[Update]: International Lifeboat Campaign: Developments by Country and Territory

UK

The Foreign Secretary and the Prime Minister on 1st July confirmed that the UK Government would stand by its previous commitment to extend the rights of British National Overseas passport holders.

The UK Government has announced its intention to introduce a special bespoke arrangement, which grants BNOs five years leave to remain, with the right to work and study, as a pathway to citizenship for BNOs and their dependents.

After 12 months of settled status in the UK, BNOs will be able to apply for citizenship.

As of 24th February 2020, the Home Office estimated that there are 349,881 BNO passport holders and around 2.9 million Hong Kongers who could apply for BNO status.

On 22nd July the UK Government released further details of its new visa scheme, which would make it easier for British National Overseas passport holders to work and study in the UK as a pathway to citizenship. It includes a specific provision for the children of BNOs who were born after 1997, but are over 18 years old.

The British Government’s new visa scheme for Hong Kongers who are BNO passport holders and their dependents will come into force in January 2021, with special dispensation given to Hong Kongers who need to enter the UK before the end of the year. The Home Office plans to announce further details of the new immigration rules for the Hong Kong BNO Visa in the Autumn, with an associated fees order.

For further information on the full details announced today: https://www.gov.uk/guidance/british-nationals-overseas-in-hong-kong

USA

The United States House of Representatives has introduced a Hong Kong Safe Harbour Act, which would create an asylum route for political activists in Hong Kong who face immediate danger staying in the city.

Introduced by US Rep. John Curtis with bi-partisan support, the Bill’s co-sponsors include Representatives Joaquin Castro (D-TX), Mike Gallagher (R-WI), Brad Sherman (D-CA), Harley Rouda (D-CA), Ted Yoho (R-FL), Thomas Suozzi (D-NY), Elise Stefanik (R-NY), Ben McAdams (D-UT), Chris Stewart (R-UT), Jim McGovern (D-MA), Vicky Hartzler (R-MO), and Tom Malinowski (D-NJ).

The Senate companion bill is led by Senators Marco Rubio (R-FL), Bob Menendez (D-NJ), Todd Young (R-IN) and Ben Cardin (D-MD).

The Hong Kong Safe Harbor Act would designate Hong Kong citizens as Priority 2 refugees—streamlining their refugee admission process, and instructs the US Secretary of State to work with likeminded countries as part of an ‘international lifeboat campaign’ to accept refugees from Hong Kong.

The asylum route would apply to Hong Kongers:

·         ‘Who had a leadership role in civil society organizations supportive of the protests relating to the Hong Kong extradition bill and the encroachment on the autonomy of Hong Kong by the People’s Republic of China;

·         Had an organizing role for such protests;

·         Acted as a first aid responder for such protests;

·         Suffered harm while covering such protests as a journalist;

·         Provided paid or pro-bono legal services to 1 or more individuals arrested for participating in such protests;

·         Or were formally charged, detained, or convicted for his or her participation in such protests.

Commenting on the Hong Kong Safe Harbor Act, Hong Kong Watch’s Chair and co-founder, Benedict Rogers said:

“The National Security law fundamentally compromises one-country, two-systems. With Beijing breaking their promises, it is vital that Hong Kongers who need it are given a way out. This is why the Hong Kong Safe Harbor Act is so timely. The US stepping up to over refuge to Hong Kong’s brave and inspiring young people is not only the right thing to do, their entrepreneurial attitude, love of freedom and dynamism will benefit the US economy and society in the long run.” 

For further information: https://curtis.house.gov/press-releases/curtis-leads-bipartisan-coalition-to-introduce-the-hong-kong-safe-harbor-act/

US Rep  Tom Malinowski and US Rep Adam Kinzinger have also introduced the Hong Kong People’s Freedom and Choice Act, which would ensure the US Government continues to treat Hong Kongers as distinct from the mainland, expedite residency for Hong Kongers who claim refuge in the US, and expedite admission for Hong Kong’s high skill community.

For further information: https://malinowski.house.gov/media/press-releases/representative-malinowski-introduces-hong-kong-people-s-freedom-and-choice-act

Following the disqualification of pro-democracy candidates ahead of the Legislative Council Elections, the US Secretary of State Mike Pompeo told US lawmakers on 31st July that the State Department was considering measures to allow Hong Kongers to settle in the USA.

Canada

The Canadian Government is considering the introduction of a ‘Young Talents Scheme’ for Hong Kongers.

A sizeable portion of the protestors in Hong Kong are university and school students ranging between 18-23. Born after 1997, many are not entitled to BNO and would not be covered by the UK Government’s scheme.

The emphasis would be on young Hong Kongers coming to study at colleges and universities in Canada, but with the ability to work to support their studies and with access to government student loans program.

The eligibility of applicants of the scheme could be limited to those between the age of 18-35.

Similarly, the Canadian Government could give priority under a points system to Hong Kongers between the ages of 18-23, who have been involved in the pro-democracy movement in Hong Kong, and hold a university degree or are currently studying at university but do not benefit from the UK BNOs scheme.

For further information: https://www.theglobeandmail.com/politics/article-canada-urged-to-amend-refugee-immigration-rules-to-welcome-hong/

Australia

On 9th July the Australian Government announced a scheme to help Hong Kong students who are in need of a lifeline.

Under the scheme, Hong Kongers who study in Australia will be entitled to a five-year graduate visa program which will allow them to work in the country as a pathway to citizenship.

The scheme applies not only to those Hong Kongers who are currently studying in the country, but also to future students. The Australian Government on the same day announced that it will be reopening its visa application centre in Hong Kong, to encourage Hong Kongers to take up this offer to study and work as a pathway to citizenship in Australia.

The Australian Government estimates that there are almost 10,000 Hong Kongers who count as existing temporary skilled, temporary graduate and student visa holders in Australia and will be eligible for these special arrangements, with a further 2,500 outside Australia and 1,250 applications on hand.

Australia will also enhance efforts to attract businesses from Hong Kong through new economic incentives. There will also be permanent visa pathways available for all critical Hong Kong based staff of the relocated business. ‘The government will particularly target businesses that presently operate their regional headquarters out of Hong Kong who may be looking to relocate to a democratic country.’

For further information: https://www.pm.gov.au/media/hong-kong?title=Hong

EU

The EU Parliament passed a joint-resolution on Hong Kong and the National Security Legislation, endorsed by all the major party groupings within the European Parliament, calling for European Union Member States to participate in an international lifeboat scheme.

For further information: https://www.europarl.europa.eu/doceo/document/RC-9-2020-0169_EN.html

On 28th July European Union Member States agreed a package of measures which will be introduced at an EU and Member State level to respond to the imposition of the draconian National Security Law in Hong Kong, including increasing scholarships for Hong Kong students to study in Europe, and a review of asylum and visa arrangements for Hong Kongers.

For further information: https://www.consilium.europa.eu/en/press/press-releases/2020/07/28/hong-kong-council-expresses-grave-concern-over-national-security-law/

Japan

A new trade body set up by the ruling Liberal Democrat Party, has suggested that Japan should special work visas for Hong Kongers, who work specifically in the financial services industry.

This build on previous statements by the Japanese Premier Shinzo Abe, that Japan would consider making it easier for Hong Kongers to migrate to Japan.

On 29th July Japanese lawmakers in both houses of Parliament created a nonpartisan group to explore how Japan can protect Hong Kongers. Led by the former Defense Minister Nakatani Gen of the governing Liberal Democratic Party, and Lower House Member Yamao Shiori of the Democratic Party for the People, the group is calling for the government to extend the period that people from Hong Kong can stay in Japan without visas, and ease the requirement for obtaining working visas.

For further information: https://asia.nikkei.com/Spotlight/Japan-immigration/Japan-weighs-shortcut-to-green-cards-for-Hong-Kong-financial-talent

https://www.thestandard.com.hk/breaking-news/section/4/151239/Japanese-lawmakers-propose-visa-extensions-for-HK