Political situation
Written by: Lin Jian
2021-01-20 07:00
Last update date: 2021-01-20 07:00
The Standing Committee of the National People's Congress held a meeting in Beijing for three days starting today (20th).
In response to the political situation in Hong Kong last year, the United Kingdom relaxed the "5+1" naturalization requirements for Hong Kong citizens who hold British National (Overseas) Passports (BNO). Pro-organizationalists have recently continued to let go and said they would respond to the British approach.
Before leaving for Beijing yesterday morning, the Standing Committee of the National People's Congress Tan Yaozong said that there are 18 agenda items listed on the National People's Congress website, and Hong Kong-related agendas are temporarily not visible.
However, the Standing Committee of the National People's Congress has temporarily inserted Hong Kong-related sensitive agendas in the past, and made public decisions after the meeting was over.
In particular, the "5+1" naturalization arrangement will soon accept applications from January 31, so the rumors that China has launched counter-BNO measures have become popular.
At present, there are quite a lot of opinions in the political circles about counter-BNO. According to the strength, it can be roughly divided into three types, ranging from direct "DQ" residency to purely restricting political rights such as public office. This article will make a preliminary analysis.
The UK announces the details of the "5+1" application for BNO to move to the UK:
Background: National Security Law takes effect, China and Western political wrestling
China and Britain signed the "Sino-British Joint Declaration" memorandum in December 1984. The Chinese and British sides promised that after the return of Hong Kong, Hong Kong people can use passports issued by the United Kingdom, but they will not grant the right of abode.
However, after the "Port National Security Act" took effect, the political situation changed drastically. The British government stated on July 2 last year that it would extend the BNO residency to five years, and later proposed a "5+1" naturalization path, that is, applying for a five-year visa After staying in the UK for 1 year, you can apply for naturalization, and family members without BNO can also apply together.
According to figures from the British Foreign Office, the number of BNO applicants has increased sharply since June last year, and the number of holders exceeded 730,000 at the end of last year.
According to the British side, the relaxation of the BNO naturalization arrangement is an "escape door" for Hong Kong people.
However, the central government has repeatedly refuted it strongly, denounced that BNO's power expansion was a serious provocation.
Chinese Ministry of Foreign Affairs spokesman Zhao Lijian criticized the British government’s actions for violating its commitments. China will consider not recognizing BNO as a valid travel document and reserves the right to take further measures.
The Commissioner’s Office in Hong Kong further pointed out that the British side’s expansion of BNO’s power was a violation of its promise, gross interference in China’s internal affairs and Hong Kong affairs, and distortion of the Sino-British Joint Declaration.
However, the British side questioned the unsatisfactory implementation of one country, two systems and the deteriorating human rights situation in Hong Kong, and instead pointed out that China did not abide by the agreement.
Moreover, China has stated many times in the past that the "Sino-British Joint Declaration" is a historical document, and Britain has no role in the Hong Kong issue. It is logically difficult to accuse the British side of violating the "Declaration".
All in all, the BNO power extension dispute stems from the differences between China and the European and American countries on the political situation of Hong Kong after the National Security Law came into effect, and they competed with each other.
As the former suzerain of Hong Kong, Britain naturally has more actions.
The details of Beijing’s countermeasures are not yet clear, but Chief Executive Carrie Lam said yesterday that he would support any countermeasures by the central government.
Three directions aim at right of abode, welfare, and political rights
As the new citizenship policy of the BNO will take effect at the end of this month, recent establishment figures, including the vice chairman of the National Committee of the Chinese People’s Political Consultative Conference Liang Zhenying, the deputy director of the Basic Law Committee Tan Huizhu, and the executive council member Ye Liu Shuyi, have put forward a number of suggestions on countering BNO.
Based on the current information, the directions can be initially divided into three, with different "strengths" of the moves:
(1) Cut political rights
A relatively modest approach is to not deal with their resident status, and only start with the political rights of relevant persons, prohibiting BNO holders from holding public office in Hong Kong and cutting off their voting rights.
"South China Morning Post" recently quoted news that Beijing is considering the above direction, but officials still have different opinions on depriving the right to vote.
Some politicians told reporters of "Hong Kong 01" that because Beijing has publicly accused the British side of violating the "Sino-British Joint Declaration", they can "negate" BNO in a big way in the future, even if they have BNO (even if they have not applied through the 5+1 program) Naturalization of the United Kingdom), it is not surprising that political rights are restricted.
The Deputy Director of the Basic Law Committee, Tan Huizhu, said in an interview with the electronic media that once China does not regard BNO as a travel document, it can cancel the voting rights of Hong Kong people holding BNO in accordance with the Constitution. As for the reduction of the right of abode, we must carefully study: "We cherish every Hong Kong citizen They should not easily cancel their permanent residency in Hong Kong, but the right to vote is another matter."
If the BNO holder cannot serve, it means that it is very likely that they will not be able to serve as a civil servant. This is an "economic cost".
The "Minato National Security Law" stipulates that public officials shall swear allegiance to the Basic Law and the Hong Kong Special Administrative Region before taking office.
BNO holders may be deemed to have failed to meet the requirements of "Allegiance to the Hong Kong Special Administrative Region".
(2) Cut permanent residents' welfare payments without share
A tougher approach is to cut off the permanent resident status of the relevant person and retain only the status of "Hong Kong resident". The situation is similar to the current 390,000 foreign domestic helpers.
They are also regarded as "Hong Kong residents", but because they are not permanent residents, they cannot live in Hong Kong indefinitely.
This measure is expected to target those who have successfully naturalized the UK with BNO.
In terms of rights and benefits, non-permanent residents cannot apply for public housing, cannot serve as public officials, and do not have the right to vote.
Last year, the government distributed 10,000 yuan to permanent residents who had reached the age of 18, but non-permanent residents had no share.
The government can only compensate low-income new immigrants who have lived in Hong Kong for less than 7 years through the care fund.
(3) Direct DQ residency
The most stringent direction is to directly treat the relevant person as "abandoning the right of abode."
A member of the Executive Council, Suk Yee Yip, wrote an article in the media earlier, suggesting that after a certain date is crossed, Hong Kong people who use the BNO plan to naturalize the United Kingdom will be deemed to have given up their Chinese nationality according to Article 9 of the Chinese Nationality Law. , And therefore lose the right of permanent residence in Hong Kong.
These people will automatically lose the right to hold a SAR passport and may lose their right of abode in Hong Kong.
This approach is equivalent to forcing Hong Kong people to choose between naturalization in the UK and the right of abode in Hong Kong. Once they choose naturalization, it will be difficult to turn back.
Of course, if the naturalized British are not allowed to continue to retain their right of abode, the shock is expected to be the greatest.
The leader of the Liberal Party, Chung Guobin, said that many Hong Kong people emigrated because they were worried about the future before the reunification, but they returned to Hong Kong to continue doing business or work after obtaining their passports. He believed that these Hong Kong people were "the mainstay of Hong Kong's prosperity and stability" and rashly imposed restrictions on them. The politics and economy of Hong Kong may have a great influence.
In recent days, many establishment figures, including Liang Zhenying, have advocated the central government to introduce measures to counter BNO.
(Photo by Liang Pengwei)
Can be executed in the form of "declaration"
When it comes to the actual implementation level, readers may have questions: some Hong Kong people just "hold" BNO and not use it for residence/naturalization in the UK, and only regard BNO as a "two-handed preparation".
In theory, neither the central government nor the SAR government can know the complete list of BNO held by Hong Kong people.
So, how should counter-BNO measures be implemented?
In the face of this embarrassing situation, the government can legally deal with it in the form of a "declaration", requiring citizens to declare whether they hold BNO and have applied for naturalization through the "5+1" when they hold public office, vote or apply for government public welfare.
If you make a false statement, it is a criminal offence, and it is expected to reduce false reports and underreporting.
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