members of the Hong Kong armed services who have not received an offer of a British passport, the Government are extremely grateful to those who served in the Hong Kong military service corps. They carried out their duties with the same sense of pride and professionalism as any other British Army regular unit. They are rightly invited to take part in the Cenotaph parade for Remembrance Sunday every year. Under the British nationalities selection scheme, which was introduced in 1990 and ran until 1 July 1997, a limited number of Hong Kong military service core personnel who were settled in Hong Kong could apply to register as British citizens. The Home Office is listening to representations made on behalf of former Hong Kong military service core personnel who were unable to obtain citizenship through the selection scheme.

While BNO status is not contained within the joint declaration itself, it was established as part of the delicate balance in the negotiations that led to the Sino-British joint declaration. Full and continued respect for the provisions in the joint declaration are crucial to the future stability and prosperity of Hong Kong, and to the rights, freedoms and autonomy of its people. It is a legally binding treaty, registered at the UN. It remains in force. As a co-signatory, we have a legal interest in ensuring that China stands by its obligations. The UK Government will continue to monitor its implementation closely.

We want to see the joint declaration upheld in its entirety. We are not therefore seeking to change any one part of the package. We expect China to live up to its obligations under the joint declaration and, as a permanent member of the UN Security Council, to its wider international human rights law obligations.

Hon. Members have discussed whether the rights of those with BNO status should be altered following the recent protests in Hong Kong. Our position is clear: we believe that the best outcome for people with BNO status is for them to be able to enjoy the high degree of autonomy, rights and freedoms enshrined for Hong Kong in the joint declaration. BNO status was part of the delicate balance and negotiations that were conducted, which were concluded at the time of the joint declaration. The delicate balance reflected in that package needs to be respected. That is why we believe it would not be right to change the legal status of those with BNO status at this time, but they will have our full support in exercising the rights they have as part of their status.

The UK Government continue to take their moral and political obligations towards Hong Kong very seriously. The political situation and protests in Hong Kong are a matter of serious concern to us all. We are absolutely clear that a political solution can only come from within Hong Kong. That requires two urgent steps to be taken: first, a full and credible independent inquiry into the events of the last several months; and secondly, a process of meaningful political dialogue in which all sides engage in good faith.

We have worked intensively over recent months to support a positive resolution to the protests, and to uphold the joint declaration. We continue to engage with the Chinese and Hong Kong authorities. My right hon. Friend the Foreign Secretary has raised these matters directly with the Chief Executive of Hong Kong, Carrie Lam, and with the Chinese Foreign Minister and State Councillor, Wang Yi. He also summoned the Chinese ambassador in November.

Senior officials have reiterated our messages during regular engagement with their counterparts in Hong Kong, Beijing and London. Ministers and officials also continue to raise our concerns internationally, including at the UN General Assembly and the Human Rights Council.

[Stephen Hammond]

I understood the Minister’s point about the delicate balance and that this is not the time to change any aspect of the joint declaration. However, she said that the UK Government are determined to protect the rights of BNO status holders under the joint declaration. Could she set out now—or she could write to me—how exactly the Government intend to do that in a practical way?

[Mrs Wheeler]

I will get to the end of my speech and if the answer is not there I will write to my hon. Friend with pleasure.

The Government will continue to listen to the concerns of BNO status holders. It is crucial that their rights and freedoms, as well as those of other Hong Kong residents, are upheld. We remain seriously concerned about the situation in Hong Kong, and we remain committed to seeing the joint declaration upheld. It contains the commitment that Hong Kong’s high degree of autonomy, rights and freedoms must remain unchanged for at least 50 years.

We will continue to work with international partners to ensure that China stands by these obligations. The undertakings made by China to uphold free speech and an independent judiciary are essential to Hong Kong’s prosperity and way of life. They are the best way of guaranteeing Hong Kong’s future success and stability, for all the people of Hong Kong, including BNO status holders, and that is something we all want to see.

Question put and agreed to.