Debate Excerpts: Stephen Hammond vs Steve Double

British Overseas Passport Holders in Hong Kong

Debate between Stephen Hammond and Steve Double

Wednesday 29th January 2020

(4 years, 3 months ago)

Westminster Hall

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Stephen Hammond (Wimbledon) (Con)

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I beg to move,

That this House has considered the rights of British overseas passport holders in Hong Kong.

It is a pleasure to speak under your chairmanship, Sir George. I am motivated to raise this issue because, like many in the House and across the country, I have heard expressions of concern about the situation in Hong Kong and because of what we saw in the protests last year. Like many of my colleagues, I have been contacted by a number of constituents who have views on the subject but also have relatives in Hong Kong. We in this country believe that the right to peaceful protest is a fundamental political right, and it should be defended anywhere in the world. It is therefore not surprising that a number of colleagues and I have expressed shock about examples of aggression towards peaceful protesters.

I am pleased that the Foreign Secretary spoke in defence of the right to lawful and peaceful protest in Hong Kong and that that has been raised with both the Chinese and Hong Kong Governments. I am also pleased that the Government are intent on defending the principle of one country, two systems, as set out in the Sino-British declaration. That is a live international treaty, which is binding in international law; it is not a mere historic document, as some have tried to suggest. As a party to that treaty, it is a responsibility for Members of this House and for the Government to speak out when we see it at risk of being eroded. It is not just that treaty that binds the UK to Hong Kong; it is hundreds of years of shared history and ongoing cultural, economic and political links that make us stakeholders in its freedom and prosperity.

There are more than 300,000 full British citizens in Hong Kong. About 120 British companies have their regional headquarters there, and another 200 have regional offices. Hong Kong ranks consistently as one of our top export markets, helped by its ranking as one of the world’s freest economies in the index of economic freedom. Finally, many of our top judges sit or have sat on the Hong Kong court of final appeal, strengthening the rule of law.

It is not, and should not be, just about history. I was fortunate enough to lead a parliamentary visit to Hong Kong some two years ago, where we were all struck by the vibrancy and potential of the economy. In the context of global Britain, it is hugely important to ensure that Hong Kong remains one of the freest economies so we can have ongoing economic and cultural links.

We must speak up in this House when the rights and freedoms of people in Hong Kong are under threat. That duty is surely strongest towards the nearly 250,000 people who have British national overseas passports—BNO passports, as they are commonly known—as they chose to continue their links to our country after 1997. The status was created in the run-up to the handover of Hong Kong from British to Chinese rule. Individuals with that nationality are British nationals and Commonwealth citizens, but they are not British citizens, so they do not have the right of abode in the UK or the same rights accorded to UK citizens. They enjoy visa-free travel to the United Kingdom as a visitor, with a maximum of six months’ leave to enter. Should a BNO passport holder wish to live and work in the UK more permanently, they would be subject to the same immigration rules as any normal applicant.

The limited power of the BNO passport, coupled with the recent situation in Hong Kong, has led to vocal calls from some colleagues in the House, and in Hong Kong, for the rights of BNO passport holders to be strengthened and revisited.

Steve Double (St Austell and Newquay) (Con)

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I congratulate my hon. Friend on securing this important debate. As he may be aware, in the last Parliament I presented a petition signed by several hundred BNO passport holders from Hong Kong calling for a review of their rights under the BNO scheme and for them to be granted consular access to gain the support they need in Hong Kong in the current situation. Does he agree that we should look again at the support we are providing through the consulate to BNO passport holders?

Stephen Hammond

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My hon. Friend makes two important points. First, he strengthens the point I was beginning to make: in the last Parliament a number of colleagues raised real concerns about the rights of BNO passport holders and called for those rights to be strengthened. He also talks about consular access, which I intend to raise later in my speech—the Minister will not be surprised about that.

As I was saying, there has been a call for BNO passport holders’ rights to be strengthened. There are two strands to that argument. First, as the Foreign Affairs Committee pointed out in November, there is a fear that BNO passport holders may become more vulnerable to arrest by authorities in the context of the well-documented arrests of pro-democracy demonstrators. Secondly, there are concerns about fairness. While I understand the unique nature of the colonial administration in Hong Kong and the handover to China, comparisons are drawn with the status of citizens of other former colonies. There are also concerns about those who have served in the British Army having no right to retain British citizenship or at least to reside in the United Kingdom.

I recognise, as I do many people who have raised this issue with the Foreign Secretary, the Minister and indeed the Prime Minister, that this is an extremely delicate area where the rights of individuals, historical and cultural links, live protests and ongoing diplomacy must be balanced. Therefore, I wish to air with the Minister some of the concerns raised, which she should be familiar with, and to try to get from her a view on some of those issues and on how the Government see the way forward.

The Foreign Affairs Committee recommended that

“the Government extends the right of abode to Hong Kong residents who are British National (Overseas) passport holders as a means of reassurance that the UK cares about its nationals.”

Of course, that could be achieved through a change to the immigration rules, which could allow for factoring in and adjustment of the financial and work requirements. It could also lay down provisions for family members of primary applicants. If the Foreign Office and the Government believe that full residency rights are not appropriate, perhaps a more flexible means of consideration or category of immigration entry for BNO passport holders could be considered. That could mirror the provisions for EEA nationals or set out shorter residency periods before BNO holders can obtain indefinite leave to remain. I understand that the Government are concerned that that may breach obligations under the joint declaration, but, as the Minister will know, many take a different view, arguing that such amendments do not grant a full right of abode. I would welcome the Minister’s view on that.

Alternatively, the Government could seek a more humanitarian approach—a differing, graduated or nuanced humanitarian approach—to the issue. Professor Guild of Queen Mary University of London suggested that any BNO holders in the UK who might be at risk, be considered at risk or perceive themselves to be at risk on return to the territory could be granted an extension of stay by the Home Office. There is potential for the Home Office to use graduated definitions and criteria of asylum for BNO passport holders should the protests or aggression be seen to recommence.

Finally, I hope that the Minister will provide some clarity about the point raised by my hon. Friend. While BNO passport holders are British nationals and Commonwealth citizens, as they are not British citizens the right of consular access is usually granted only in exceptional circumstances. I—and, I think, many colleagues—would like her view on what the Government’s policy might be on granting consular access to those with BNO passports.

In the aftermath of the immediate situation, some argue that there should be a conversion to full British citizenship. I am not sure that I regard that as a practical solution to the current situation, or in the long term. It would require a lengthy legislative process, raise some consequential questions for people holding British overseas territories citizenship and potentially breach the spirit of the UK’s obligations under the joint declaration. I recognise the problems with that route.

I hope that the Minister will set out her thoughts on the other issues I have raised, in the context of colleagues’ concerns that these are British nationals. While we speak up for the right to protest for anyone around the world, we have a special obligation towards these individuals.

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