Hongkongers in the UK: Visas, Security and Services

Jim Shannon Excerpts

Thursday 17th October 2024 Westminster Hall

[Blair McDougall (East Renfrewshire) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Vickers. I congratulate my hon. Friend the Member for Altrincham and Sale West (Mr Rand) on securing this debate.

Before I was elected, I worked with dissidents, democrats and human rights defenders, including many in the territory of the People’s Republic of China. Earlier this week, along with the hon. Member for Carshalton and Wallington (Bobby Dean), I was elected to chair the all-party parliamentary group on Hong Kong, and like the hon. Member for Farnham and Bordon (Gregory Stafford) I am a member of IPAC. These issues have always been of political interest to me, but since my election they have also become constituency issues. As with many other Members, many of the 144,000 Hongkongers who have come to join us in this country have decided to settle in my constituency of East Renfrewshire, and in particular in Newton Mearns. They always say three things: first and foremost, that they are delighted to be here; secondly, that they wish the weather were better in Scotland—

[Jim Shannon (Strangford) (DUP)]

So do we!

[Blair McDougall]

We do.

Thirdly, those Hongkongers say that, although they are now living in a free country, they are not living free from fear. It is little wonder, given that in Glasgow we had a similar story to the one the hon. Member for Carshalton and Wallington recounted: there were reports of a secret police station being run in the basement of the Loon Fung Chinese restaurant. Like the previous Government, this Government have made it clear on many occasions that such oppression on British soil is not acceptable, but I would be interested to hear what more can be done and whether we can keep under review the diplomatic privileges given to organisations such as the Hong Kong Economic and Trade Office to ensure they are not used as organs of transnational repression.

My hon. Friend the Member for Bermondsey and Old Southwark (Neil Coyle) asked what extra support can be given to make diaspora groups serving Hongkongers in the UK more resilient to that repression. In addition, can work be done to come up with an accepted definition of “transnational oppression”? This debate is about Hongkongers, but autocrats are increasingly reaching beyond their own borders, so this issue affects many other diaspora groups.

Other Members mentioned Jimmy Lai, and his case rests on all our consciences. He is a 77-year-old man whose health is failing, and he is in solitary confinement in a Hong Kong jail, in the baking heat. He has been denied independent medical access and consular access, and is facing a life sentence after a trial without a jury. That case rests heavily on the minds of Hongkongers, who are unsure whether they will be able to access consular assistance if something goes wrong. I urge the Minister to address that and assure Hongkongers, including BNOs, that by default they will be treated as British nationals for the purpose of consular assistance.

I echo the concerns other Members have mentioned about electronic travel authorisation. The assumption that if someone has had a custodial sentence of more than 12 months they would be refused such an authorisation particularly worries Hongkongers, because if someone has been a political prisoner—or they are one of the more than 1,000 political prisoners still in Hong Kong— the average sentence is far longer than 12 months. It would make it far harder for them to flee here if they needed to.

What I and other hon. Members are asking the Minister today is about the principle that Hongkongers are British, and because they are British they deserve the same protections, privileges and opportunities as any British citizen. That has a wider symbolic importance for us, as well. We are engaged in a global struggle between autocrats and liberal democracies. The people of Hong Kong stood up and said what side of that battle they were on. For all the brutality and repression they face, we have to show that we as a country will continue to stand beside them, and that we have clearly chosen a side in that global struggle.

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to serve under your chairship for the second or third time this week, Mr Vickers. I also congratulate the hon. Member for Altrincham and Sale West (Mr Rand) on setting the scene so well. By pursuing this debate he has given us all an opportunity to make a contribution in support of his thoughts. It is a pleasure to follow the hon. Member for East Renfrewshire (Blair McDougall), and I look forward to many more debates together.

I have long been an advocate for the people of Hong Kong, and for their right to live in Hong Kong without bowing the knee to China. The outrageous actions by the Chinese Government have ripped through the Sino-British joint declaration. I say this with great respect, but I believe that our lack of fulsome responses embolden the Chinese, as has been exemplified by the fact that the Chinese continue to break international treaties. I still believe that diplomatic action should be taken, but that is not the focus of today’s debate.

I welcomed and supported the Conservative Government’s approach, and I am pleased to see the shadow Minister, the hon. Member for Hamble Valley (Paul Holmes), in his place. He, I and others in this Chamber supported the BNO visa, and have welcomed the 150,000 Hongkongers who have used it, some of who came to my constituency. I welcome the Minister to her place; she and I have been friends for many years on the Back Benches where we warmed the seats regularly. She is now a Minister and I wish her well; I look forward to her answers to the points we will make.

The visa for the Hongkongers allows them to come to our shores and live a life free from oppressions. They have indefinite leave to remain and qualify for permanent residency after five years, and British citizenship after six years. It is right and proper that we offer them a way of escape, and that is exactly what it is. It is a chance for some freedom and liberty.

I want to put on record, as the Library briefing outlines, that a single adult can apply for a five-year BNO visa and would pay £250 application fee and an immigration health surcharge of £5,175. The visa gives people permission to come and live in the UK with few restrictions, and it also gives them access to most benefits, tax credits and housing assistance paid by the state. I put that on record because it is my opinion that this is the bare minimum, and that we must enhance their ability to apply for help with, for example, home fee status or student finance in England, Wales and Northern Ireland, for which their third level students are currently ineligible. I ask the Minister whether we can review that. I know that she is eager to help, and I am sure she will do her best to come back with something positive.

Security concerns remain for Hongkongers living in the UK. The right hon. Member for Orkney and Shetland (Mr Carmichael) is not here, but he made that point clearly in his intervention. Reports of police service stations have been made. I have been contacted by some constituents about their safety in Northern Ireland, and I have made the police in my constituency of Strangford aware of that. People from other constituencies in Northern Ireland have contacted me to say that their phones are being tapped. My constituent came with all the evidence, and the PSNI became involved.

People have concerns about their family back home in Hong Kong, and because they have family they are conscious that whatever they do or say, the Chinese authorities—or whoever it may be—are keeping a tab on them. They believe that this is operating in Belfast, and the evidence seems to prove that. I chair the all-party parliamentary group for international freedom of religion or belief, and I will give another example of an incident that happened this year. Statements that the APPG put out were hacked. I do not understand technology and am very old school—pens and pencils are my method—but they reworded articles that asked questions about the actions of the Chinese, and turned them into favourable pieces on the APPG website. We took the necessary action to knock that on the head.

That shows that there is an evidential base for Chinese intrusion into every bit of life, for anybody that happens to have a different opinion or expresses it in a different way. Those who believe themselves to be under scrutiny most likely are.

I fully support the hon. Member for Altrincham and Sale West prioritising this issue in his role as an MP. I support the calls for greater support for those people who understandably feel, and which has been evidentially proved, that they have been abandoned and left at the mercy of the Chinese. We can all say with great honesty that mercy and the Chinese Communist party are two alien concepts—they do not usually go together. We must do more. I look to the Minister to begin to do more today and I say to her that we are here to support her in those efforts.

--- Later in debate ---

[Jim Shannon]

At last week’s business questions, I brought attention to Jimmy Lai and the fact that he was denied his religious liberty. He was denied the Eucharist as a devout, practising Roman Catholic. That is how far China is prepared to go. There is an example of what the hon. Gentleman is talking about—he is absolutely right.

[David Pinto-Duschinsky]

I thank the hon. Member for his point. Absolutely—Mr Lai’s treatment is appalling. I welcome the Prime Minister’s words yesterday in the Chamber about the way he will hold China accountable for that, alongside engagement.

I am also incredibly proud of the way in which my community in Hendon and communities across the UK have welcomed new arrivals from Hong Kong. In Hendon, we have a large and growing Hong Kong population, particularly in Colindale. It adds so much to the life of our community, but those people have some serious concerns, as many others have expressed. I shall not echo in great detail the points that others have excellently made, but many of my constituents face great difficulty in accessing their savings and their futures through the MPF, and local financial institutions are not doing enough to help.

Similarly, the hon. Member for Carshalton and Wallington (Bobby Dean) made an incredibly important point about the recognition of qualifications; that is a real challenge for people in Hendon. We have also talked about access to public services, which includes everything from getting a national insurance number to finding schools, and about BNO status and ETAs.

The point I would like to rest on is that of transnational repression. The hon. Member for Carshalton and Wallington mentioned overseas police stations, one of which was allegedly identified in my constituency. It is completely unacceptable that people in this country face surveillance, repression and threat simply for exercising their democratic rights—and that extends to the treatment of Members of this place.

Time is tight, so I will finish by echoing the points already made and by urging the Government to do what China has not: renew our covenant with the people of Hong Kong. I thank the Minister for her work on this issue.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)]

It is a pleasure to serve under your chairship, Mr Vickers. I congratulate my hon. Friend the Member for Altrincham and Sale West (Mr Rand) on securing the debate, which has given rise to powerful speeches by hon. Members from all parties.

Members have spoken up for their constituents and about their experiences and I will try to address as many of the points made as possible. Many issues were covered, whether that was the BNO visa route, security issues at home and in Hong Kong, pensions, home university fees, democratic freedoms, police stations and more.

I also thank the Front-Bench speakers, the hon. Members for Sutton and Cheam (Luke Taylor) and for Hamble Valley (Paul Holmes), for their contributions. The issue has had cross-party support in the past, and I am sure we will continue to work in that spirit in support of Hongkongers in the UK and those who may come here in the future.

I am sure that my hon. Friend the Member for Altrincham and Sale West will recognise that I may not be able to address all the issues raised today. Some of these complex matters need cross-departmental work, whether that is with the Foreign, Commonwealth and Development Office, the Ministry of Housing, Communities and Local Government or the DFE. I hope that I will cover most of the issues in my comments today, but I assure all hon. and right hon. Members that we will look at all the issues raised. I also pay tribute to the work of Hong Kong Watch and others in sharing their experience and research.

As my hon. Friend the Member for Altrincham and Sale West will be aware, the Government are deeply committed to supporting members of the Hong Kong community who have relocated to the UK. I think I speak for all of us when I say that Hongkongers have become an integral part of our economy and local communities, and make fantastic contributions to our national life.

I will speak first about the Hong Kong BNO visa route. The route was established in 2021 in response to the imposition of the national security law in Hong Kong, which significantly impacts the rights and freedoms of people in Hong Kong. The BNO route reflects the UK’s historic and moral responsibility for and commitment to the people of Hong Kong. Since its launch, more than 209,000 people have been granted a BNO visa, of whom more than 150,000 have arrived in the UK. Those Hongkongers are free to live, work and study in virtually any capacity on a pathway to British citizenship. I am sure we will welcome many more Hongkongers to the UK in future so that they can also build a new life for themselves here.

[Jim Shannon]

In my contribution, I asked about students across Scotland, Wales, Northern Ireland and here in England, as well—the Minister may be coming to it, but if she is not, I hope she will. I underlined that there is a clear issue relating to students from Hong Kong having the same opportunities as those who are born here. I urge the Minister to give us an answer on that.

[Seema Malhotra]

I thank the hon. Gentleman, and will come on to that point.

I will deal first with questions around the expansion of the BNO route, in particular to people born between 1979 and 1997. A number of Members have suggested that the BNO route should be expanded to include those who were children at the point of Hong Kong’s handover to China in 1997 but whose parents did not register them for BNO status. The BNO route reflects the UK’s historic commitment to those who chose to retain their ties to the UK by taking up BNO status, and we continue to uphold those commitments. Those not eligible for the BNO route need to consider other available UK immigration routes, for example as a student, graduate or skilled worker. I am sure that Members will understand that I am unable to make any policy commitments in this forum, but I want to give assurances that I will take their comments away and consider the points that have been raised today.

I will also address the point about criminality. The standard immigration rules on criminality and other adverse behaviours apply to applications through the BNO route. However, all applications are carefully assessed against the latest country information, and guidance for caseworkers provides flexibility to ensure that overseas convictions for offences—particularly those not recognised in the UK—do not result in the automatic refusal of an application. I am aware of the concerns of those applying through the BNO route, and of the risk of their being refused on suitability grounds because of a conviction for what I think we can describe as politically motivated or trumped-up criminal charges in Hong Kong. I assure hon. Members that I am keeping the issue under review.

On the question of access to services, I thank hon. Members for their comments about the Government’s welcome programme, which we have remained committed to and which is now entering its fourth year of funding. That very important programme enables Hongkongers to access support on a range of issues, including employment, education, housing and the English language. It helps them seek employment, build skills and learn more about life in the UK so they can play a bigger part in their local communities.

As the shadow Minister said, there is currently £1 million of funding for voluntary and community-sector organisations to deliver projects focused on employability and mental health and wellbeing. The Growth Company has been funded to deliver the Jobs for Hongkongers initiative, which will help BNOs in England find employment. I am aware of other good examples. The hon. Member for Carshalton and Wallington (Bobby Dean) talked about a scheme, and I would be interested to hear more about how those local initiatives are working.

International fees are a concern for those on the BNO route, who can study and work in virtually any capacity. Generally, to be eligible for student support, home fee status and fee caps, a student must have settled status in the UK, and ordinarily they must have been resident in the UK for three years prior to the start of their course. The majority of BNO status holders will be able to qualify for home fee status and student finance once they have obtained settlement in the UK, subject to meeting the normal eligibility requirements. The eligibility criteria apply to all students, except persons granted international protection by the Home Office, but I have heard what hon. Members have said today.

On the Mandatory Provident Fund, hon. Members raised the very serious matter of the estimated £3 billion of funds alleged to have been frozen. We know that individuals who have chosen to take up the BNO visa route have difficulty drawing down early their pensions held in the Hong Kong Mandatory Provident Fund. Although documentary requirements for withdrawing funds early are a matter for the Hong Kong authorities, the Foreign, Commonwealth and Development Office has raised the issue directly with the Hong Kong Government and the Mandatory Provident Fund Schemes Authority. We have urged them to facilitate the early drawdown of funds, as is the case for other Hong Kong residents who move overseas permanently, and we have made it clear that such discrimination against BNOs is unacceptable. I will certainly keep that under review.

On security, we take the protection of Hongkongers’ rights, freedoms and safety in the UK very seriously, and we continue to assess potential threats in the UK. We work closely across Government, as well as with the relevant agencies and law enforcement bodies, to protect persons identified as being at risk and ensure the UK is a safe and welcoming place for those who choose to settle here. I want to be clear that attempts by foreign Governments to coerce, intimidate or harm critics overseas are unacceptable. Freedom of speech and the other fundamental rights of all people in the UK are protected under domestic law, regardless of nationality. We will challenge where we must to protect our national security and values. We are also working to improve the UK’s capability to understand and respond to the challenges and opportunities that China poses through an audit of the UK’s relationship with China as a bilateral and global actor.

It is also worth saying in response to the cyber-security issues that have been raised that the National Security Act 2023 gives the police new powers to protect the public from these malign threats, including those actions that amount to transnational repression—I take the point about the need for a clear definition. The Act brings together vital new measures to protect the UK’s national security, creating a whole suite of measures to enable our law enforcement, security and intelligence agencies to deter, detect and disrupt the full range of modern state threats.

[Jim Shannon]

Will the Minister give way?

[Seema Malhotra]

I am conscious of time and I want to make a couple of final points before wrapping up.

A concern was raised about whether there were plans to shut down the Hong Kong Economic and Trade Office, but its status is enshrined in primary legislation and there are no plans to change that framework.

On Jimmy Lai, we continue to call on Hong Kong authorities to immediately release British national Jimmy Lai. Mr Lai’s case, as has been mentioned by the Prime Minister this week, is a priority for the Government. The Foreign Secretary raised Jimmy Lai’s case in his first meeting with China’s Foreign Minister at the Association of Southeast Asian Nations summit in July. We continue to raise his case. UK diplomats from our consulate general in Hong Kong continue to attend his court proceedings on a regular basis and will continue to do so when the trial resumes in November. We are deeply concerned about the allegations about his treatment in prison and have sought reassurances on appropriate medical treatment.

I again thank my hon. Friend the Member for Altrincham and Sale West for securing the debate, and all hon. Members for their contributions. It has been an incredibly important, thoughtful and well-informed debate. It is important that we take this opportunity to reaffirm this Government’s commitment to the people of Hong Kong and to the BNO route, which provides long-term safety and stability for Hongkongers in the UK.