Written Evidence May. 20 2024
Inquiry: Defending DemocracyFound: DED0019 - Defending Democracy Committee for Freedom in Hong Kong Foundation Written Evidence
Asked by: Andrew Rosindell (Conservative - Romford)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if he will hold discussions with (a) HSBC and (b) Standard Chartered on taking steps to publish all communications between their organisations and the Hong Kong Mandatory Provident Fund Authority in the last three years.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The publication of such communications is ultimately a decision for Mandatory Provident Fund (MPF) trustees, who are regulated by the MPF Authority in Hong Kong. The Government firmly opposes the MPF’s discrimination against British National (Overseas) status holders (BN(O)s) and we will continue to urge the Hong Kong authorities and all relevant bodies to facilitate early drawdown of funds for BN(O)s as is the case for other Hong Kong residents who move overseas permanently. The conduct of UK banking institutions is not a matter for the Home Office, but I have asked my officials to raise this matter with HM Treasury.
Asked by: Neil Coyle (Labour - Bermondsey and Old Southwark)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what review his Department is undertaking of asylum applications by people from Hong Kong who have been involved in pro-democracy campaigns; and what his planned timescale is for that review.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The UK has a proud history of providing protection to those who need it with half a million individuals on humanitarian routes since 2015. All asylum claims admitted to the UK asylum system receive careful consideration. We will not remove anyone to their own, or any other country, where they would face persecution or serious harm.
Asylum decision makers carefully consider each claimant’s protection needs by assessing all the evidence provided by the claimant in light of published country information guidance. They receive extensive training on considering asylum claims and must follow published Home Office policy guidance. This includes any claims received from people from Hong Kong.
Those from Hong Kong may also be eligible for the Hong Kong British National (Overseas) (BN(O)) route which was launched following China’s imposition of the National Security Law in Hong Kong. To be eligible for the route, applicants must have BN(O) status, or be the eligible family member of someone with BN(O) status.
The Home Office is currently not undertaking a specific review into asylum applications by people from Hong Kong who have been involved in pro-democracy campaigns.
Asked by: Jim Shannon (Democratic Unionist Party - Strangford)
Question to the Foreign, Commonwealth & Development Office:
To ask the Minister of State, Foreign, Commonwealth and Development Office, if he will hold discussions with his Chinese counterpart on (a) ending transnational repression of and (b) the removal of bounties placed on Hong Kong pro-democracy activists living in the UK.
Answered by Anne-Marie Trevelyan - Minister of State (Foreign, Commonwealth and Development Office)
We continue to make clear with the Hong Kong and Chinese authorities our strong objection to the National Security Law, and attempts to apply it extraterritorially. That extends to the decisions by the Hong Kong National Security Police to issue arrest warrants and bounties for activists living in the UK in 2023. We will not tolerate any attempts to intimidate, harass or harm individuals or communities in the UK. On 17 December, the Foreign Secretary called on the Chinese authorities to repeal the National Security Law and end the prosecution of all individuals charged under it. On 16 February the Foreign Secretary met with Chinese Foreign Minister Wang Yi at the Munich Security Conference and unambiguously set out the UK's position across a number of areas of disagreement, including on Hong Kong. The National Security Law has no authority in the UK and we have no active extradition agreement with Hong Kong or China.
Asked by: Alistair Carmichael (Liberal Democrat - Orkney and Shetland)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, if he will make representations to (a) HSBC and (b) other UK-based pension providers to accept early withdrawal requests from Hong Kongers on the British National (Overseas) visa scheme who intend to obtain an indefinite leave to remain in the UK.
Answered by Bim Afolami - Economic Secretary (HM Treasury)
Ministers engage regularly with the UK financial sector on a range of issues. The root of the problem is the Chinese Government's decision not to recognise the BN(O) passport as a valid identity document in Hong Kong. The UK firmly opposes the discrimination of BN(O)s in this way. We continue to urge the Hong Kong authorities to facilitate early drawdown of funds as is the case for other Hong Kong residents who move overseas permanently.
Asked by: Alexander Stafford (Conservative - Rother Valley)
Question to the Foreign, Commonwealth & Development Office:
To ask the Minister of State, Foreign, Commonwealth and Development Office, what recent assessment he has made of the safety of British National (Overseas) passport holders in Hong Kong.
Answered by Anne-Marie Trevelyan - Minister of State (Foreign, Commonwealth and Development Office)
Under an exchange of Memoranda to the Sino-British Joint Declaration, British National (Overseas) (BN(O)) passport holders are eligible for consular assistance in third countries, but not in Hong Kong, Macao or mainland China. Where we have humanitarian or human rights concerns about the treatment of BN(O) passport holders in Hong Kong, Macao or mainland China, we can lobby the relevant authorities, raise issues in international fora and demonstrate our political support. For example, on 8 March, we raised the alleged treatment of Andy Li at the UN Human Rights Council. Our diplomats in Hong Kong regularly attend court to observe a number of national security cases, including for Jimmy Lai's, the NSL 47 and others. On 16 February, the Foreign Secretary raised prosecutions under the National Security Law with his Chinese counterpart, Foreign Minister Wang Yi at the Munich Security Conference.
Asked by: Alexander Stafford (Conservative - Rother Valley)
Question to the Foreign, Commonwealth & Development Office:
To ask the Minister of State, Foreign, Commonwealth and Development Office, what diplomatic support his Department provides to British National (Overseas) passport holders in Hong Kong.
Answered by Anne-Marie Trevelyan - Minister of State (Foreign, Commonwealth and Development Office)
Under an exchange of Memoranda to the Sino-British Joint Declaration, British National (Overseas) (BN(O)) passport holders are eligible for consular assistance in third countries, but not in Hong Kong, Macao or mainland China. Where we have humanitarian or human rights concerns about the treatment of BN(O) passport holders in Hong Kong, Macao or mainland China, we can lobby the relevant authorities, raise issues in international fora and demonstrate our political support. For example, on 8 March, we raised the alleged treatment of Andy Li at the UN Human Rights Council. Our diplomats in Hong Kong regularly attend court to observe a number of national security cases, including for Jimmy Lai's, the NSL 47 and others. On 16 February, the Foreign Secretary raised prosecutions under the National Security Law with his Chinese counterpart, Foreign Minister Wang Yi at the Munich Security Conference.
Asked by: Jim Shannon (Democratic Unionist Party - Strangford)
Question to the Foreign, Commonwealth & Development Office:
To ask the Deputy Foreign Secretary, what discussions his Department has had with international partners on civil liberties in Hong Kong.
Answered by Anne-Marie Trevelyan - Minister of State (Foreign, Commonwealth and Development Office)
The UK continues to act as a convening power, bringing together our international partners to stand up for the people of Hong Kong, to call out violations of their rights and freedoms, and to hold China to its international obligations. That includes through the G7 and the Media Freedom Coalition. On 20 March, the UK raised Hong Kong's new national security legislation (Article 23) at the UN Human Rights Council, setting out our view that it will further erode rights and freedoms in the city.
Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government whether they plan to review the status and privileges granted to the Hong Kong Economic and Trade Office in London in the Hong Kong Economic and Trade Office Act 1996.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
The Hong Kong Economic and Trade Office Act 1996 provides the Hong Kong Economic and Trade Office with certain privileges and immunities in line with the Vienna Convention on Consular Relations for the purposes of furthering economic and trade interests. We currently have no plans to replace this legislation.
Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Home Office:
To ask His Majesty's Government whether they intend to examine the efficacy of the Nationality, Immigration and Asylum Act 2002 in dealing with hostile elements in the United Kingdom who owe political allegiance to the People’s Republic of China and pose a risk to those who have fled Hong Kong; and whether they will consider strengthening the legislation to address these concerns.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
Any attempt by any foreign power to intimidate, harass or harm individuals or communities in the UK will not be tolerated. Where we identify activity that threatens individual's rights, freedoms, and safety we are front footed in deploying all the tools available to us including, where appropriate immigration action, to mitigate this.
As you would expect we keep our legislative framework under constant review and update it where appropriate based on the latest information and intelligence.
The National Security Act 2023 brings together vital new measures to protect our national security and ensure our law enforcement and intelligence agencies have everything they need to respond to the full range of modern-day state threats, including those that may emanate from Hong Kong and China.