Hongkongers in the UK: Visas, Security and Services

Seema Malhotra Excerpts

Thursday 17th October 2024 Westminster Hall

[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.

--- Later in debate ---

[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.