Citizenship and Immigration Committee on June 5th, 2024

[James McNamee]

We are concerned because the law may put people currently living in Hong Kong in danger. That is why we've put in place programs to help people who would like to leave Hong Kong and those who want to stay in Canada and benefit from our protection.

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

You agree that this law is dangerous. At least, you told us you had concerns that international human rights were at stake.

Since you acknowledge that the situation is worrisome in terms of possible human rights violations, shouldn't special measures be put in place for people who are victimized because of the law?

[James McNamee]

Canada already has programs to help people in certain situations. We have a refugee program, where we admit a number of people every year who—

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

Excuse me, Mr. Chair.

Aren't we talking about Hong Kong, Mr. McNamee?

[James McNamee]

Yes, that's right.

Hong Kong citizens can also participate in these programs if they feel they are in danger. However, we also announced measures to help people who would like to leave Hong Kong and those who would like to stay in Canada and benefit from our protection.

We have tools to help them.

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

We're just trying to understand. We know you are acting in good faith on this issue.

You acknowledge that the new national security law passed by the Hong Kong authorities violates human rights. Representatives of Canadian financial institutions in Hong Kong appeared before the committee. They told us that they had to operate according to the rules of the countries where their institutions are located. These are Canadian institutions that are saying they can't do otherwise.

You acknowledge that human rights are being violated, but at the same time, organizations like Hong Kong Watch and Canada-Hong Kong Link are telling us that people want to withdraw their money and can't because Canadian financial institutions have to follow the rules of an authoritarian regime. In the meantime, Canada is not putting in place special measures to counter what Hong Kong is doing and allow these people to withdraw their money.

I think everyone here is acting in good faith. What we are asking you is to find a creative way to ensure that these people can follow the rules of Canadian institutions, withdraw their money and survive until they get their coveted permanent residency.

Is your department trying to think outside the box in order to get these people out? As you've acknowledged, they are victims of human rights violations.

[The Chair, Liberal, Sukh Dhaliwal]

Mr. McNamee, go ahead, please.

[James McNamee]

First of all, the Department of Citizenship and Immigration has nothing to do with the rules of the financial system.

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

I'm sorry, but your premise is all wrong.

We are talking about financial transactions related to permanent residency. Your department is responsible for processing applications for permanent residency. Therefore, you have everything to do with what financial institutions are requiring to allow these people to withdraw their money.

I'll let you answer again.

[The Chair, Liberal, Sukh Dhaliwal]

Mr. McNamee, do you want to add something?

[James McNamee]

Some of my colleagues who are here with me could explain the rules on how to handle the information we receive on permanent residency.

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

Mr. Chair, do I have any time left?

[The Chair, Liberal, Sukh Dhaliwal]

You have a minute.

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

Unfortunately, I get the impression that the department isn't able to think creatively to find solutions to a situation where even it admits that there are human rights violations.

Ms. Chen, you play a fairly major role at the Department of Foreign Affairs, Trade and Development. I imagine that you too are concerned about the national security law.

You've obviously heard of Jimmy Lai. Do you think he's getting a fair trial?

[The Chair, Liberal, Sukh Dhaliwal]

Madam Chen.

[Jennie Chen, Executive Director, Greater China Political and Coordination, Department of Foreign Affairs, Trade and Development]

Thank you, Mr. Chair.

Yes, we are aware of the case of Mr. Jimmy Lai, a U.K. citizen currently on trial under the national security law. We have repeatedly expressed concerns to Hong Kong authorities about the trial of Mr. Lai, and others also being tried under that law.

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

Are you going to advise Ms. Joly, the Minister of Foreign Affairs, to demand the immediate release of Mr. Lai? He is currently being tried under a law that, as has been confirmed, is worrisome in terms of human rights.

[Jennie Chen]

Thank you, Mr. Chair.

I can tell you that we have repeatedly expressed concerns about the national security law. Actually, at the recent universal periodic review in Geneva at the Human Rights Council, we called for the NSL's full repeal, because of our concerns about that law.

[The Chair, Liberal, Sukh Dhaliwal]

Thank you very much.

We will go to Madam Kwan.

Madam Kwan, you have six minutes. Please go ahead.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much, Mr. Chair, and thank you to the witnesses.

My first question is for the Finance officials.

Yesterday, we were advised by Manulife and Sun Life that in order for Hong Kongers to be able to access their pension funds, they have to, because of the regulations, produce documentation to show that they're either a citizen or a permanent resident in an alternate country.

Could you advise and confirm for us if those regulations are Canadian regulations?

[Sven Linkruus]

Those regulations are the requirements of the Hong Kong regulatory authorities in order to release money from the funds. Those are the regulations and rules that the Canadian financial institutions, whose subsidiaries are in Hong Kong, have to follow.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much.

In accordance with those regulations, are you aware if there are any provisions that would make an allowance for people who, for example, are fleeing persecution and, therefore, may not be able to readily produce documentation to verify that they have secure permanent residency elsewhere? Are there provisions within those regulations that would recognize that?

[Sven Linkruus]

I don't have any information on the specific content or, perhaps, exceptions that might be in the Hong Kong regulations.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you.

I do not believe that they are. I tried to ask the question of both Sun Life and Manulife yesterday, and they didn't answer my question directly, but that seems to be the case.

With that being said, I'm going to go to Global Affairs with my next question.

These are Canadian institutions, and these are individuals—Hong Kongers—who have come to Canada seeking the lifeboat scheme precisely because they've been persecuted, some of them under the national security law and others for their activities in a pro-democracy movement.

In light of this, what action will Global Affairs take to help Hong Kongers access their pension funds for those who are here in Canada?

[Jennie Chen]

Like others, I'm not aware of any specific cases that would have been brought forward. If you are aware of any specific cases, we would invite them to bring them to our attention.