British National (Overseas)

British National (Overseas), abbreviated as BN(O), is a class of British nationality associated with the former colony of Hong Kong. The status was acquired through voluntary registration by individuals with a connection to the territory who had been British Dependent Territories citizens (BDTCs) before the handover to China in 1997. Registration for BN(O) status was limited to the 10-year period preceding the transfer as a transitional arrangement for former BDTCs; current residents cannot newly acquire this nationality.

BN(O)s are British nationals and Commonwealth citizens, but not British citizens. They are subject to immigration controls when entering the United Kingdom and do not have automatic right of abode there or in Hong Kong, but all BN(O)s would have had permanent resident status in Hong Kong when they acquired this nationality. Following the Chinese government's imposition of a controversial national security law on Hong Kong in 2020, the UK has allowed BN(O)s and their dependent family members to apply for a renewable 5-year residence visa since 31 January 2021.

This nationality gives its holders favoured status when they are resident in the United Kingdom, conferring eligibility to vote, obtain citizenship under a simplified process, and serve in public office or government positions. There are an estimated 2.9 million BN(O)s; about 710,000 of them hold valid British passports with this status and enjoy consular protection when travelling abroad. However, the Chinese government does not recognise these passports as valid travel documents and restricts BN(O)s from accessing British consular protection from diplomatic missions located in Hong Kong and mainland China.

Background

Hong Kong was a British colony from 1842 until its transfer to China in 1997. The territory initially consisted only of Hong Kong Island and was expanded to include Kowloon Peninsula and Stonecutters Island in 1860. All of these areas were ceded in perpetuity to the United Kingdom by the Qing dynasty after the Opium Wars. Britain negotiated a further expansion of the colony to include the New Territories in 1898, which were leased (rather than ceded) from Qing China for a period of 99 years.

As the end of the lease drew closer, Hong Kong's future was uncertain. Because most of the territory's industry was developed in the New Territories, separating the leased area and returning only that part of the colony to China was economically and logistically infeasible. The colonial government could not grant new land leases in the New Territories past 1997, causing concern among local businesses over the long-term viability of further real estate investment. Local residents were apprehensive about the prospect of being handed over to Chinese rule and overwhelmingly preferred that Hong Kong remain a British territory; contemporary opinion polls show that 85 per cent of residents favoured this option. The British government attempted to negotiate an extension of its administration of Hong Kong past 1997, but pivoted towards ensuring the city's stability when it became clear that the Chinese authorities would not allow this.

Nationality arrangements for residents

Before 1983, all citizens of the British Empire, including Hongkongers, held a common nationality. Citizens of the United Kingdom and Colonies (CUKCs) had the unrestricted right to enter and live in the UK, although non-white immigration was systemically discouraged. Immigration from the colonies and other Commonwealth countries was gradually restricted by Parliament from 1962 to 1971 amid decolonisation, when British subjects originating from outside of the British Islands first had immigration controls imposed on them when entering the UK. After passage of the British Nationality Act 1981, CUKCs were reclassified into different nationality groups based on their ancestry and birthplace, and the vast majority of British subjects in Hong Kong became British Dependent Territories citizens (BDTCs) with the right of abode only in Hong Kong. Only those reclassified as British citizens held an automatic right to live in the United Kingdom.

The British government issued a memorandum attached to the Joint Declaration that concerned transitional arrangements for the nationality of residents, which included a stipulation that a new nationality would be created for Hongkongers that did not confer right of abode in the United Kingdom. The Hong Kong Act 1985 created the British National (Overseas) status to fulfil this requirement. All BDTCs who did not have a connection with a remaining British Dependent Territory other than Hong Kong lost BDTC status on the day of the transfer in 1997. Ethnic Chinese Hongkongers became Chinese nationals and could only retain British nationality if they had registered as BN(O)s before the handover. Residents who were not ethnically Chinese, had not registered as BN(O)s, and would have been stateless on that date automatically became British Overseas citizens.

Debate over full citizenship rights

The deprivation of full passports and nationality rights for Hongkongers, and its reinforcement as part of the Joint Declaration, drew criticism for effectively making ethnicity the deciding factor in determining what rights British subjects were entitled to. Hong Kong residents and Legislative Council members, with some supporters in the British Parliament, and that residents should have been offered a choice to continue living under British rule. Proponents argued that giving Hongkongers the right of abode as an "insurance policy" to protect against a potential curbing of civil freedoms by communist authorities after the handover would encourage them to stay in the territory and help prevent a mounting brain drain. BDTCs in Gibraltar and the Falkland Islands were already given access to citizenship, and it was noted that asking for the same to be granted to Hong Kong residents was only requesting equal treatment. Legislative Councillors and their supporters in Parliament unfavourably compared these nationality arrangements to the situation in Macau, where residents were allowed to retain Portuguese citizenship and right of abode after that territory's transfer to China in 1999. the outflow grew dramatically following the 1989 Tiananmen Square protests and massacre. The brutality of the Chinese government's response against demonstrations for democracy immediately dimmed local optimism in Hong Kong's future, indicated by a sudden drop in stock market and property values. The crackdown caused a rush among residents to seek permanent residency or citizenship in other countries. suspicions that were only exacerbated by the Tiananmen incident. Over a half million people left Hong Kong during the peak migration period from 1987 to 1996. because the status qualified them to register as BN(O)s. Parliament ultimately refused to grant all Hongkongers right of abode in the United Kingdom, citing difficulty in absorbing a large number of new citizens and that doing so would contradict the Joint Declaration. Because many departing residents were well-educated and held critical positions in medicine, finance, and engineering, the intention of the plan was to convince people within this professional core of Hong Kong's economy to remain in the territory after 1997. On the other hand, the Chinese government considers even these restricted grants to be a breach of the treaty and specifically disregards the British citizenship of those who obtained it under the BNSS. Legislative Councillors derided the Selection Scheme as a thinly veiled attempt by the British government to absorb only the wealthy and well-educated elite and accused the UK of abandoning the moral responsibility it had for subjects in the colony.

Post-handover developments

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