Hong Kong 2019 protest prosecutions ‘no barrier’ to BN(O) visa route, UK home secretary confirms

Britain’s home secretary has confirmed that prosecutions for taking part in the 2019 pro-democracy protests in Hong Kong will not prevent otherwise eligible applicants from accessing the British National (Overseas) visa route.

The UK’s Joint Committee on Human Rights had sought the clarification amid concerns that people with BN(O) status convicted of offences connected to the 2019 demonstrations and unrest could be denied entry or leave to remain.

On Wednesday, Home Secretary Shabana Mahmood responded to a letter from the committee. She wrote: “[T]here should now be a presumption in favour of ensuring that convictions connected to participation in the 2019 protests do not prevent otherwise eligible individuals from benefiting from the BN(O) route. BN(O) route applicants who do not meet the standard BN(O) route suitability requirements due to participation in the pro-democracy protests will now be automatically considered by Ministers for a grant of leave outside the Immigration Rules.”

“I am proud that the UK has already provided a safe haven to thousands of Hong Kongers and the Government will continue to stand with the people of Hong Kong,” she added.

Protests erupted in June 2019 over a since-axed extradition bill. They escalated into sometimes violent displays of dissent against police behaviour, amid calls for democracy and anger over Beijing’s encroachment. Demonstrators demanded an independent probe into police conduct, amnesty for those arrested and a halt to the characterisation of protests as “riots.” 

In late July, ex-Democratic Party chair Wu Chi-wai was stopped at London’s Heathrow Airport upon arriving in the UK and initially granted only seven days of immigration bail following a 10-hour detention at the border.

Wu was convicted under the Beijing-imposed national security law for conspiracy to subvert the state. He was among 47 democrats accused of holding an unofficial pro-democracy legislative primary election in July 2020. The 63-year-old was jailed for four years and five months.

UK authorities later granted him leave to remain in the country for six months.

Over 187,000 visas issued

The Joint Committee on Human Rights is a parliamentary group of 12 members appointed from both the House of Commons and the House of Lords.

According to a Wednesday press release, Chair of the Joint Committee on Human Rights Alex Sobel said: “The BN(O) route was set up specifically to ensure that the UK could be a place of sanctuary to those who were unjustly punished for standing up for their democratic freedoms. Convictions they received for taking part in the protests should not preclude people from accessing this scheme. It is right that the Government has recognised this issue and taken the appropriate action to remedy it.”

Last week, the UK said Hong Kong BN(O) visa holders in the UK would be exempt from a proposal to double the qualifying period for settlement to 10 years.

The visa scheme for Hongkongers was introduced following the 2020 enactment of the Beijing-imposed security law in the city.

As of February this year, over 230,000 people had been granted a BN(O) visa and almost 170,000 had moved to the UK, according to the Home Office.

Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.

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