Written evidence from Ka-wa Fan (DBA0001)
Executive summary
A brief introduction about Ka-wa Fan and your reason for submitting evidence
Ka-wa Fan (Sam Fan) is a British national (overseas) (BN(O)) and is a senior project engineer of a building services installation manufacturer in Hong Kong. Human rights conditions in Hong Kong has been rapidly deteriorating after 2012. He is an advocate of British core values, including human rights, democracy, freedom, and tolerance of different viewpoints.
Sam harbour a grievance against the current British nationality law (BNA), which does not confer the right of abode in the United Kingdom on BN(O)s. He thinks that the current BNA is racially discriminatory, and former British Dependent Territories Citizens from Hong Kong (mostly ethnically Chinese) are treated unfairly compared with ethnically white BDTCs who come from other British dependent territories. He thinks that the UK Government should learn a lesson from the Windrush scandal by allowing BN(O)s to register as full British citizens, subject to compliance with certain reasonable conditions.
1) British nationals (overseas) were British Dependent Territories Citizens in Hong Kong before the 1997 handover, and most of them are ethnically Chinese. Such BDTCs were able to register as BN(O)s on or before 30/6/1997 in order to use a British passport after 1/7/1997, without the right of abode in the UK. The BDTC-HK ceased to exist on 1/7/1997. These BN(O)s were Citizens of United Kingdom and Colonies before 1983, which conferred them a right to live in a British territory. However, since 2002, most British overseas territories citizens have been allowed to register as full British citizens without meeting any residency in the UK requirement. The right to live in a British territory and to be fully protected by Her Majesty’s Government of a British subject should not be deprived even if a British territory is handed over to another state, especially a totalitarian regime with appalling human rights records (e.g. Tiananmen Square Massacre, Cultural Revolution). The ostensibly fair British nationality law discriminates against ethnic Chinese BN(O)s (who are former BDTC-HKs) or BN(O)s of other (non-white British) ethnicities. The UK Government should learn a lesson from the Windrush scandal.
2) Human rights, freedoms and democracy in Hong Kong have been significantly deteriorating after 2012. There are various breaches of the Sino-British Joint Declaration in Hong Kong, including abduction of the British (citizen) bookseller Mr Lee Bo, refusal of visa renewal of British journalist Victor Mallet and a large number of political prisoners. The Umbrella Movement 2014 was vain to fight for democracy and freedoms. The BN(O) passport, which does not confer the right of abode in the UK nor consular protection in Hong Kong or mainland China to the holder, does not sufficiently protect holders from possible political prosecution in Hong Kong.
3) The youngest BN(O) is 21 years old already since no one who was born after 30/6/1997 can become a British national (overseas). Overwhelmingly majority of valid BN(O) holders have well-established careers in Hong Kong, and they have no intention to live and work in the UK even if they have the right of abode. Before 1999, around 150,000 Macanese citizens became full Portuguese citizens with the EU freedom of movement; however, few of them exercise this right. The British nationality selection scheme in 1990s also conferred full British citizenship to BDTC-HKs who met certain criteria, but majority of them choose to live and work in Hong Kong. Therefore, an influx of immigrants from Hong Kong is highly unlikely. Full British citizenship will serve as an “emergency exit” only.
4) Hong Kong has a good education system and is a renowned international financial centre. Most BN(O)s are diligent, economically active and quite proficient in English. Even if they live in the UK (albeit unlikely), they will be conducive to the British economy. Many professionals, like chartered engineers, accountants, architects, doctors etc., hold professional qualifications that are recognised in the United Kingdom. For example, many professional engineers holding chartered engineer status of the Institution of Engineering and Technology (IET), Chartered Institution of Building Services Engineers (CIBSE) and Institution of Civil Engineers (ICE), which are recognised by the UK Engineering Council. Many lawyers here received legal education in the UK. Most working professionals here achieve a Band 7 (good user) or above in the International English Language Testing System (IELTS), with many high-flyers attaining a Band 8 (very good user) or above. It is improbable that they will rely on social welfare.
5) Few people here wholeheartedly support the Chinese rule of Hong Kong as a special administrative region. Most BDTC-HKs would have voted for “no change in status quo” / “remain” if there was a referendum on the future of Hong Kong during the UK-China negotiations in 1984. Overwhelmingly majority of Hong Kong people uphold British core values including democracy, the rule of law, individual liberty, mutual respect for and tolerance of those with different faiths and beliefs and for those without faith. For example, any impediment to the rule of law by the Chinese government, like the interpretation of the Basic Law by the National Peoples’ Congress in Beijing, is often frowned upon. Majority of Hong Kong people are followers of the three traditional Chinese religions, namely Buddhism, Taoism and Confucianism; but these religions have no conflict with the British core values; and they have no intention the proselytise in the UK. Approximately 20% of Hong Kongers are Christians, including Protestants and Roman Catholics. Therefore, even if BN(O)s have the right of abode in the UK, national security and stability of the UK will not be adversely affected at all. Some colonial citizens even joined the British army before 1997, but these ex-servicemen are also denied full British citizenship.
6) The Sino-British Joint Declaration (JD) has been used as an excuse of not treating BN(O)s more fairly. The Chinese government has been claiming that the JD is a historical document and is no longer effective. It is also widely recognised that the JD has been breached in Hong Kong in various aspects. Moreover, BN(O)s will not be automatically enjoy the right of abode in the UK in any circumstance, as a procedure of registration will be always necessary. The acquisition of citizenship of the People’s Republic of China in 1997 was involuntary, and a large number of valid BN(O) holders expressed their willingness to renounce PRC citizenship if they can become full British citizens.
Recommendations for action by the Government
British nationals (overseas) should be allowed to register as full British citizens, subject to the following conditions:
The requirement of holding a valid BN(O) passport on a specified date is to ensure that the applicant has the intention of taking up / retaining British nationality. Once they become full British citizens, they should use their British citizen passport as the travel document when travelling overseas, and they can retain their PRC “home return permit” when entering the Chinese mainland. Holding an HKSAR passport of such Britons should be discouraged and should be declared to the UK Government.