As Hong Kong authorities move closer to enacting a second national security law, the British government has announced a relaxation of immigration rules for individuals from the city seeking to relocate to the United Kingdom amidst a crackdown on dissent.
The proposed Safeguarding National Security bill, currently under consideration by the Legislative Council, carries severe penalties including life imprisonment for offenses such as treason, insurrection, sabotage, and mutiny, with espionage attracting a maximum sentence of 20 years. Additionally, the bill allows for a 10-year sentence for crimes associated with “state secrets” and “sedition,” along with provisions for the revocation of passports for individuals fleeing overseas.
Mandated by Article 23 of the Basic Law, which has served as the city’s constitutional framework since its handover to Chinese rule in 1997, the legislation has been revived after being shelved following widespread protests in 2003, and is expected to be ratified imminently.
Critics argue that the ruling Communist Party’s interpretation of the bill’s provisions is broad and vaguely defined, with charges of “national security” already being wielded to suppress peaceful dissent and political opposition within the city.
In response to these developments, the U.K. Home Office has announced adjustments to the eligibility criteria for holders of British National Overseas (BNO) passports seeking to apply for visas. These visas provide a pathway to resettlement and eventual citizenship, facilitating access to public assistance, streamlining bureaucratic procedures, and enabling the relocation of relatives and dependent adults under independent visa status.
Earlier this year, the United Kingdom relaxed requirements for individuals wishing to migrate from Hong Kong with their partners under the BNO scheme. Government figures released in November indicate that at least 191,000 individuals have applied for the visa program thus far.
While these changes may appear modest in scale, they are expected to facilitate the relocation of numerous families to the United Kingdom, according to immigration experts consulted by RFA Cantonese.
Speaking on condition of anonymity due to concerns of reprisals, an immigration consultant associated with the British advocacy group Hong Kong Aid reported a notable increase in inquiries regarding BNO visas following the government’s announcement of the accelerated legislative process for the new national security law.
“I’ve noticed a significant rise in inquiries from Hong Kong regarding BNO visa applications and political asylum since the Article 23 legislation has been in motion,” they remarked. “We’ve been receiving inquiries every few days since February, coinciding with the commencement of public consultations on the law on January 30th.”
Despite acknowledging the positive impact of the rule changes, the consultant expressed skepticism that they alone would prompt a surge in applications.
One Hong Kong resident who recently relocated to the United Kingdom, speaking under the pseudonym Cheung, welcomed the adjustments to the rules. Cheung now intends to apply for her elderly, dependent mother to join her in the U.K.
“These changes are certainly advantageous, as I had been apprehensive about this situation for quite some time,” she remarked. “Given my mother’s advanced age, this decision is crucial for our family’s long-term prospects and professional development. We firmly believe that the U.K. offers a more promising future.”
Meanwhile, in Canada, lawmakers are urging the government to maintain priority processing of applications from Hong Kong residents seeking to immigrate to the country, and to address bureaucratic delays affecting over 100 applicants.
In a letter addressed to the immigration minister, parliamentarians Melissa Lantsman and Tom Kmiec expressed concerns about the impact of delays on individuals seeking refuge amidst deteriorating human rights conditions in Hong Kong.
Aileen Calverley, co-founder and trustee of the London-based rights organization Hong Kong Watch, emphasized the importance of timely processing for Hong Kongers seeking to relocate to Canada.
“As the situation in Hong Kong continues to deteriorate, it is imperative that the government fulfills its commitment and ensures that applications are processed expeditiously,” she stated.