Citizenship and Immigration Committee on June 3rd, 2024

[Greg McLean, Conservative, Calgary Centre, AB]

It needs to be louder. The speaker needs to be louder.

[The Chair, Liberal, Sukh Dhaliwal]

Mabel, can you say a few words, just to say hello to all the committee members?

[Mabel Tung]

Hello. Good morning, everyone.

[The Chair, Liberal, Sukh Dhaliwal]

Now I'm going to start the clock again.

Please go ahead, Madam Tung.

[Mabel Tung]

Thank you for having me here. My name is Mabel Tung, chair of the Vancouver Society in Support of Democratic Movement, VSSDM. Our organization was founded after the Beijing Tiananmen Square massacre on June 4, 1989. Our mission is the advocacy and advancement of democracy, freedom, human rights and rule of law.

Since its inception, the VSSDM has been working tirelessly to speak out against injustice and human rights violations in any part of the world. Since 2019, our organization has been working in aid of many Hong Kongers who have had to flee because of their involvement in pro-democracy work. Ever since the forced imposition of the draconian national security law in March 2020, the lives of persons of conscience have become more dangerous every day.

On March 23 of this year, Hong Kong's puppet government unanimously passed into law the now infamous article 23, ostensibly to protect key national interests. Article 23 expands upon Beijing's national security law, allowing closed-door trials and giving the police rights to detain suspects without charge for up to 16 days. Hong Kong residents can now be arrested for the flimsy excuse under the catch-all and vague offences of endangering national security, colluding with foreign forces, insurrection and treason. If found guilty, the accused can be sentenced to life in prison. Any Hong Konger of conscience will be unsafe to continue to reside in Hong Kong or to return to this once free and vibrant city.

The recent announcement on May 27 by the Canadian government, allowing Hong Kongers to apply for an extension of their work permit, is just a band-aid measure. It does not address the main issues of obtaining permanent residency status. Consequently, applicants will continue to live in a state of prolonged uncertainty, exacerbating their already high level of anxiety and insecurity as exiles from their homeland.

Let me share a story from a Hong Konger in a very distressing situation:

“I graduated in 2016. I came in August 2021 with a work permit, which will soon expire on August 7. At that time, the requirement for getting PR was within 5 years post-graduation. Before the release of Stream B (extending the 5 years post-graduation to 10 years post-graduation), my Plan B was to study and get PR through Stream A. So, I submitted all my applications to school and received the student visa in May 2023. Then they released Stream B (extending the 5 years to 10 years) in July. I decided to continue with my studies because I expected it would take about six months to get PR.

“In December 2023, I received a pre-arrival letter from IRCC, which made me believe that my PR would come soon. In January 2024, my mom in Hong Kong had surgery. It wasn't a major surgery but it still caused a financial burden for my family. Up to now, I am still paying international student tuition fees. After May 2024, all student visa holders can't work over 20 hours a week. The delay in getting PR means I am still paying international student tuition fees, and I may have to consider quitting school or deferring. However, the new extension policy seems inapplicable because no one has received a letter called Acknowledgement of Receipt of PR application (AOR). If I defer or quit school, I will no longer have my student visa, and my work visa will expire. As a result, I will not be legally allowed to stay in Canada anymore.”

This is just one example. We have more Hong Kong distress cases in our file.

We at VSSDM strongly urge the government to provide updated information and resources to frontline officers at immigration processing centres, enabling them to, first, speed up the application process and eliminate unnecessary or unfair rejection of applicants; second, automatically renew work permits; and third, increase humanitarian and compassionate considerations in applications for permanent residency in Canada.

The people of Hong Kong are suffering. They are being suffocated by the authoritarian regime of the People's Republic of China. They are asking for your help. They are asking for our help as well. We urge that you give these recommendations your most serious consideration.

Thank you for your time.

[The Chair, Liberal, Sukh Dhaliwal]

Thank you very much, Ms. Tung. That was four minutes and 59 seconds.

We will now go to the honourable members.

Honourable members, if you can, please point out who your question is for. That will help. To begin, I will go to Calgary Centre and my dear friend Mr. McLean.

Go ahead, please, for six minutes.

[Greg McLean, Conservative, Calgary Centre, AB]

Thank you, Mr. Chair.

My remarks today will be, I think, totally delivered to Madam Calverley. Thank you very much.

However, thank you to all of the witnesses for coming and giving testimony here today. It's wonderful to hear your input at this committee. We've been expecting it for a long time.

Our job here, of course, is to make sure that we get a pathway for Hong Kongers to get into Canada as seamlessly as possible. We want to make sure we have a ready stream available for all kinds of Hong Kong immigrants to come to Canada.

One of those necessities is, of course, income security once you get here. That income security is predicated upon the Mandatory Provident Fund Schemes Authority and the rules that existed in order to get that money that was deducted from paycheques in Hong Kong over and available for the people who are moving to Canada and want to set up lives here, so that they have some financial security here as well.

Madam Calverley, here is the first question. The mandatory provident fund, just for perspective, is a mandatory deduction of 5% from the paycheques of everybody working in Hong Kong, kind of like the CPPIB—the Canada pension plan—in Canada. Is that correct?

[Aileen Calverley]

It is similar, but it's not government-owned. Instead, the deduction goes to a financial company like Manulife or Sun Life; they are called trustees. The money actually stays with the financial company instead of in the government.

[Greg McLean, Conservative, Calgary Centre, AB]

Thank you. It would be, as we say, a trustee holding it on behalf of the people.

Prior to 2021, when the Hong Kong special administration regime actually changed its mind about how this was going, those mandatory provident fund funds would transfer when people changed their location. Is that correct?

[Aileen Calverley]

In 2021, the Hong Kong government—actually, the MPFA—issued a statement saying that it doesn't recognize a BNO passport as a valid travel document. Somehow financial companies, including Manulife and Sun Life, block Hong Kongers from restoring their savings if they use a BNO passport as a form of identity.

However, I would like to make it very clear: The Hong Kong government issued this statement, but there's no law change under the MPF scheme. It is very important. I can share the legal argument with parliamentarians after this meeting. It is very clear that there is no change to the trustee deed.

If the Hong Kong government changes the deed, then the trustee needs to follow the change. There's been no change; therefore, all the trustees, including Manulife and Sun Life, need to follow the law in Hong Kong and release Hong Kong people's retirement savings. That's unless there's a change and an added clause to the law under the MPF scheme.

That's why a lot of Hong Kongers have received replies from financial companies, saying that they have not submitted the right document. Actually, they have submitted everything.

[Greg McLean, Conservative, Calgary Centre, AB]

Thank you very much, Madam Calverley.

Thanks for all the research that your organization, Hong Kong Watch, has done on this, because your numbers are compelling. However, the issue, of course, that we're seeing here, as you pointed out, is that we have 60,000 applicants in the queue to gain Canadian citizenship here, but only 445 were approved in the first quarter this year. We obviously have a long queue here, but that queue is going to be dependent, of course, on arriving with your assets.

Just give me some perspective. You've pointed out to us in your documents here that the average size is $38,600 Canadian per person. Therefore, with 60,000 Canadians coming over, there's going to have to be some replacement support. These people are going to have to earn, one way or another, in order to maintain the retirement lifestyle that they've contributed to their whole working life. Is that correct?

[Aileen Calverley]

Yes, thank you.

It is very important that Hong Kongers moving to Canada have access to their retirement savings, because a lot of them rely on this fund to settle in Canada. A lot of them try to find a job. It's not that easy. Even if they find a job, they cannot find one in the profession they were in back in Hong Kong. A lot of them rush to do any casual job to fulfill their stream B requirement to work over 1,600 hours.

[Greg McLean, Conservative, Calgary Centre, AB]

I have one last question.

I'm sorry, Madame Calverley. I know you presented this with a sample of the card. What would you suggest should change on that card, very clearly, so there is less discrimination from the BNO transfer into Canadian permanent residency and citizenship?

[Aileen Calverley]

It is the PR card. Somehow, on our PR card, there's a nationality. This means that it shows where you were from before you came to Canada. A lot of Hong Kongers use either the Hong Kong passport or the BNO passport to apply for an open work permit here. Somehow, for BNO passport holders, it shows GBN. That's also an excuse for trustees like Manulife and Sun Life to reject their application.

I would suggest, if possible, that there's no need to show their previous nationality. That will help them a great deal.

Thank you.

[The Chair, Liberal, Sukh Dhaliwal]

Thank you very much.

Now we will go to Parliamentary Secretary Chiang.

Mr. Chiang, you have six minutes.

[Paul Chiang, Liberal, Markham—Unionville, ON]

Thank you, Mr. Chair, and I'd like to thank the witnesses for being here with us today.

My question is for all three witnesses—whoever would like to answer my question. I would appreciate that. My question is a little long.

In 2021, IRCC launched a special measure that allows eligible Hong Kong residents with recently completed post-secondary studies to apply for an open work permit, which permits up to three years for those with post-secondary studies completed in the last five years, along with eligible accompanying family members. In 2023, IRCC extended the open work permit measures by an additional two years and expanded eligibility to Hong Kong residents who graduated within the past 10 years.

They also put in place two new pathways to permanent residency, providing eligible Hong Kong residents in Canada with the opportunity to build their lives here. The first pathway is for those who graduated from a designated post-secondary learning institution in Canada in the past three years with a degree, diploma, graduate or postgraduate credential. At least 50% of their program of study must have been completed while physically present in Canada, either in person or online. These individuals can apply directly for permanent residency. The second pathway targets former Hong Kong residents who gained a minimum of one year of full-time authorized work experience in Canada or the equivalent in part-time work experience in Canada at any skill level in the last three years.

In August 2023, IRCC expanded the stream by removing the education system. IRCC will continue to monitor the situation in Hong Kong to ensure our immigration program remains responsive to the needs of Hong Kong residents wishing to come to Canada.

In your view, what additional measures can the government take to ensure that Hong Kongers know they are safe here in Canada?

[The Chair, Liberal, Sukh Dhaliwal]

Please go ahead, Mr. Wong.

[Andy Wong]

Thank you, Mr. Chair.

The simplest way, of course, is to expedite PR applications. That is the ultimate goal. That's the only way people would feel they really have settled in Canada. Yes, providing an open permit, as the committee motioned earlier, will help. The problem is that it's still temporary status.

Even worse is waiting for the open work permit. They need to go through a very long processing time. It's over half a year now. They fall into that “maintained” status I mentioned in my speech. That is a huge problem. In the short run, if we don't take them out of maintained status, they will be very unstable and in limbo. Ultimately, it's PR that's most important.

Thank you.

[Paul Chiang, Liberal, Markham—Unionville, ON]

Would Ms. Calverley like to add to that?

[Aileen Calverley]

Yes, I would like to raise that the majority of applicants who apply for that OWP are rejected. Now they have to wait up to eight months. We have the new scheme, which is good, but somehow, on the website, it requires applicants to submit an AOR, an acknowledgement of receipt, so 99% of the applicants don't have it. I wonder whether IRCC can clarify that or waive that. That's very important.

Another one is a very good scheme to help people from Hong Kong; however, a police certificate is required. That is another big issue. One famous Hong Kong activist tried to apply through the eTA to come to Canada. After over two months, there was no result and no reply. I wonder why someone like him, Ray Wong, got refugee status in Germany but cannot come to Canada.

I want to raise that now, with the waiting time with the open work permit, people will have to wait seven years to get PR status if we keep approving only 335 applicants per quarter.

[The Chair, Liberal, Sukh Dhaliwal]

Thank you.

Honourable member, do you want Madam Tung to answer as well?

[Mabel Tung]

Yes, I want to say that more information resources to the immigration processing centre would be helpful, because some of the unfairly rejected applications are due to some of the officers' lack of information or understanding of what the pathway really means to some Hong Kongers. It would be great if you could give more information and resources to those officers.

[The Chair, Liberal, Sukh Dhaliwal]

Thank you.

Your time is up, Mr. Chiang. You have had six minutes and 10 seconds. I'm sorry, but we will come back to you.

Now we will go to Mr. Brunelle-Duceppe.

Mr. Brunelle-Duceppe, please go ahead.

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

Thank you, Mr. Chair.

I want to thank all the witnesses here today for this vital study.

My question is for Ms. Calverley. I would just like to discuss the recent verdict against 47 Hong Kong democrats, who allegedly organized an unofficial primary election. They were charged with violating the national security law. I think that we can say that this verdict is a clear attack on democracy.

I want to give you the opportunity to reiterate your requests to the Canadian government and the international community regarding the safety of Hong Kongers and sanctions against Hong Kong.

[Aileen Calverley]

Yes, this occurred last week. There were 14 who pleaded guilty. Among the 47, 45 will be imprisoned. Of course, the majority of them have already been in prison for over three years. This is injustice. Canada needs to do more to help these people. We have over 300,000 Hong Kongers living in Hong Kong who are Canadian citizens. They are under threat.

I appreciate our government's issuing a statement to condemn the verdict and the violation of human rights in Hong Kong, but Canada needs to do more. I have not seen any action from Canada more than just a statement of peace. An official sanction to accompany it is essential to stop this going forward.