What is special UK visa scheme for Hong Kong residents?

Why In News?

The UK is opening a special visa scheme that will allow lakhs of Hong Kong residents a chance to migrate and eventually apply for British citizenship.

The visas will be issued to those in Hong Kong who hold a British National (Overseas) passport.

Applicants who get the visa can live and work in the UK for 5 years, after which they apply for settlement. Twelve months after this, they can apply for citizenship.

The scheme potentially covers over two-thirds of the city’s population of around 70 lakh.

Why did the UK announce this scheme?

On June 30,2021 an hour before the 23rd anniversary of Hong Kong’s transfer from Britain, China implemented its far-reaching new national security law for Hong Kong, greatly expanding Beijing’s power in the city.

Under the law, four widely defined offences can invite life imprisonment as the maximum punishment, followed by lesser penalties. Britain called its implementation a “grave step”.

Prime Minister Boris Boris Johnson called the imposition of the security law “a serious and clear breach of the Sino-British Joint Declaration”, referring to a 1984 treaty between the two countries under which China promised to honour Hong Kong’s liberal policies, system of governance, independent judiciary, and individual freedoms for a period of 50 years from 1997. 

How has China reacted?

China criticised the UK move and said that it would no longer be recognising BN(O) passports, saying that the citizenship offer “seriously infringed” on China’s sovereignty.

It is unclear, however, how this could deter Hong Kongers from leaving, since city residents are usually known to use Hong Kong passports while leaving for another country.

The BN(O) passport can only be used while arriving in the UK, or in any other country that recognises the document.

Background:

How is Hong Kong administrated?

• A former British colony, Hong Kong was handed over to mainland China in 1997, becoming one of its Special Administrative Regions. 
• It is governed by a mini-constitution called the Basic Law. 
• The Basic Law affirms the principle of “one country, two systems”.
• It upholds liberal policies, system of governance, independent judiciary, and individual freedoms of Hong Kong for 50 years from 1997.

 National Security Law and Article 23 of Basic Law

• Under Article 23 of the Basic Law, Hong Kong was supposed to enact the national security law on its own. 
• However, when the city government tried to enact the law in 2003, the issue became a rallying point for massive protests. 
• Ever since, the government steered clear of introducing the law again.
• The other way of implementing the law was by its inclusion in Annex III of the Basic Law.
• Annex III is a list of legislations confined to those relating to defence and foreign affairs, and other matters outside the limits of the Region’s autonomy.
• Adding a law to this list causes it to be enforced in the city by way of promulgation - meaning automatically being put into effect. 
• Beijing chose this route.