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Written Question
Pensions: Hong Kong
Thursday 25th January 2024

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.


Written Question
Jimmy Lai
Wednesday 24th January 2024

Asked by: Lord Alton of Liverpool (Crossbench - Life peer)

Question to the Foreign, Commonwealth & Development Office:

To ask His Majesty's Government whether they have plans to issue a public statement in response to targeting by the government Hong Kong's of (1) Benedict Rogers of Hong Kong Watch, (2) Luke de Pulford of the Inter-Parliamentary Alliance on China, and (3) Bill Browder of the Global Magnitsky Justice Campaign, by alleging involvement with the case of British citizen Jimmy Lai.

Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)

Jimmy Lai's case is a priority for the Government. The Foreign Secretary has called for his release and has urged the authorities to end their prosecution and repeal the National Security Law. We continue to engage with the Chinese and Hong Kong authorities on his case and have raised our opposition to the inclusion of British nationals in the prosecution's case. We are offering support to the British nationals who have been named.


Written Question
British National (Overseas): Pensions
Wednesday 24th January 2024

Asked by: Fabian Hamilton (Labour - Leeds North East)

Question to the Home Office:

To ask the Secretary of State for the Home Department, whether he has had recent discussions with (a) HSBC and (b) Standard Chartered on the impact of their policies on not recognising the British National (Overseas) passport as a valid document on the ability of Hong Kongers with a British National (Overseas) passport to access their pensions.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

We are aware of the difficulties British National (Overseas) (BN(O)) status holders are experiencing in seeking early withdrawal of their pension held by the Mandatory Provident Fund in Hong Kong. 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 Government firmly opposes the discrimination of BN(O)s in this way and will continue to urge the Hong Kong authorities and all relevant bodies to facilitate early drawdown of funds 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.


Written Question
British National (Overseas): Pensions
Wednesday 24th January 2024

Asked by: Sarah Champion (Labour - Rotherham)

Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 13 December 2023 to Question 5408, if he will publish his Department's communications with the Hong Kong authorities on facilitating early drawdown of pension funds.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

The UK firmly opposes the discrimination that British National (Overseas) (BN(O)) status holders are facing in applying for early withdrawal of their pension funds held by the Mandatory Provident Fund (MPF) in Hong Kong.

All representations to the Hong Kong authorities have been made via the Foreign, Commonwealth and Development Office or the Department for Business and Trade.


Written Question
Visas: British National (Overseas)
Wednesday 17th January 2024

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 plans his Department has to consider mitigating factors such as imprisonment under the National Security Law for Hong Kong citizens applying for British National (Overseas) visas.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

Applicants to the British National (Overseas) (BN(O)) route must have no serious criminal convictions, have not otherwise engaged in behaviour which the UK Government deems not conducive to the public good, or be subject to other general grounds for refusal set out in the Immigration Rules. However, we recognise that every case has its individual circumstances therefore caseworkers have flexibility to ensure that those who have custodial sentences for crimes which are not recognised as such in the UK are not automatically refused on the BN(O) route.

In most cases, a person with a pending asylum claim can make an application to the BN(O) route. Recent changes ensure that a person who has been placed on immigration bail due to a pending asylum claim will not have their application to the BN(O) route refused solely for that reason. To make a successful application, applicants will need to meet all the other requirements of the route.


Written Question
Asylum: Hong Kong
Wednesday 17th January 2024

Asked by: Neil Coyle (Labour - Bermondsey and Old Southwark)

Question to the Home Office:

To ask the Secretary of State for the Home Department, whether he plans to allow Hong Kongers who are being processed as asylum seekers to apply for BNO visas at the same time.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

Applicants to the British National (Overseas) (BN(O)) route must have no serious criminal convictions, have not otherwise engaged in behaviour which the UK Government deems not conducive to the public good, or be subject to other general grounds for refusal set out in the Immigration Rules. However, we recognise that every case has its individual circumstances therefore caseworkers have flexibility to ensure that those who have custodial sentences for crimes which are not recognised as such in the UK are not automatically refused on the BN(O) route.

In most cases, a person with a pending asylum claim can make an application to the BN(O) route. Recent changes ensure that a person who has been placed on immigration bail due to a pending asylum claim will not have their application to the BN(O) route refused solely for that reason. To make a successful application, applicants will need to meet all the other requirements of the route.


Written Question
Immigration: Hong Kong
Wednesday 17th January 2024

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 steps the Government is taking to help protect Hong Kong (a) asylum seekers and (b) BNO visa holders who have settled in the UK from the Hong Kong authorities.

Answered by Tom Tugendhat - Minister of State (Home Office) (Security)

The Government continually assesses potential threats in the UK, and takes protection of individuals’ rights, freedoms, and safety very seriously.

We will not tolerate any attempts by the authorities of Hong Kong or China, or any other country to intimidate and silence individuals in the UK and overseas. The UK will always defend the universal right to freedom of expression and stand up for those who are targeted.

DLUHC, Home Office and FCDO regularly engage with a wide range of British Nationals Overseas (BN(O)) community groups. While it is our long-standing policy not to provide detailed information on security and intelligence matters, where we identify individuals at heightened risk, we are front footed in deploying protective security guidance and other measures as appropriate.

Furthermore, The Defending Democracy Taskforce is reviewing the UK’s approach to transnational repression to ensure we have a robust and joined up response across government and law enforcement.


Written Question
British National (Overseas): Pensions
Monday 15th January 2024

Asked by: Catherine West (Labour - Hornsey and Wood Green)

Question to the Foreign, Commonwealth & Development Office:

To ask the Minister of State, Foreign, Commonwealth and Development Office, whether he has had recent discussions with his international counterparts on the withholding of mandatory provident funds in Hong Kong from British National (Overseas) passport holders.

Answered by Anne-Marie Trevelyan - Minister of State (Foreign, Commonwealth and Development Office)

We are aware that individuals who have chosen to take up the British Nationals (Overseas) Visa (BN(O)) route are having difficulties in accessing their pensions held in the Hong Kong Mandatory Provident Funds (MPF). The root of the problem is the Chinese Government's decision not to recognise the BN(O) passport. 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. I raised this issue with the Hong Kong Secretary for Financial Services and the Treasury on 18 April 2023 and pressed for a pragmatic solution. The Investment Minister, Lord Johnson, raised the matter with Hong Kong's Commercial Secretary, during his visit to Hong Kong in May 2023.


Written Question
Jimmy Lai
Monday 15th January 2024

Asked by: Iain Duncan Smith (Conservative - Chingford and Woodford Green)

Question to the Foreign, Commonwealth & Development Office:

To ask the Minister of State, Foreign, Commonwealth and Development Office, whether he has made recent representations to his Chinese counterpart on (a) the naming of the former Consul General to Hong Kong, Andy Heyn, during the trial of Jimmy Lai and (b) the labelling of Bill Browder and Luke de Pulford as co-conspirators in the same proceedings.

Answered by Anne-Marie Trevelyan - Minister of State (Foreign, Commonwealth and Development Office)

Jimmy Lai's case is a priority for the Government. The Foreign Secretary has called for his release and has urged the authorities to end their prosecution and repeal the National Security Law. We continue to engage with the Chinese and Hong Kong authorities on his case and have raised the inclusion of British nationals by the prosecution. UK diplomats carry out their duties overseas in accordance with the Vienna Conventions on Diplomatic and Consular Relations.


Written Question
Jimmy Lai
Monday 15th January 2024

Asked by: Iain Duncan Smith (Conservative - Chingford and Woodford Green)

Question to the Foreign, Commonwealth & Development Office:

To ask the Minister of State, Foreign, Commonwealth and Development Office, if he will make an assessment of the implications for UK diplomatic representation in (a) China and (b) Hong Kong of the naming of a British Consul General in Hong Kong by the prosecution in the trial of Jimmy Lai.

Answered by Anne-Marie Trevelyan - Minister of State (Foreign, Commonwealth and Development Office)

Jimmy Lai's case is a priority for the Government. The Foreign Secretary has called for his release and has urged the authorities to end their prosecution and repeal the National Security Law. We continue to engage with the Chinese and Hong Kong authorities on his case and have raised the inclusion of British nationals by the prosecution. UK diplomats carry out their duties overseas in accordance with the Vienna Conventions on Diplomatic and Consular Relations.