In March of this year, my team and I initiated a campaign entitled “One Person, One Letter: Write To Your MP” with the objective of urging the British government to address the inequitable treatment experienced by British National (Overseas) passport (BNO) holders. This campaign arises from our profound concern regarding the current BNO visa policy and our long-term vision for Hong Kongers who wish to settle in the United Kingdom. We contend that the British government bears a responsibility to guarantee that all BNO holders receive fair and equitable treatment and have the opportunity to establish their lives in the United Kingdom.

Our campaign titled “One Person, One Letter: Write To Your MP” encompasses several core demands that aim to comprehensively address the various issues faced by BNO holders in the United Kingdom:

• Deferring the “Life in the UK” and English language assessments until subsequent to the acquisition of permanent residency and prior to the application for citizenship: It is our conviction that the existing policy, which mandates that BNO holders successfully complete the “Life in the UK” and English language assessments prior to securing permanent residency, imposes undue pressure on numerous BNO holders who have only recently arrived in the UK and require time to acclimatise to a new environment. Deferring these assessments until after the attainment of permanent residency and prior to the application for citizenship would not only afford BNO holders additional time to prepare but would also enable a more comprehensive evaluation of their integration into British society.
• Granting a special British nationality to children born in the UK to BNO visa holders: We respectfully urge the British government to confer a special British nationality upon children born in the UK to BNO visa holders. This appeal seeks to address the identity challenges encountered by children of BNO visa holders in the UK and to ensure they are afforded the same rights and protections as other British citizens.
• Addressing the issue of the CUKC identity: We respectfully request that the British government addresses the matter concerning the “Citizen of the United Kingdom and Colonies” (CUKC) status historically held by individuals from Hong Kong. Furthermore, we urge the government to explore avenues for providing a more accessible pathway to citizenship for holders of CUKC status who fulfil specific criteria. This request seeks to rectify the UK government’s previous shortcomings in safeguarding the rights of Hong Kong residents.
• Ensuring that BNO passport holders are not denied settlement applications based on political offenses: We firmly oppose the British government’s denial of settlement applications for BNO passport holders on grounds of political offenses. It is our conviction that all BNO passport holders should have access to a fair and impartial settlement application process, without facing discrimination due to their political beliefs.
• Enshrining the BNO visa in legislation: We strongly urge the British government to enshrine the BNO visa within UK law to guarantee the stability and sustainability of the visa policy. This request is designed to eliminate the uncertainty faced by BNO holders and to ensure that their rights are safeguarded by legal provisions.

In light of the forthcoming UK government White Paper on Immigration, which suggests extending the permanent residency application period for all visas to “10+1” (comprising ten years of residency plus one year for naturalization), numerous individuals express concern regarding the direct implications of this alteration on the rights of BNO visa holders. Although the preservation of the “5+1” policy remains significant, we underscore the necessity of pursuing BNO equality.

Why is there such significant emphasis on BNO equality? This is due to the fact that the BNO visa has been inequitable in its design from the very beginning. To elucidate the distinctions between BNO holders and other British nationalities, we have prepared the following comparative table:

Feature	BNO (British National (Overseas) Passport)	BDTC (British Dependent Territories Citizen)	BOC (British Overseas Citizen)	BOTC (British Overseas Territories Citizen)	BC (British Citizen)	BPP (British Protected Person)
Right of Abode in the UK	Initially No, now can apply for residence through a visa	No, unless connected to the Falkland Islands. Potential route to BC through registration.	No	No, unless connected to the Falkland Islands. Potential route to BC through registration.	Yes	No
Path to Citizenship	BNO Visa Route (created 2021) to ILR and Citizenship	Potential route to BC through registration, standard immigration routes	Standard immigration routes	Potential route to BC through registration, standard immigration routes	Automatic for those born in the UK to a BC parent, or acquired through naturalization or registration	No direct route
Historical Background	Created specifically for Hong Kong residents before the 1997 handover	Created in 1983 for those connected to British Dependent Territories	Result of complex historical factors; often those who retained some British connection without full citizenship	Result of being connected to a current British Overseas Territory	Result of birth, descent, naturalization, or registration in the UK	Former Protectorates and Territories; often limited connection to UK government/law
Perceived Unfairness
– No Right of Abode from Start	Yes	N/A	N/A	N/A	N/A	N/A
– Limited Rights compared to BC	Yes	Yes	Yes	Yes	N/A	Yes
– Circumstances leading to BNO	Yes	N/A	N/A	N/A	N/A	N/A
– Lack of Democratic Input	Yes	N/A	N/A	N/A	N/A	N/A

The data presented in the table above clearly illustrates that the rights of British National (overseas) holders are markedly distinct from those of other British nationalities. In comparison to British citizens and British Dependent Territories Citizens, holders of British National (overseas) status encounter more limitations regarding the right of abode, the route to citizenship, and additional factors.

To more clearly illustrate the inequities encountered by British National (overseas) [BNO] holders, it is essential to examine historical context. During the era of the Sino-British Joint Declaration, the discourse surrounding the future of Hong Kong was marked by minimal involvement from the Hong Kong populace. At that time, the literacy rates in Hong Kong were relatively low, and many individuals lacked familiarity with concepts such as “nationality” and “status,” making it difficult to comprehend the distinctions among British Dependent Territories Citizen (bdtc), Citizens of the United Kingdom and Colonies (cukc), and BNO identities. The British government made unilateral decisions regarding nationality arrangements for Hong Kong residents without adequately consulting the people of Hong Kong, which constituted a significant injustice. This disregard for consultation resulted in the prolonged neglect of the rights of BNO holders. They were not afforded equitable treatment during the identity transition process and were deprived of sufficient access to information or choice. This pattern of inequitable treatment persists to the present day, as BNO holders continue to encounter various restrictions and discrimination within the United Kingdom.

To comprehend the origins of the British National (Overseas) passport, it is imperative to first grasp the nature of this document: The British National (overseas) passport, abbreviated as BNO passport, is a British passport that has been issued since July 1, 1987, to residents of Hong Kong possessing British National (Overseas) nationality upon application. Although BNO passport holders are permitted to enter the United Kingdom as visitors without a visa, this status does not confer upon them the right of abode within the UK. To reside in the UK for an extended period, non-British citizens holding a BNO passport must apply for and obtain a valid UK residence permit. Nevertheless, similar to British citizens, BNO passport holders have the right to request consular protection from the UK while abroad. However, it should be noted that certain countries do not recognize this status; for instance, the Republic of China, in accordance with Article 4 of the Hong Kong and Macau Relations Act, acknowledges holders of this passport as Hong Kong residents and thus does not subject them to the visa-free entry regulations applicable to British passport holders. Additionally, the Standing Committee of the National People’s Congress of the People’s Republic of China has issued an interpretation stating that holders of the BNO passport shall not be entitled to British consular protection within the Hong Kong Special Administrative Region and other areas of the People’s Republic of China by virtue of their possession of the British National (Overseas) passport.

Nevertheless, it is important to acknowledge that in discussions regarding the matter of BNO equality, numerous individuals draw comparisons between the circumstances in Hong Kong and those in other former British territories, such as Malaysia. They assert that Malaysians similarly lack a pathway to British citizenship, hence arguing that residents of Hong Kong possess no justifiable grounds to request further concessions. This perspective, however, overlooks significant historical and political distinctions that exist between Hong Kong and Malaysia, consequently failing to appreciate the unique nature of the BNO issue.

It is indeed accurate that Malaysia was previously a British colony; however, the attainment of Malaysia’s independence was determined through a referendum, which reflected the principle of self-determination by the local populace. Moreover, prior to the independence of Malaysia, its citizens were also classified as British citizens and Colonial Citizens (CUKC), granting them the right to reside in the United Kingdom at their discretion. Nevertheless, following Malaysia’s independence, they opted to become Malaysian citizens, thereby relinquishing their original British citizenship. In contrast, the circumstances surrounding Hong Kong are markedly different. The residents of Hong Kong were never afforded the opportunity to elect independence or maintain their affiliation with the United Kingdom; consequently, their national status was altered without sufficient consultation, which is inherently unjust.

It is of greater significance, as previously mentioned, that reliance solely on the goodwill of the British government is insufficient. Given the evolving political landscape, it is increasingly imperative to enshrine the BNO visa within UK legislation to ensure the stability and sustainability of this visa policy. Only through legal frameworks can we effectively safeguard the rights and interests of BNO holders, thereby enabling them to reside and establish their lives in the UK with peace of mind.

Some may question whether the pursuit of BNO equality exclusively benefits individuals holding BNO passports while failing to extend advantages to those possessing Hong Kong SAR passports. However, the importance of advocating for BNO equality transcends this narrow perspective. The profound significance of this movement is rooted in compelling the British government to reassess the Sino-British Joint Declaration and acknowledge the historical injustices inflicted upon Hong Kongers by British colonial rule. It is our aspiration that, through the promotion of BNO equality, we can encourage the British government to take a more proactive role in Hong Kong affairs, safeguard the autonomy and freedoms of Hong Kong, and offer more comprehensive protection for all Hong Kong residents.

The campaign signifies the inception of our journey towards British National Overseas (BNO) equality. We shall persist in collaborating with all sectors to advocate for the British government to confront the inequity faced by BNO holders and to undertake tangible measures that guarantee equitable and just treatment for all individuals holding BNO status in the United Kingdom. We firmly believe that through unity and collective effort, the objective of achieving BNO equality will ultimately be realised.

BNO Passport: A Document Bearing History and Regret

In order to comprehend the necessity of advocating for BNO equality, it is essential to first grasp the specific nature of the BNO passport. The British National (Overseas) passport, also known as the BNO passport, has been issued since 1987 to residents of Hong Kong who possess British National (Overseas) nationality upon application. Although holders of BNO passports are permitted to enter the UK as visitors without a visa, this status does not confer upon them the right of abode within the UK. For long-term residency in the UK, individuals who are non-British citizens and possess a BNO passport are required to apply for and maintain a valid UK residence permit. Nonetheless, similar to British citizens, BNO passport holders have the right to seek consular protection from the UK while overseas. However, it should be noted that certain countries do not acknowledge this status; for instance, the Republic of China, in accordance with Article 4 of the Hong Kong and Macau Relations Act, recognizes individuals holding this passport as Hong Kong residents and, as such, they are not subject to the visa-free entry regulations applicable to British passport holders. Furthermore, the Standing Committee of the National People’s Congress of the People’s Republic of China has interpreted that passport holders in the Hong Kong Special Administrative Region and other territories of the People’s Republic of China may not be entitled to British consular protection by virtue of possessing the British National (Overseas) passport.

To effectively illustrate the injustices experienced by holders of the British National (overseas) passport, it is imperative to examine historical context. The inception of the BNO passport derives from the arrangements established by the British government in 1987, in anticipation of the imminent handover of Hong Kong. During that period, the British government demonstrated reluctance in granting comprehensive British citizenship to all residents of Hong Kong, while nevertheless aspiring to maintain a degree of connection with these individuals following the transfer of sovereignty to China. Consequently, a new status was instituted, termed British National (Overseas), accompanied by the issuance of the BNO passport. It is essential to note that this passport does not confer the right of abode in the United Kingdom to Hong Kong residents and offers only limited consular protection. From the outset, the BNO passport has been perceived by many individuals in Hong Kong as emblematic of second-class citizenship, reflecting a compromise by the British government in its obligation to the populace of Hong Kong.

BNO Visa: A Late Compensation?

In light of the escalating political climate in Hong Kong, particularly following the enactment of the Hong Kong National Security Law in 2020, the British government has ultimately initiated the BNO Visa scheme. This program offers a means for holders of British National (overseas) passports to establish residency in the United Kingdom. The establishment of the BNO visa can be considered a delayed form of restitution for the prior shortcomings of the UK government in safeguarding the interests of Hong Kong residents.

However, it is imperative to note that the current predicament did not emerge abruptly. Many years ago, the British government should have recognised that the Sino-British Joint Declaration, in isolation and lacking any substantial binding force, was insufficient to ensure the future stability of Hong Kong. Had the British government exhibited greater foresight at that time and extended more comprehensive protections to the residents of Hong Kong, such as the provision of full citizenship rights, it is conceivable that Hong Kong would not be confronted with such grave challenges today.

Consider, if the British government had implemented more decisive measures at that time and directly conferred full British citizenship upon the residents of Hong Kong, instead of establishing a British National (overseas) status with limited rights, how might the historical narrative of Hong Kong have been altered?

Residents of Hong Kong may possess increased options: Confronted with the pressures exerted by the Chinese government, individuals holding British citizenship in Hong Kong would have greater freedom to determine their own futures without being compelled to acquiesce to inequitable arrangements.

The British government may exhibit greater resolve: As a staunch supporter of the citizens of Hong Kong, the British government may demonstrate increased determination and be more capable of safeguarding Hong Kong’s autonomy and freedoms during interactions with the Chinese government.

The society of Hong Kong is likely to experience increased stability. With a distinct sense of identity and enhanced mechanisms for protection, it is anticipated that social divisions and antagonism will diminish.

History cannot be rewritten. What we can do now is confront the errors of the past, endeavour to advocate for equitable treatment of BNO holders, and ensure that the British government refrains from repeating the same errors and disappointing the people of Hong Kong once more.

A New Chapter: Can Law Truly Repair Historical Wounds?

We have observed the inequities associated with the British National Overseas (BNO) visa and recognise the significance of advocating for BNO equality. Nevertheless, a more profound inquiry emerges: Can the law genuinely address these historical issues and adequately compensate for the injustices endured by the people of Hong Kong?

The response is not absolute.

Limitations of Law:

As a legal practitioner, I am acutely aware of the limitations inherent in the legal framework. While the law is indeed binding, it should not be regarded as a universal remedy.

The law is incapable of altering history. Regardless of our efforts, we are unable to amend the decisions rendered by the British government in the past regarding the Hong Kong issue. The law cannot compensate for the lost opportunities nor eliminate the grievances endured by the people of Hong Kong.

Interpretation and Enforcement of the Law: Despite efforts to advocate for improved legal provisions, the interpretation and enforcement of the law remain contingent upon human agency. Fluctuations within the political landscape may influence the tangible efficacy of the law.

The symbolic significance of the law is, at times, considerably greater than its practical effect. Although the law itself may not resolve all issues, it serves to communicate a vital message: society prioritises fairness and justice.

Importance of Law:

Notwithstanding the limitations, one cannot overlook the significance of the law.

Ensure substantive protection: Legislation can offer substantive protection for BNO holders, guaranteeing that they possess the same rights as other citizens in the United Kingdom and are safeguarded against discrimination.

Establishing a Legal Framework for Rights: The enshrinement of the BNO visa within statutory law can create a robust foundation for the rights of BNO holders in the United Kingdom, thereby providing them with an enhanced sense of security and confidence.

Encouraging social transformation: Legislative changes frequently result in alterations to the social landscape, facilitating the development of a more equitable and inclusive society.

The Pathway to BNO Equality: Legislation Represents Merely the Commencement

Therefore, we must look at BNO equality from a more comprehensive perspective. Of course, law is Consequently, it is imperative to examine BNO equality from a more comprehensive perspective. Undoubtedly, the law holds significance; however, it serves merely as the initial point in our quest for fairness and justice, rather than the conclusion.important, but it is only the starting point of our pursuit of fairness and justice, not the end.

(1) At the legal level, what actions may we pursue at this juncture?

Advocate for legal recourse: Initiate legal proceedings to contest the evidently inequitable provisions outlined in the BNO visa policy, including the restrictions placed on the identity of dependents of BNO holders, and seek to challenge its legality.

Engage in active advocacy with members of Parliament to amend relevant legislation: Actively engage members of the British Parliament to encourage amendments to pertinent laws, including modifications to the British Nationality Act, in order to establish a clearer and more accessible pathway to citizenship for holders of British National Overseas status.

Offer legal assistance: Extend complimentary or affordable legal guidance and support to BNO holders to facilitate their comprehension of their rights and furnish legal aid when deemed necessary.

(2) In non-legal contexts, what additional methods can we employ to exert effort?

Ongoing social advocacy: It is imperative that we persist in disseminating information regarding the historical context and present conditions of Hong Kong to British society while elevating social awareness concerning BNO issues. We should organise lectures, exhibitions, marches, and various activities to increase public understanding of the challenges encountered by BNO holders.

Cross-community cooperation: It is imperative to establish relationships with diverse communities, including immigrant populations and human rights organizations, in order to collectively advocate for more equitable social policies.

Sustained focus on Hong Kong: It is imperative that we maintain our attention on the circumstances in Hong Kong and advocate for its freedom and autonomy. By engaging in international advocacy, issuing formal statements, and employing additional methods, we will endeavour to apply pressure on the international community, urging them to acknowledge the human rights situation in Hong Kong.

Within the BNO community, it is essential to reinforce our connections with the British government. It is imperative that we maintain ongoing communication with British government officials to ensure they comprehend the challenges faced by individuals from Hong Kong.

The journey towards equality for BNO individuals is a lengthy and challenging endeavour. It is imperative that we secure legal protections and bolster social support alongside coordinated efforts. Let us collaborate to forge a brighter future for the people of Hong Kong and for all who strive for fairness and justice.