The United Kingdom recently launched a specific visa scheme, allowing Hong Kong residents to migrate and potentially apply for British citizenship. This initiative surfaces following the imposition of a national security law by China on Hong Kong. The law was introduced to restrict any future protests akin to those in 2019, effectively giving China the power to override the Hong Kong government’s authority. The UK’s latest move has been dubbed the most generous welcome to foreign workers since the EU’s expansion in 2004, when 10 countries joined the bloc.
Background Details: Implementation of National Security Law
Since July 2020, post-implementation of the national security law, the British government has already permitted around 7,000 individuals from Hong Kong to move to its shores. However, these immigration permissions were not granted through the new visa scheme, but rather on compassionate grounds. In response to the law, Australia, Britain, and Canada have all suspended their extradition treaties with Hong Kong.
Specifications of the Special Visa Scheme
The newly launched visas will be issued to British National (Overseas) passport holders residing in Hong Kong and their immediate dependents, offering them a fast track to UK citizenship. Successful applicants can live and work in the UK for 5 years before applying for permanent settlement. After an additional year, they can apply for citizenship.
The Cause: National Security Law
China’s implementation of the new national security law is seen as a significant threat, as it could impose China’s arbitrary and opaque criminal system onto Hong Kong’s common law system. The act stands as a breach of the Basic Law, the mini-constitution defining relations between Hong Kong and Beijing, China’s capital.
Provisions of the National Security Law
Under the new law, crimes of secession, subversion, terrorism, and collusion with foreign forces bear a maximum sentence of life imprisonment. Damaging public transport facilities can be categorised as an act of terrorism. Those convicted will not be allowed to stand for public office. The law also mandates the establishment of a security office in Hong Kong, staffed with its own law enforcement personnel, independent of local authority jurisdiction.
UK and China Stance
The UK has declared the imposition of this security law as “a serious and clear breach of the Sino-British Joint Declaration”. However, China has criticised the UK’s move, disregarding it, stating that Hong Kong had returned to China 24 years ago. They have also mentioned that they would no longer recognise BN(O) passports as the citizenship offer severely infringes on China’s sovereignty.
Hong Kong’s Handover From Britain to China
Formerly a British colony, Hong Kong was handed over to mainland China in 1997, becoming one of its Special Administrative Regions (SAR). The region is governed by the Basic Law affirming the principle of “one country, two systems”. This constitutional document is a product of the 1984 Sino-British Joint Declaration, where China promised to honour Hong Kong’s liberal policies, governing system, independent judiciary, and individual freedom for 50 years from 1997.
Looking Ahead
The current visa regime facilitates the evasion of secretive, authoritarian, and coercive Chinese actions under the national security law by Hong Kong residents. However, achieving long-term solutions requires arbitration and conciliation among all stakeholders. The national security law threatens Hong Kong’s position as an East Asian trading hub and, along with the UK’s action, invites widespread global criticism for Beijing, which is already accused of withholding crucial information related to the Covid-19 pandemic.