Former Hong Kong opposition leader Wu Chi-wai, who has been granted permission to enter the United Kingdom, will not be deported despite earlier complications in his attempt to settle in the country, the British immigration minister has confirmed.
In a written reply on Thursday to former Hong Kong governor Chris Patten, UK Minister for Migration and Citizenship Jo White stressed that overseas convictions should not lead to the automatic refusal of settlement applications under the British National (Overseas) route.
Wu, former chairman of the now-defunct Democratic Party and an ex-lawmaker, was initially refused entry at London Heathrow Airport earlier this month before being granted temporary admission.
He was released from a Hong Kong prison in late June after serving four years and five months in a landmark subversion case linked to his role in a 2020 unofficial primary election.
It was reported that Wu was considering applying for the BN(O) pathway to UK citizenship to reunite with his family who already live in Britain.
Wu was first only granted seven days’ temporary admission, before he was informed that he could remain as a visitor for six months after public intervention by rights advocates, including Patten, who wrote to the government urging the Home Office to offer guidelines to caseworkers and border security officers on handling cases of those facing “political persecution” to ensure they are not unfairly excluded from the scheme.
In the letter, White said that standard immigration rules regarding criminality and other adverse behaviour also applied to BN(O) applicants, but stressed there was also flexibility.
“All applications are carefully assessed against the latest country information, and guidance for caseworkers provides flexibility to ensure that overseas convictions for offences not recognised in the UK, as well as convictions for offences that may carry a much higher penalty overseas than an equivalent offence would in the UK, do not result in the automatic refusal of an application,” she wrote.
“Where an individual asserts that their actions were politically motivated, or raises concerns about the circumstances of their conviction, caseworkers will consider any relevant evidence provided in support of those claims alongside all other available evidence, including relevant court findings, before reaching a decision based on the totality of the evidence available.”
She said the Home Office did recognise the importance of considering the individual circumstances of each case.
“Regarding Mr Wu, I can confirm that, following further engagement with him, he was granted permission to enter the UK and is not facing deportation or removal,” White said.
Without naming Wu, she stressed that those who entered the UK as a visitor or via other routes might also apply for the BN(O) pathway within the country provided they meet the relevant requirements.
A UK Home Office spokesman earlier told the South China Morning Post that authorities were working to resolve the situation but declined to comment on individual cases.
Wu, 63, was among 45 former politicians and activists convicted of conspiracy to subvert state power under the national security law for their roles in the 2020 pan-democratic camp’s unofficial primary election. Two others were acquitted.
He pleaded guilty and was sentenced to four years and five months in prison.
The High Court ruled that the primary, which aimed to boost the opposition’s chances of securing a legislative majority, formed part of a plan to “undermine, destroy or overthrow” authorities.
Introduced in 2021, the BN(O) scheme allows eligible Hongkongers and their dependents to live, work and study in Britain, with a path to citizenship after five years. -- SOUTH CHINA MORNING POST
