Stripping British National (Overseas) passport holders of Hong Kong residency could spark another crisis
- Given the large number of Hongkongers who hold a foreign passport, such a move could spark a mass exodus and create a crisis the SAR can ill afford
- Regina Ip’s call for the national law disallowing dual citizenship to strictly apply in Hong Kong ignores the historical context
BN(O) passport holders will be able to apply to move to the UK to live and work. After five years, they can then apply for permanent residency, and, after a year with that status, may apply for citizenship. In addition, the rules also allow family members of the BN(O) passport holder to apply, and they may move to the UK at different times.
The BN(O) scheme is more lenient than other immigration policies put in place for Hongkongers by other Western countries. Theoretically, around 3 million Hongkongers could benefit from the scheme. It is estimated that at least several hundred thousand Hongkongers will move to the UK through the BN(O) scheme in the next few years, bringing with them billions of dollars in capital.
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UK unveils details of citizenship offer for Hongkongers with BN(O) passport holders
Regina Ip Lau Suk-yee, a former secretary for security and current member of both the Legislative Council and Executive Council, also has some ideas.
This could mean they would be barred from working as civil servants, as according to the Basic Law, other than some specified exceptions, all civil servants must be Hong Kong permanent residents.
Time for Hongkongers to decide who they really are
However, the suggestion would be difficult to implement. As China does not recognise dual nationality, it is agreed, in the memorandums of understanding attached to the Sino-British Joint Declaration, that BN(O) and other foreign passports held by Hongkongers will only be treated as travel documents. Hong Kong people get to keep and use more than one passport. But all are seen as Chinese citizens, unless someone were to renounce their Chinese nationality.
Ip’s proposal would not only undermine the rights of BN(O) passport holders, but also other foreign passport holders, including those with US, Canadian, Australian and New Zealand documents. It could affect over a million Hong Kong people, pose unnecessary challenges to the city’s stability, and lead to more social unrest.
Even if the countermeasure targets only BN(O) passport holders, it would still not work. Many of Hong Kong’s civil servants are either BN(O) passport holders or are eligible for the status. Enacting the law as Ip suggests could severely deplete Hong Kong’s civil service ranks.
The Basic Law allows up to 20 per cent of Legislative Council members to retain foreign nationality. These lawmakers must come the professional and business functional constituencies.
Based on the principle that all are equal before the law, if the Hong Kong government were to abolish the permanent resident status of Hongkongers who have acquired British nationality through the BN(O) immigration scheme, the same measure should be imposed on those who have other foreign nationalities. The 250,000 Hongkongers who have BN(O) passports, another 300,000 who are Canadian citizens, and others who are citizens of other places, would all be affected.
The Canadian government is prepared to welcome its nationals if they are forced to leave Hong Kong, and other foreign countries may well follow suit. Such a massive exodus of talent and capital would create chaos in Hong Kong and shake the foundations of the city.
Hong Kong has been plagued by crises over the past two years. At a time when everyone should be looking to revive the city and patch things up between different sectors in Hong Kong, do we really need another crisis?
Albert Cheng King-hon is a political commentator
