Hong Kong's new national security law, which targets secession, subversion, and terrorism with punishments up to life in prison, came into effect on 30th June.

The British Government has commented that this law effectively puts an end to the "one country, two systems" principle enshrined in the Joint Declaration. British Prime Minister, Boris Johnson said that this law is a "clear and serious breach" of the 1985 Sino-British joint declaration - a legally binding agreement which set out how certain freedoms would be protected for the 50 years after China assumed sovereignty in 1997.

The Prime Minister announced a ‘route’ out of the former colony a few weeks ago. Up to three million Hong Kong residents are to be offered the chance to settle in the UK and ultimately apply for citizenship. About 350,000 UK passport holders, and 2.6 million others eligible, will be able to come to the UK for five years. And after a further year, they will be able to apply for citizenship.

British National Overseas Passport holders in Hong Kong were granted special status in the 1980s but currently have restricted rights and are only entitled to visa-free access to the UK for six months. Under the government's plans, all British Overseas Nationals and their dependents will be given the right to remain in the UK, including the right to work and study, for five years.

Foreign Secretary Dominic Raab said there would be no limit on numbers or quotas and the application process would be simple. They will also not face salary thresholds to gain their visas, he added.

Until the government announces the details of this plan, British National Overseas Passport holders in Hong Kong will be able to travel to the UK immediately, subject to standard immigration checks.

This plan doesn’t appear to include the dependents of Hong Kong residents born after 1997. The plan also leaves some big questions unanswered - Will the UK be ready to take in so many Hong Kong residents? Will there be enough jobs? Will BNO passport holders have recourse to public funds? And will they be covered by the NHS?

China’s Reaction

China has responded to the UK promise to offer nearly 3 million residents of Hong Kong with British national overseas status (BNO), the right to settle in the UK.

China’s foreign ministry spokesman, Zhao Lijian, said Britain would “bear all consequences”, and China’s ambassador to the UK later said that Beijing “reserve[d] the right to take corresponding measures”. No further details were given, leaving it unclear if any response would be aimed at the UK or at the BNO passport holders.

The UK is the number one European destination for Chinese foreign investment, which, in the past five years, has equaled the sum of the previous 30 years. China is also the UK’s third-largest market. China could threaten to limit investment or put tariffs on British goods if they are not in support of this scheme.

China could bring in exit bans on BNO passport holders leaving Hong Kong. These have been used to prevent both Chinese dissidents and foreigners including American citizens from leaving the mainland. Mr Raab has acknowledged there "would be little we could do to…cohesively force" China to allow British Overseas Nationals to come to the UK.

A ban would be complicated, given that travelers could claim to be heading abroad for tourism or business before settling in the UK. There are difficulties in implementation as to how to verify the way that one acquired British nationality. The Hong Kong government may hold people legally accountable by making them declare how they acquired citizenship on paper.

China might also refuse to recognise British citizenship acquired by any BNO residents who move to the UK. Hong Kong residents who successfully gain British citizenship through this scheme would not be able to declare their British nationality on returning to Hong Kong. This would mean legally remaining a Chinese national within Chinese borders and not being able to receive British consular protection.

by Swarnim Agrahari

Britain's Citizenship Offer

China’s Reaction