Citizenship and Immigration Committee on Feb. 17th, 2021

[Some hon. members]

Agreed.

[The Chair, Liberal, Salma Zahid]

I see no objections, Ms. Kwan.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much, Madam Chair.

I'll speak very briefly about the motion.

The intention is to bring forward VFS Global to the committee so we can question VFS Global, as we know through the media—and particularly The Globe and Mail has done some extensive reporting on this—that the Canadian government has contracted out the visa office work to VFS Global. We also learned through The Globe and Mail that the subcontract of VFS Global in China is a company owned by the Beijing police. This ought to be cause for concern for all committee members, and most notably for the people who might be trying to access immigration measures through the VAC overseas.

Given the sensitive nature of the situation, particularly for the people in Hong Kong who may be seeking to get to safety here in Canada, with the implication of the Chinese government's national security law, the information the VAC received is particularly sensitive. I think it is very important that we undertake to have VFS Global come before the committee to testify so we may put questions to them and ensure this issue is addressed through this study.

Madam Chair, I hope committee members will support this motion as part of the Hong Kong study.

[The Chair, Liberal, Salma Zahid]

Madame Martinez Ferrada, go ahead.

[Soraya Martinez Ferrada, Liberal, Hochelaga, QC]

Thank you, Madam Chair.

We are comfortable and in full agreement with my colleague Ms. Kwan's motion. I am therefore calling for a vote on the motion so that we can move forward quickly with the study before us. The witnesses are already present and waiting for us to hear from them.

[Jenny Kwan, NDP, Vancouver East, BC]

Can I get a recorded vote, Madam Chair?

[The Chair, Liberal, Salma Zahid]

Seeing no further hands up, can I please request that the clerk conduct the vote?

[The Clerk]

The question is on the motion by Ms. Kwan—

[Alexis Brunelle-Duceppe, Bloc, Lac-Saint-Jean, QC]

A point of order, Madam Chair. This is going very quickly. We called for the vote and no one spoke.

[Alexis Brunelle-Duceppe, Bloc, Lac-Saint-Jean, QC]

I just want to make sure that the motion is non-binding.

[The Chair, Liberal, Salma Zahid]

The clerk is conducting a vote right now.

Is there any clarification you need?

[Alexis Brunelle-Duceppe, Bloc, Lac-Saint-Jean, QC]

Yes, I'd like to make sure that the motion is non-binding. Once we have established that, I will be happy to vote in favour of the motion.

[The Chair, Liberal, Salma Zahid]

Mr. Clerk, can you please clarify Mr. Brunelle-Duceppe's interruption about the non-binding motion? There are no conditions attached to this motion.

[The Clerk]

The motion was distributed. I'm not sure I understand your question, sir.

[Alexis Brunelle-Duceppe, Bloc, Lac-Saint-Jean, QC]

It means that, if the witness cannot appear, we will not add an hour to the study. That is exactly what non-binding means. Ms. Kwan's witness absolutely must appear in order for us to add an hour to the study. Otherwise, the situation is very different.

Can we agree on that?

[The Chair, Liberal, Salma Zahid]

Thank you, Mr. Brunelle-Duceppe. Yes, we are voting on a motion as presented by Ms. Kwan. If we vote in favour, we will be adding one hour with that witness.

I can repeat Ms. Kwan's motion, just for clarification:

That, regarding the study of special immigration and refugee measures for the people of Hong Kong, the committee allocate one additional hour to the study to invite representatives of VFS Global to testify for one hour, and that this meeting take place not later than February 24, 2021.

Mr. Clerk, please continue with the vote.

(Motion agreed to: yeas 9; nays 0)

The motion is adopted. Thank you.

Pursuant to Standing Order 108(2), the committee is resuming its study of immigration and refugee measures for the people of Hong Kong.

Today's meeting is taking place in virtual or hybrid format, pursuant to the House order of January 25, 2021. The proceedings will be made available via the House of Commons website. The webcast will always display the person speaking rather than the entirety of the committee. I would like to take this opportunity to remind all meeting participants that screenshots or taking photos of your screen is not permitted.

For those participating virtually, I would like to outline a few rules to follow. Members and witnesses may speak in the official language of their choice. Interpretation services are available for this meeting. You have the choice, at the bottom of your screen, of floor, English or French. With the latest Zoom version, you may now speak in the language of your choice without the need to select the corresponding language channel. You will also notice that the platform's “raise hand” feature is now in a more visible location, on the main toolbar, should you wish to speak or alert the chair.

For members participating in person, proceed as you usually would when the whole committee is meeting in person or in a committee room.

Before speaking, please wait until you are recognized by the chair. If you are on video conference, please click on the microphone icon to unmute yourself. For those in the room, your microphone will be controlled as normal by the proceedings and verification officer. All comments by members and witnesses should be addressed through the chair. When you are not speaking, your microphone should be on mute.

With regard to a speakers list, the committee clerk and I will do the best we can to maintain a consolidated order of speaking for all members, whether they are participating virtually or in person.

With that, I would like to welcome all of the witnesses for our first panel. We have Ms. Mabel Tung, chair of Vancouver Society in Support of Democratic Movement; Ms. Joey Siu, associate of Hong Kong Watch; and Mr. Nathan Law, appearing as an individual, is a Hong Kong activist and former legislator.

We will start with Madame Tung, chair of Vancouver Society in Support of Democratic Movement.

Madame Tung, you have five minutes for your opening remarks. The floor is yours.

[Mabel Tung, Chair, Vancouver Society in Support of Democratic Movement]

Thank you.

I thank you for the opportunity to speak with you today. The Vancouver Society in Support of Democratic Movement, or VSSDM, was founded in June 1989 after the June 4 Tiananmen Square massacre. The organization works to advocate for and advance democracy, freedom and human rights. We also offer support to those who left China for Canada to flee political persecution so that they could become contributing members of Canadian society. Ever since—

[Alexis Brunelle-Duceppe, Bloc, Lac-Saint-Jean, QC]

A point of order, Madam Chair.

I am truly sorry to interrupt the witness, but we have no interpretation into French right now.

[Mabel Tung]

Okay. Should I continue?

[Alexis Brunelle-Duceppe, Bloc, Lac-Saint-Jean, QC]

Now we do. We can continue.

Thank you very much, Ms. Tung.

Go ahead. It is working.

[Mabel Tung]

Ever since Hong Kong was handed over to China in 1997 its people have strived to protect their way of life and their system of government. In July 2020, China imposed a sweeping national security law, stripping the city of any remnants of autonomy, civil and social freedom. Tens of thousands turned out to protest this new legislation. Thousands were arrested and hundreds were imprisoned.

In 2021, the mass arrests have intensified. Pro-democracy legislators, democracy activists, a media tycoon and a human rights lawyer are on the list. Some are held, being denied bail.

Many Hong Kongers who participated in the movement fear they will face the same fate as the student protesters in Tiananmen Square 32 years ago. They look to western democracies for protection and safe harbour. Already 46 Hong Kong citizens are seeking asylum in Canada.

We urge the Government of Canada to lend support to Hong Kongers seeking political asylum. We welcome the new open work permits for Hong Kong residents announced by Minister Mendicino as a major step when it comes to helping young activists become integrated into Canadian society.

To make the new policy more accessible to activists under imminent persecution, we submit the following recommendations:

First, appoint a designated commissioner within the Canadian consulate in Hong Kong to handle, with utmost confidentiality, cases from political asylum seekers, including vetting, background checking and evidence gathering to establish the validity of their claims. This commissioner can enlist the help of prominent Canadian civil rights organizations such as VSSDM, which have direct connections with Hong Kong civil society. In urgent situations, we recommend providing temporary resident permits with special quotas to activists who need to leave Hong Kong and complete the application process within Canada.

Second, broaden family reunification, including for siblings and extended family. This would be another way for more young activists to flee Hong Kong. Again, in urgent situations, we also recommend providing temporary resident permits to activists who need to leave Hong Kong and complete their application within Canada.

Third, provide grants or loans to asylum seekers. Instead of applying for refugee status, asylum seekers would receive a loan to further their studies and they would pay back the loan in the same way that one pays back student loans. This way the federal government would not be required to pay any financial assistance, thereby saving taxpayers' money. Furthermore, this would save the activists from having to live through a year of uncertainty.

Number four, support former Canadian citizens who returned to Hong Kong and ran for public office in the pan-democracy camp. These Canadians were required to give up their Canadian citizenship. These legislators have subsequently been either disqualified to run or stripped of their seats under the national security law. We ask that the Canadian government grant them pathways to regain their Canadian citizenship, such as giving them permanent resident status to work towards citizenship.

Number five, extend the visas of Hong Kongers currently residing in Canada under the temporary work permit who participated in protest actions in various Canadian cities since 2019. They face an uncertain future. They fear returning to Hong Kong only to be arrested or barred from leaving the city, or remaining in Canada without proper status. We recommend allowing for an application to extend their existing visa to a five-year visa with an expedited pathway towards obtaining permanent resident status.

[The Chair, Liberal, Salma Zahid]

I'm sorry for interrupting, Ms. Tung. Your time is up.

We will now move on to Madame Siu.

Madame Siu, you have five minutes for your opening remarks. The floor is yours. Please start.

[Joey Siu, Associate, Hong Kong Watch]

Good evening, Madam Chair and members of the committee. Thank you for arranging this hearing and inviting me to testify.

Hong Kong's pro-democracy movement kicked off in June 2019, and the world has witnessed how the Chinese communist regime has been continuing its cruel crackdown on the city's long-cherished freedom and rights.

In November 2019, I came to Ottawa, after the tragic sieges of the universities and the landslide victory in the district council election, for a cross-party discussion, chaired by MP Garnett Genuis, to give a briefing on Hong Kong's situation. The remarkable election results gave the people of Hong Kong a glimpse of hope, but unfortunately the situation deteriorated very rapidly after that.

The imposition of the national security law in July 2020, cancellation of our legislative council election, disqualification of democratic lawmakers, suppression of freedom of expression and also attacks on judiciary independence all amount to the picture of Beijing's very brutal dismantling of Hong Kong's core values. We've seen a grave breach of the promises made in the Sino-British Joint Declaration.

The national security legislation criminalizes—

[Soraya Martinez Ferrada, Liberal, Hochelaga, QC]

A point of order, Madam Chair.

I apologize for cutting off the witness.

Can we ask her to speak a little more slowly? The interpreter is having trouble interpreting into French.

Could she speak more slowly and adjust the mike? We can't hear very well.

[Joey Siu]

Yes. Thank you. I will continue.

Imposed in July 2020, the national security legislation criminalizes even the most trivial forms of protest and any kind of disobedience to the Chinese communist regime. It is not only me or Nathan or any other Hong Kong activists who are becoming subjects of the national security law; it is also any Canadian in Hong Kong or here in Canada who has ever expressed support for the pro-democracy struggle in Hong Kong.

Since the implementation of this national security legislation, more than a hundred Hong Kongers have been arrested—and most recently, there are 55 prominent political figures, including activists, lawyers and academics from the whole political spectrum—under the fake charges of subversion of state, simply because of their participation in the democratic primaries. All of these arrestees are facing not only a very serious sentencing but also the possibility of extradition back to mainland China.

The chief executive of Hong Kong is empowered to designate judges who will be handling national security cases, and Hong Kong's national security department itself can request the Chinese government's exercise of jurisdiction over cases that are considered to be complex or serious. As Hong Kong's judges rightfully dismiss the most ridiculous charges against protesters, the government will more frequently exercise these options to avoid them.

My organization, Hong Kong Watch, has been working very closely with partners across the globe, including from the U.K., the U.S., the EU and Australia, to call for a global lifeboat scheme. Since our founding in 2017, we have championed the rights of BNOs overseas. In July 2020, the U.K. announced its new policy to provide a pathway to citizenship for BNO passport holders, which came into effect last month. Up to 750,000 BNO holders from Hong Kong are expected to take up this scheme.

We applaud the Canadian government's decision of joining the two countries in November of last year to provide a safe haven for Hong Kongers, offering Hong Kongers the opportunity to relocate. Given the complicated situation that Canada is in with its two citizens being held hostage by Beijing, we recognize and praise the courage it took for Canada to live up to its historical relationship to Hong Kong.

However, a lot of people will still fall through the gaps in these policies. The young talents scheme, which partially came into effect on February 8 and expires in February 2023, requires top qualifications and a level of funding that excludes some of the most politically exposed protesters. The sunset nature of the open work visa permit policy leaves behind young protesters who are graduating after 2023. Also, the very complicated asylum procedures are preventing protesters without adequate legal support from applying, while family reunification only covers a very small number of Hong Kongers with close Canadian family members.

As Hong Kong's situation continues to worsen, it is crucial for Canada to continue to work alongside like-minded partners and to take prompt actions to improve the existing schemes. Below are a few recommendations that we believe could create a road map for improving the policy.

First, it was guaranteed that protesters arrested or charged under the national security law would not be deprived of the opportunity of filing asylum applications. However, among the 10,000 protesters arrested since 2019, most of them were charged under the public order ordinance about rioting or participating in unlawful assembly. We encourage the Canadian government to also promise that these arrestees and Hong Kong protesters will be guaranteed an opportunity to file asylum—