Political situation
Written by: Luo Kunyi
2021-01-29 07:00
Last update date: 2021-01-29 07:00
The British government launched the new BNO passport "5+1" plan earlier. It is generally believed that the central government will introduce countermeasures to this plan. At present, among the most concerned and widely spread measures, the cancellation of Hong Kong BNOs that have been naturalized in the UK The holder’s "permanent resident" status and rights include the most controversial voting rights and residency rights.
There are still divergent opinions in political circles about how to "get Hong Kong resident status".
In the United Kingdom, holders of the "British National (Overseas) Passport" commonly known as "BNO" have expanded the "right of abode" that they originally promised not to grant. The "5+1" plan will open applications next Sunday (31st).
Applicants can work and study in the UK after they have been approved. After 5 years of residence, they can apply for permanent residence, and then they can apply for naturalization in the UK.
It is rumored that the Central Committee will launch countermeasures against the immigration plan approved by the United Kingdom at the National Two Meetings held in Beijing in March, and the Hong Kong government will spare no effort to cooperate.
As far as the coverage of the crackdown is concerned, the targets of China's countermeasures, the most widely affected of which can be all Hong Kong BNO holders.
However, some politicians pointed out that it is difficult to implement such a "one size fits all" countermeasure. If the government stipulates that BNO holders cannot have the right of abode in Hong Kong, society will undergo radical changes, so the chance of occurrence is low.
Relatively speaking, Hong Kong people who hold BNO and are applying for or have successfully naturalized into the United Kingdom will most likely be targeted for "rectification", while the number of affected people is still within a predictable range.
Experts say that China can add provisions to cancel the resident status of sanctioned targets
According to the memorandum exchanged by the two parties in the "Sino-British Joint Declaration," the Chinese side stated that "according to the Nationality Law of the People's Republic of China, all Hong Kong Chinese compatriots, regardless of whether they hold passports of British dependent territories citizens, are Chinese citizens."
"Since July 1, 1997, Hong Kong Chinese citizens who were formerly known as British dependent territories citizens are allowed to use travel documents issued by the United Kingdom government to travel to other countries and regions."
But it also stated that "the above-mentioned Chinese citizens in the Hong Kong Special Administrative Region and other parts of the People's Republic of China shall not enjoy the right of British consular protection because they hold the above-mentioned British travel documents."
Some experts pointed out that from the relevant BNO provisions, the most direct way for China to counteract is to add subsidiary clauses, stating that in view of the unilateral change of the legal nature of BNO by the United Kingdom, China will no longer treat it as a travel document.
Tian Feilong, director of the National Hong Kong and Macau Research Association, pointed out that China can add more countermeasures at the same time, and it is circulated that Beijing will cancel the status of "permanent residents" as a sanction.
"Permanent residents" enjoy political rights "Non-permanent residents" enjoy only medical and educational benefits
The Basic Law grants relevant rights on the basis of "Hong Kong residents". According to Article 24 of the Basic Law, the conditions for obtaining the status of "permanent resident" of the Hong Kong Special Administrative Region shall be a Chinese citizen born in Hong Kong, or ordinary residence in Hong Kong for more than 7 years , People who take Hong Kong as their permanent residence.
A "non-permanent resident" is a person who is eligible to obtain a Hong Kong resident identity card in accordance with the laws of the Hong Kong Special Administrative Region but has no right of abode.
To clarify the rights enjoyed by "permanent residents" and "non-permanent residents" among "Hong Kong residents", it is understandable that there are very key political differences between the two.
According to Article 26 of the Basic Law, permanent residents of the Hong Kong Special Administrative Region shall have the right to vote and to be elected in accordance with the law.
According to the entry requirements for civil servants announced by the Civil Service Bureau, according to Article 99 of the Basic Law, civil servants hired on or after July 1, 1997 must be permanent residents of the Hong Kong Special Administrative Region.
In other words, non-permanent residents are not eligible to apply for civil servants.
In addition, according to the Housing Authority Ordinance, public housing can only be applied by qualified permanent residents, and the purchase of subsidized housing is also restricted to Hong Kong permanent residents.
In summary, Hong Kong under the Basic Law is divided into "permanent residents" and "non-permanent residents". The biggest difference between the two is that "permanent residents" have the right to vote, stand for election and right of abode, and can serve as civil servants and apply Public housing, low-cost public medical services, free basic education, and comprehensive assistance.
Once you become a "non-permanent resident", you will not be able to enjoy the above-mentioned rights except for medical treatment and education.
The right to vote is a citizenship and not a human right. China does not allow dual citizenship
Senior Counsel Tang Jiahua, a member of the Executive Council, pointed out that all countries regard election and the right of abode as civil rights, not human rights. Civil rights can only be exercised by persons with nationality. "If anyone in Hong Kong applies for naturalization as a foreign country, it is actually a renunciation of Chinese nationality. The performance of China, like most countries, does not allow dual nationality, renunciation of Chinese nationality is equivalent to renunciation of the status and rights of permanent residents under the Basic Law. The two should not coexist."
However, with regard to the "strength" the Chinese countermeasures will be carried out, some people boldly speculate that the most severe situation is that Beijing will simultaneously remove the status of "Chinese citizens" and "Hong Kong residents" owned by the sanctioned targets, that is, they will be taken away. Chinese nationality will have nothing to do with China and Hong Kong, so all rights will not be enjoyed.
Tang Jiahua pointed out that on the issue of nationality, China used to deal with it relatively loosely, but now that the British government grants BNO holders the right of abode undoubtedly greatly touched Beijing's nerves, frankly saying that "the central government will do it after everyone knows it."
Local politicians describe the current stage as "zero wind," and all possible countermeasures that China will implement can only be speculated based on the current legal system and practices.
And how far China’s countermeasures policy will affect and how deep will it be will not be revealed until the opening of the National Two Sessions.
The Democratic Party's Liang Yiting said that the future political situation depends on three time points. It is difficult for BNO to counteract
BNO｜Tang Jiahua: Naturalization in a foreign country means abandoning the election and the right of abode if it fails or becomes an immigrant refugee
Tan Yaozong's inoculation of Chinese medicine vaccine has no side effects, and the central government donates to Hong Kong, Beijing has not heard of measures to counter BNO
It is rumored that Beijing's counter-BNO countermeasures Tian Beichen will not affect Hong Kong people's entry and exit: ID card is available
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BNO British National (Overseas) Passport