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BRIEFING PAPER

Number CBP 8939, 15 June 2020

British National (Overseas) status

By Melanie Gower

Contents: 1. Background to British

National (Overseas) status 2. Calls to extend BN(O)

immigration and citizenship rights

3. Other citizenship schemes available to Hong Kong residents before handover

2 British National (Overseas) status

Contents Summary 3

1. Background to British National (Overseas) status 5 1.1 Relevant legislation 5

Applying for BN(O) status 6 How many people have BN(O) status? 6

1.2 What immigration and citizenship rights does BN(O) status confer? 6 Grounds for acquiring British citizenship 7

2. Calls to extend BN(O) immigration and citizenship rights 9 2.1 Government policy until late May 2020 9 2.2 Recent developments: A new visa route for BN(O)s 10

How might this work in practice? 11 Reaction in Parliament 12

3. Other citizenship schemes available to Hong Kong residents before handover 15

3.1 Hong Kong Citizenship Selection Scheme 15 3.2 Hong Kong war widows 16 3.3 Non-Chinese ethnic minorities 16

Cover page image copyright New-blue-passport by Paul Widnes. Licensed under CC BY-SA 4.0 / image cropped.

3 Commons Library Briefing, 15 June 2020

Summary

This briefing provides an overview of the background to British National (Overseas) status and what rights it gives under British nationality and immigration laws; previous government responses to calls to extend holders’ rights in the UK; and the government’s recent announcement on the possibility of offering a new visa route to enable them to come to live, work and study in the UK.

The Library briefings on Hong Kong: the Joint Declaration (July 2019) and Hong Kong in 2019 (November 2019) might also be of interest.

Who has British National (Overseas) status?

The British National (Overseas) – ‘BN(O)’ - status was created as part of the arrangements relating to the handover of sovereignty of Hong Kong on 1 July 1997. It caters for people who, prior to the handover, had British Dependent Territories Citizenship (BDTC) through a connection with Hong Kong.

Put briefly, Hong Kong BDTCs lost that status on 1 July 1997. However, in the ten years leading up to the handover, they could apply for the newly created BN(O) status. It is no longer possible to apply to become a BN(O).

Although there was an entitlement to be registered, BN(O) status was not conferred automatically. Those eligible had to submit an application. Successful applicants were issued with a British passport describing them as BN(O)s. They were not issued with a stand-alone certificate of registration.

BN(O)s cannot pass on their British nationality status to future generations. Consequently, the status has been available to a fixed cohort of people which is gradually decreasing in size.

Slightly fewer than 360,000 people have a valid BN(O) passport, as at April 2020. The Government estimates that there are around 2.9m BN(O)s currently living in Hong Kong. Hong Kong’s population is estimated to be around 7.5m.

Most people with BN(O) status are also likely to be Chinese nationals under Chinese nationality law.

What UK immigration and citizenship rights does BN(O) status give?

BN(O) is one of six different types of British nationality status. Of these, only British citizen status automatically gives the right of abode in the UK (i.e. the right to travel to, and live and work in the UK free from immigration controls).

BN(O)s can use a type of British passport and seek consular assistance and protection from UK diplomatic posts, apart from in China, Hong Kong or Macao. But they are subject to the same UK visa requirements as other non-EEA nationals.

British nationality law enables BN(O)s to register as British citizens, either on the basis of lawful residence in the UK, or by being otherwise stateless.

Successive governments have resisted calls to change the legal rights of BN(O)s, such as by automatically granting them the right of abode or British citizen status. They have argued that to do so would risk undermining the commitments made under the UK-China Joint Declaration on Hong Kong.

4 British National (Overseas) status

Recent developments: a new visa route for BN(O)s?

The Government has responded to recent developments in Hong Kong by signalling a readiness to extend immigration options for BN(O)s, without going so far as to offer them a right of abode or British citizen status.

In late May it confirmed that, if China proceeds with imposing a new national security law on Hong Kong, the UK will open a new temporary visa route for BN(O)s. This would enable BN(O)s to come to live, work and study in the UK for 12 months at a time, with the possibility of extending their stay and eventually settling here permanently. More detailed information is not yet available. Statements made so far suggest that the visa would be open to all those with BN(O) status and their dependant family members.

The announcement, which was broadly welcomed in Parliament, raises many questions about what eligibility criteria and conditions would be attached to the visa, and how it would operate in practice. The UK-based charity Hong Kong Watch has welcomed the announcement as “an important and courageous step”, whilst noting that “’a route to citizenship’ is a vague and imprecise commitment”.

Other pre-handover citizenship provisions for British nationals in Hong Kong

The UK government was unwilling to extend British citizenship or the right of abode to all Hong Kong BDTCs in advance of the handover of Hong Kong. But certain categories of people were given opportunities to acquire British citizenship through targeted provisions.

One of these, the Hong Kong Citizenship Selection Scheme, enabled 50,000 heads of household (and their dependants) to acquire British citizenship. Some veterans of the Hong Kong Military Service and Hong Kong Royal Naval Service consider that they were unfairly denied citizenship through the Scheme. Since 2016, the Home Office has been considering representations made on their behalf for British citizenship or the right of abode.

Through different provisions, non-Chinese BN(O)s, who would otherwise be left stateless, and a small group of Hong Kong war widows, were also given routes to be registered as British citizens.

5 Commons Library Briefing, 15 June 2020

1. Background to British National (Overseas) status

Over the years, various different citizenship and residence rights have been given to and taken away from people from former British colonies. These changes are, in part, reflected by the six different types of British nationality status provided for in British nationality law:

• British citizenship

• British Overseas Territories Citizen (previously known as British dependent territories citizenship)

• British Overseas Citizen

• British Subject

• British National (Overseas)

• British Protected Person

Even though these statuses allow holders to possess a type of British passport, only British citizen status automatically gives the right to enter, live and work in the UK free from immigration control (known as the right of abode).

The British National (Overseas) status (hereafter, ‘BN(O)’) was created as part of the arrangements for the handover of sovereignty of Hong Kong on 1 July 1997. Before 1 July 1997, Hong Kong residents had British Dependent Territories Citizenship (‘BDTC’). Most BDTCs in Hong Kong were also already considered to be Chinese nationals, under Chinese nationality law.

1.1 Relevant legislation BN(O) status, and the grounds for its acquisition, were created by the Hong Kong Act 1985 and the Hong Kong (British Nationality) Order 1986, SI 1986/948.

These provided that people who had BDTC status through a connection to Hong Kong would not be able to retain or acquire that status on or after 1 July 1997, but would be able to acquire the new BN(O) status in the ten years leading up to the Hong Kong handover.

Due to concerns about a last-minute rush of applications, cut-off dates for applying to be registered as a BN(O) were set by the Hong Kong (British Nationality) (Amendment) Order 1993, SI 1993/1795. Records suggest that most eligible people did apply in time for BN(O) status, with 3.3 million people having registered by 1 March 1997.1

1 L Fransman, Fransman’s British Nationality Law, Part III, Section B, B.91

6 British National (Overseas) status

Applying for BN(O) status It is no longer possible to apply for BN(O) status.

BN(O) status was not conferred automatically. Those eligible (whether adults or minors) had to apply to be registered as BN(O)s. Successful applicants were issued with a British passport describing them as BN(O)s. They were not issued with a stand-alone certificate of registration.

General eligibility is summarised on the GOV.UK page British national (overseas) and in Home Office caseworker guidance.2

In short, BN(O) status could only be acquired by people who, prior to the Hong Kong handover, had BDTC through a connection with Hong Kong.

BN(O)s cannot pass on their status to future generations. Consequently, BN(O) status has been available to a fixed cohort of people which is gradually decreasing in size.

People who did not register as BN(O)s before the deadline and had no other nationality or citizenship status on 30 June 1997 automatically became British overseas citizens (BOCs) on 1 July 1997.

How many people have BN(O) status? 357,156 people have a valid BN(O) passport, as at 17 April 2020.3 The Government estimates that there are around 2.9m BN(O)s currently living in Hong Kong. Hong Kong’s population is estimated to be around 7.5m.

Most BN(O)s are also considered to be Chinese, under Chinese nationality laws.

1.2 What immigration and citizenship rights does BN(O) status confer?

British passport BN(O) status gives the holder a type of British passport and allows them to seek consular assistance and protection from UK diplomatic posts. But BN(O) passport holders cannot access consular support from UK diplomatic posts in China, Hong Kong or Macao. The government has explained:

The Foreign and Commonwealth Office can provide consular assistance to BN(0)s living or travelling outside China, Hong Kong or the Macao special administrative regions. However, we cannot help BN(O)s of Chinese ethnic origin in China, Hong Kong and Macao. This is because Chinese authorities consider BN(O)s of Chinese ethnic origin as Chinese nationals, and as Chinese authorities do not recognise dual nationality they are unable to access British consular assistance.4

2 Home Office, British nationals (overseas) v1.0, 14 July 2017 3 PQ 5241 [on British National (Overseas): Passports], answered on 4 June 2020 4 HC Deb 24 October 2019 c14P

7 Commons Library Briefing, 15 June 2020

Immigration rights Unlike British citizen status, BN(O) status does not give the ‘right of abode’, i.e. the right to travel to, and live and work in the UK, free from immigration controls. Consequently, people with a BN(O) passport are subject to the same UK visa requirements as other non-EEA nationals. These are set out in the UK’s Immigration Rules.5

The rules allow BN(O) passport holders to come to the UK as a visitor without applying for a visa in advance of travel. BN(O)s are also eligible under the Tier 5 Youth Mobility Scheme. This temporary work visa is only open to young people of certain nationalities.6

The main work and study immigration categories fall within the points-based system for immigration. The grounds for non-EEA nationals’ eligibility for Indefinite Leave to Remain (i.e. permanent settlement) in the UK vary, depending on the immigration category.

BN(O)s are not considered to be ‘UK nationals’ by the European Union and consequently have not had EU citizenship rights.

Grounds for acquiring British citizenship British nationality law provides some specific registration routes through which BN(O)s may be able to acquire British citizen status.

Based on residence in the UK

BN(O)s living in the UK have an entitlement to be registered as British citizens through section 4(2) of the British Nationality Act 1981 (as amended; ‘BNA 1981’).

The main eligibility criteria are to have been lawfully resident in the UK for the five year period before applying (subject to permitted lengths of absence); to have been free from immigration time restrictions for the last year (e.g. had Indefinite Leave to Remain); and to be of good character.

In some ways, the eligibility criteria are more generous than the similar requirements for naturalising as a British citizen on the basis of residence (under section 6(1) of the BNA 1981). Chiefly, whereas naturalisation is at the Home Secretary’s discretion, eligible BN(O)s have an entitlement to be registered.

But some of the differences make little difference in practice. For example, section 4 theoretically gives a slightly faster route to citizenship than naturalisation. But most immigration categories now apply a minimum five-year route to eligibility for Indefinite Leave to Remain anyway.

Similarly, although BN(O)s registering under section 4(2) are not required to satisfy a knowledge of English language and life in the UK

5 HC 395 of 1993-4 as amended 6 People travelling on passports issued by the Hong Kong Special Administrative

Region are also non-visa nationals for visit visa purposes and eligible under the Youth Mobility Scheme.

8 British National (Overseas) status

requirement, in practice most people would have already had to do so as part of the process of applying for Indefinite Leave to Remain.7

Based on residence in Hong Kong and being otherwise stateless

The British Nationality (Hong Kong) Act 1997 gives BN(O)s (and certain other categories of British national) who are ordinarily resident in Hong Kong and do not have any other nationality, an entitlement to be registered as British citizens.8 The general eligibility criteria are summarised on the GOV.UK page: Apply for citizenship if you have British nationality/You’ve lived in Hong Kong:

You may be eligible to apply if you’re ‘ordinarily resident’ in Hong Kong at the date of your application and:

• you were ordinarily resident there on 3 February 1997

• your parents were ordinarily resident there at the time of your birth if you’re a child born after 3 February 1997

You must either have:

• been a British national on 3 February 1997

• become a British national after 3 February 1997

You must not have held citizenship or nationality of another country at the time or since.

As alluded to in the guidance, most BN(O)s are unlikely to be eligible for British citizenship through this route, due to the effects of Chinese nationality law:

You can be a national of a country even if you’ve never had a passport from there.

For example, you might be a Chinese national if you’re ethnically Chinese (even if you became a British national through a connection with Hong Kong - for example because you, your parents or your grandparents were born, registered or naturalised there).9

7 People with permanent rights of residence under EU law or the EU Settlement

Scheme would not. 8 Separately, BN(O)s (and certain other categories of British national) who do not have

another nationality status are entitled to be registered as British citizens under section 4B of the BNA 1981.

9 In this context, the definition of ‘British national’ also encompasses the following statuses: BDTC through connection with Hong Kong; BOC; British subject; or British protected person

9 Commons Library Briefing, 15 June 2020

2. Calls to extend BN(O) immigration and citizenship rights

2.1 Government policy until late May 2020 For as long as the BN(O) status has existed, there have been calls for BN(O)s to be given British citizenship or the right of abode in the UK. These have been resisted by successive governments.

The issue has become more prominent again in the past couple of years, prompted by concern about events and related protests in Hong Kong.10

A petition on Parliament’s website to give British citizenship to BN(O)s attracted over 100,000 signatures before it closed in September 2019. In November 2019, the Foreign Affairs Committee called on the Government to give BN(O)s the right of abode, citing concerns that they might become more vulnerable to arrests in Hong Kong.11

Alastair Carmichael introduced a Hong Kong Bill 2019-21 to the House on 25 February 2020 under the Ten Minute Rule procedure. Mr Carmichael said that his proposed Bill would reopen the BN(O) registration scheme and give BN(O) passport holders the right of abode in the UK.

Successive governments have argued that it would be inappropriate to change the legal status of BN(O)s, considering the commitments made under the Joint Declaration with China. Comments made in January 2020 by the FCO Minister Heather Wheeler, in a Westminster Hall debate on British Overseas Passport Holders in Hong Kong, reflect this rationale:

Hon. Members have discussed whether the rights of those with BNO status should be altered following the recent protests in Hong Kong. Our position is clear: we believe that the best outcome for people with BNO status is for them to be able to enjoy the high degree of autonomy, rights and freedoms enshrined for Hong Kong in the joint declaration. BNO status was part of the delicate balance and negotiations that were conducted, which were concluded at the time of the joint declaration. The delicate balance reflected in that package needs to be respected. That is why we believe it would not be right to change the legal status of those with BNO status at this time, but they will have our full support in exercising the rights they have as part of their status.12

10 See, for example, Petition P002491, presented by Steve Double MP, 10 July 2019,

and government response, HC Deb 24 October 2019 c13-14P 11 Foreign Affairs Committee, A cautious embrace: defending democracy in an age of

autocracies, HC 109, 5 November 2019, paras 40-41. 12 HC Deb 29 January 2020 c311-12WH

10 British National (Overseas) status

In recent weeks the Government has signalled a change to its approach towards extending immigration options for BN(O)s, without going so far as to offer them a right of abode or British citizen status.

Rather, it is considering providing a new visa route for BN(O) passport holders, which would give them opportunities to come to the UK and work or study, and potentially settle here.

Box 1: The Joint Declaration: a legal obstacle to giving BN(O)s the right of abode?

In the past, UK governments have argued that offering a right of abode to BN(O)s would breach the commitments made in memorandums attached to the 1984 Sino-British joint declaration on the future of Hong Kong.13 They have referenced comments made by the former Attorney-General, Lord Goldsmith, in his 2008 review Citizenship: Our Common Bond in support of this view.

Lord Goldsmith, and some nationality law experts, have disputed this interpretation.

Lord Goldsmith reportedly wrote to the Foreign Secretary and Home Secretary in February 2020 to clarify that his 2008 report referred to advice from the FCO, rather than his own view. He also set out his own view that there is no legal obstacle to providing BN(O)s with a right of abode in the UK. BN(O) status is referred to in Memorandums of Understanding exchanged by the UK and Chinese governments, but not in the legally binding Joint Declaration or supplementary Annexes.

This view has subsequently been endorsed by some other leading QCs. The nationality law expert Laurie Fransman QC, has made a further observation, that “since the UK Memorandum, domestic British nationality law has indeed evolved and that ... evolution has already included greater extension of the right of abode to ‘British nationals’, including BN(O)s...Manifestly, the UK government did not consider itself barred by the Memoranda, or anything else, from taking such action.”

Bob Seely and Imran Ahmad Khan have recently written to the Home Secretary to draw her attention to this advice (as reproduced on the Hong Kong watch website).

2.2 Recent developments: A new visa route for BN(O)s

The Government confirmed on 28 May that, if China follows through with imposing a new national security law on Hong Kong, the UK Government “will explore options to allow BN(O)s to apply for leave to stay in the UK”.

The Foreign Secretary, Dominic Raab, set out the Government’s broad intentions in an oral statement to the House on 2 June:

If China follows through with its proposed legislation, we will put in place new arrangements to allow BNOs to come to the UK without the current six-month limit, enabling them to live and apply to study and work for extendable periods of 12 months, thereby also providing a pathway to citizenship.14

13 See Commons Library briefing Hong Kong: the Joint Declaration, July 2019, for

background to the Joint Declaration. 14 HC Deb 2 June 2020 c682-3

11 Commons Library Briefing, 15 June 2020

Mr Raab went on to emphasise the UK Government’s desire to play a leading role in an international response to the situation in Hong Kong:

Fundamentally, rather than just wait for international co-operation on the specific issue of what will happen to those who are not willing to stay in Hong Kong, we feel that we have a duty—as a matter of international law, moral responsibility and historical responsibility—to come out and lead. That is why we have said that we will allow the 300,000-plus passport holders, along with their dependants, to come to the UK in the way I described.15

An article by the Prime Minister published in The Times on 3 June described the proposal as “one of the biggest changes in our visa system in history”, and underlining that “If it proves necessary, the British government will take this step and take it willingly.”16

How might this work in practice? The Government has not yet set out the precise details of what immigration arrangements it is proposing or how they would be implemented.17 Some of the details likely to be of interest to BN(O)s include:

• Would it be necessary to have a current, valid BN(O) passport to be eligible?

• Would additional qualifying eligibility criteria apply? (For example, English language skills and the availability of adequate maintenance funds are common requirements for most time-limited visa categories)

• Would visa holders have the right to work and study at any level, or would they have to satisfy the requirements of the work/study routes within the new points-based system for immigration?

• What other conditions would be attached to the visa, such as ‘no recourse to public funds’ and a requirement to pay the Immigration Health Surcharge?

• What visa application fees would apply?

• On what basis would visa extensions be granted?

• What scope would visa holders have to make in-country applications to switch into other visa categories?

• Would the visa provide a specific route to eligibility for Indefinite Leave to Remain, and if so, after how many periods of temporary leave? The lengths of qualifying temporary residence vary across different visa categories – five years is common, but where no direct route is provided for, the qualifying period is ten years.

The offer has been described as providing a “route to citizenship”, but as referred to in section 1.2 of this briefing, there are citizenship registration and naturalisation routes already available to BN(O)s. These require the applicant to be living in the UK free from immigration time

15 HC Deb 2 June 2020 c694 16 Reproduced on GOV.UK, ‘PM Boris Johnson article on Hong Kong: 3 June 2020’ 17 PQ 53418 [on British National (Overseas): Visas], answered on 8 June 2020

12 British National (Overseas) status

restrictions (e.g. have Indefinite Leave to Remain) at the point of application.

The UK-based charity Hong Kong Watch has welcomed the announcement as “an important and courageous step”, whilst noting that “’a route to citizenship’ is a vague and imprecise commitment”. It has published a briefing which lists a number of more detailed questions and recommendations to the Government about the terms of the offer. In summary, it is calling on the Government to:

• Engage with civil society and Parliamentary stakeholders to ensure that the ‘pathway to citizenship’ offered in these proposals is simple and easy for Hong Kongers to access.

• Work with other governments to formulate an ‘international lifeboat policy’, ensuring all Hong Kongers have somewhere to go if they need it.

• Ensure that young Hong Kongers are not forgotten, either through proper protections for dependents or other means.

• Consider amending legislation to provide right of abode to all BNOs.18

Reaction in Parliament There was cross-party support for Mr Raab’s announcement from Members listening in the Chamber. Several indicated support for a more expansive approach.

The Shadow Foreign Secretary, Lisa Nandy, probed for further details of the offer, particularly whether it would apply to people who are eligible for a BN(O) passport as well as those that already have one, and whether it would include BN(O)s’ family members. Dominic Raab responded:

(...). As I said, we will wait to see precisely what the [national security] legislation says before making any further announcements, but the Home Secretary will set out the details at the appropriate time.

(...)

Of course, dependants would be considered.19

It is not yet clear how ‘dependant’ would be defined for the purposes of this visa route (for example, would it exclude those aged over 18?).

A PQ answered on 8 June confirmed that all BN(O) status holders would benefit from the arrangements, rather than only those who currently hold a valid BN(O) passport.20

Speaking for the SNP, Stewart Malcolm McDonald welcomed the Government’s plans, whilst expressing concern for the people who would not be within its scope:

(...). I think that what the Government are doing on BNOs is right, but is there not a danger that allowing so many people to leave is actually exactly what Beijing wants? While I think it is the right

18 Hong Kong Watch, British National (Overseas) Status: The Next Steps,14 June 2020 19 HC Deb 2 June 2020 c685 20 PQ 53567 [on British National (Overseas)], answered on 8 June 2020

13 Commons Library Briefing, 15 June 2020

thing to do to allow people to come here and, as the Foreign Secretary mentioned in his statement, to provide them with a path to citizenship, when West Berliners were threatened with oppression, we did not just offer them all visas to leave; we actually stood up for them and offered to defend them. Beyond the statement on BNOs, which is I think right, what else are the Government planning to do in future to support those who are not BNOs and who will be left behind in Hong Kong to deal with the effects of this new law?21

Similarly, Alistair Carmichael, Liberal Democrats spokesperson for Foreign Affairs, queried what assistance the UK would offer to the generations born after the cut-off date for eligibility for BN(O) status. In response, Dominic Raab noted that the cut-off date would not affect the dependant family members of BN(O)s. He also alluded to the possibility of other countries making offers to the people of Hong Kong:

We have set out—based on principle, in the right way—the commitment that we are making but, as others have already mentioned, what will be important is that the international community comes together to ensure that there are options for the wider group to which the right hon. Gentleman refers.22

Some other Members also raised examples of cases that potentially would not be covered by the Government’s plans, including younger generations and people who didn’t apply for BN(O) status before the cut-off date. Wendy Chamberlain probed the Foreign Secretary about the possibility of reopening the BN(O) registration scheme. Mr Raab gave a cautious response:

Wendy Chamberlain (North East Fife) (LD)

(...) there are many Hong Kong citizens who, like my constituent, did not receive a BNO passport in the first place and missed out. Will he consider the proposal made by my right hon. Friend the Member for Orkney and Shetland (Mr Carmichael) in his Hong Kong Bill, which I sponsored, which would offer a pathway to citizenship for all Hong Kong citizens.

Dominic Raab

We need to be realistic about the volume of people that we in this country could credibly and responsibly absorb. I do not think we can have this debate without acknowledging that. The fact is, though, that we have an historic set of responsibilities, as I set out earlier, and we will live up to them. Perhaps the hon. Lady should get in touch with my right hon. Friend the Home Secretary regarding the particular case she raised, to see what more can be done around eligibility.23

Responding to a suggestion from Steve Baker to adopt a more expansive offer to the people of Hong Kong, Dominic Raab characterised the UK’s plans as a “very principled and generous approach”, whilst again signalling a role for other countries:

Mr Steve Baker (Wycombe) (Con)

(...) ... does he agree that it is therefore necessary for the Government to prepare to permanently welcome a broader scope

21 HC Deb 2 June 2020 c686-7 22 HC Deb 2 June 2020 c688 23 HC Deb 2 June 2020 c702

14 British National (Overseas) status

of people to the UK and, with them, their capital so that they can be permanently established here, where we are still free?

Dominic Raab

(...). In relation to the people of Hong Kong, we have set out a very principled and generous approach. If we look at the numbers potentially involved, we are talking about over 300,000 holders of BNO passports and, in terms of those eligible, close to 3 million. So I think the UK, in the terms that I have described, is doing its bit, but we also need to work with our wider international partners who have significant Hong Kong communities, and a significant stake and interests in Hong Kong, to make sure that that is a broader international response.24

Lloyd Russell-Moyle contended that the UK’s offer should not be conditional on actions taken by the Chinese government in relation to a particular piece of legislation. Dominic Raab responded:

(...). We want to make sure that we live up to our responsibilities, but it is also important, as we try to change the long-term trend to which he rightly refers, that we are clear about the basis on which we would do it. The basis is the ripping up of the essence of the joint declaration. We need to wait and see what the national security legislation looks like, to see affirmed the terms that have already been described by the Government in Beijing. We are right to say that that particular trigger point would change our minds, because then we would be able to stand on the firm point of principle and international law as the basis on which we were extending those rights. The stronger the position we are able to be in in that regard, the more likely we are to carry wide international support for the actions that we take.25

24 HC Deb 2 June 2020 c696 25 HC Deb 2 June 2020 c691

15 Commons Library Briefing, 15 June 2020

3. Other citizenship schemes available to Hong Kong residents before handover

The UK government, in advance of the handover of Hong Kong, was unwilling to extend British citizenship or the right of abode to all BDTCs living there. But it did provide some opportunities for certain categories of Hong Kong BDTCs to acquire British citizenship, through targeted provisions.26

3.1 Hong Kong Citizenship Selection Scheme The Hong Kong Citizenship Selection Scheme (‘the Scheme’; sometimes referred to as the British Nationality Selection Scheme) was provided for by the British Nationality (Hong Kong) Act 1990. It enabled 50,000 heads of household (and their dependants) to acquire British citizenship.

The Scheme was intended to prevent brain drain from Hong Kong in the run-up to the handover of sovereignty, by giving successful applicants the security of British citizen status. Fransman’s, the leading text on British nationality law, provides an overview of the background to the Scheme and how it worked:

On 20 December 1989 the Foreign Secretary, Douglas Hurd, announced in parliament that the government rejected the idea of extending the right of abode in the UK to all Hong Kong's BDTCs as to do otherwise would create 'unacceptable strains' if they then came to the UK. Instead, a scheme would be launched to give the right of abode to 50,000 heads of household, based on the 'value of the individuals' service to Hong Kong and the extent to which people in that category are emigrating'. (...)

(...)

The Scheme was based on a points system and provided for four classes of principal applicant: the general occupational class, the disciplined services class, the sensitive services class and the entrepreneurs class. In the latter two classes applications were at the invitation of the Governor. In the former two classes (accounting for the great majority of all registrations) points, to a maximum of 800, were allocated for age, experience, education, public service, etc, and essentially the highest scorers were registered as British citizens (subject to the good character requirement).27

Hong Kong-Chinese servicemen were eligible to apply under the Scheme, in the disciplined services class. But campaigners argue that only 500 Hong Kong-Chinese soldiers obtained British citizenship.

There has been a long campaign on behalf of veterans of the Hong Kong Military Service and Hong Kong Royal Naval Service, to give them the right of abode or British citizenship. It has been supported by some

26 This is not an exhaustive summary of the various different remedies available in

British nationality law available to people associated with Hong Kong. For a more complete overview, see Fransman’s British Nationality Law, Part III Section B, B.91

27 L Fransman, Fransman’s British Nationality Law, Part III Section B, B.91

16 British National (Overseas) status

Parliamentarians. A Westminster Hall debate on 11 March 2015 aired many of the arguments. James Brokenshire, then Minister for Immigration, indicated that the government was not persuaded of the case.28

Since 2016, however, successive governments have said that the Home Office is considering representations made on behalf of former Hong Kong Military Service Corps personnel who were unable to obtain citizenship through the Scheme.29

3.2 Hong Kong war widows A small group of surviving widows and wives of local Hong Kong men who had fought against the Japanese occupation during World War II were given an entitlement to register as British citizens under the Hong Kong (War Wives and Widows) Act 1996.

3.3 Non-Chinese ethnic minorities As summarised in section 1.2 of this briefing, the British Nationality (Hong Kong) Act 1997 enabled Hong Kong’s non-Chinese ethnic minorities, who would have otherwise effectively been left stateless after the handover, to be registered as British citizens.

28 HC Deb 11 March 2015 c87-94WH 29 See, for example, HL2050 [on Right of Abode: Hong Kong], answered on 16 March

2020, and HC Deb 3 June 2020 c691

BRIEFING PAPER Number CBP 8939 15 June 2020

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