Tibet (Reciprocal Access) Bill (HC Bill 429)

A

BILL

TO

Require the Secretary of State to report annually on restrictions on access by UK
nationals to Tibet in comparison with other regions of China; to make provision to
deny persons involved in imposing such restrictions permission to enter the UK; and
for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Reports on access to Tibetan areas

(1) The Secretary of State must prepare reports assessing the level of access
granted to United Kingdom nationals to Tibetan areas by Chinese authorities.

(2) Those reports must consider United Kingdom nationals who are—

(a) 5diplomats and other officials,

(b) journalists, and

(c) tourists.

(3) The Secretary of State must lay before Parliament the first report prepared
under subsection (1) no later than 90 days after the day on which this Act
10comes into force.

(4) The Secretary of State must lay before Parliament a further report under
subsection (1) in each of the five calendar years after the year in which the
report under subsection (3) is laid.

(5) Any report laid under subsection (1) must include—

(a) 15a comparison with the level of access granted to other areas of China;

(b) a comparison between the levels of access granted to Tibetan areas and
to other parts of the provinces containing those areas; and

(c) a description of any permit requirements or other measures impeding
the freedom to travel in Tibetan areas.

(6) 20Any report laid under subsection (4) must include a comparison of the relative
levels of access identified under subsections (5)(a) and (5)(b) with those
identified in the report most recently laid under subsection (3) or (4) .

Tibet (Reciprocal Access) BillPage 2

(7) The Secretary of State must report to the United Nations Special Committee on
Decolonization the findings of the report prepared under subsection (3) within
one year of this Act coming into force.

2 Immigration restrictions

(1) 5This section applies if, in the opinion of the Secretary of State, any of the groups
of United Kingdom nationals listed in subsection (2) are granted lower levels
of access to Tibetan areas than to other areas of China.

(2) Those groups are—

(a) diplomats and other officials, or

(b) 10journalists, or

(c) tourists.

(3) The Secretary of State must maintain a list of persons substantially involved in
the formulation or execution of policies related to access by United Kingdom
nationals to Tibetan areas.

(4) 15Any person on the list maintained under subsection (3) must be refused leave
to enter the United Kingdom.

(5) Any visa or other permission for any person on the list maintained under
subsection (3) to enter or remain in the United Kingdom is revoked
immediately.

(6) 20The Secretary of State must prepare reports identifying the individuals—

(a) listed under subsection (3) ;

(b) refused leave to enter under subsection (4) ; and

(c) who had a visa or other permission revoked under subsection (5) .

(7) The Secretary of State must provide the first report under subsection (6) to the
25appropriate Parliamentary committees within one year of this Act coming into
force.

(8) The Secretary of State must provide a further report under subsection (6) to the
appropriate Parliamentary committees in each of the five calendar years after
the year in which the report under subsection (7) is laid.

(9) 30The Secretary of State may waive subsection (4) or (5) if he or she deems it
necessary to do so in the national interest of the United Kingdom.

(10) If the power under subsection (9) is exercised, the Secretary of State must
provide an explanatory memorandum to the appropriate Parliamentary
committees setting out—

(a) 35the justification for the waiver;

(b) how it relates to the national interest of the United Kingdom; and

(c) supporting evidence.

3 Duty to consider reciprocal access

The Secretary of State must take into account the extent to which the Chinese
40authorities grant United Kingdom diplomats and other officials access to
Tibetan areas and other parts of China when deciding whether to grant
Chinese diplomats and other officials access (including consular access) to
parts of the United Kingdom.

Tibet (Reciprocal Access) BillPage 3

4 Interpretation

In this Act—

(a) “appropriate Parliamentary committees” means—

(i) the Foreign Affairs Committee of the House of Commons, and

(ii) 5 any other Committee of the House of Commons or House of
Lords that the Secretary of State considers appropriate;

(b) if the name of the Foreign Affairs Committee of the House of Commons
is changed, any reference in this Act to that Committee is to be treated
as a reference to that Committee by its new name;

(c) 10 “Chinese authorities” means the Government of the People’s Republic
of China or persons acting on its behalf;

(d) “Tibetan areas” means—

(i) the Tibet Autonomous Region,

(ii) Kanlho (Gannan) Tibetan Autonomous Prefecture, and Pari
15(Tianzhu) Tibetan Autonomous County located in Gansu
Province,

(iii) Golog (Guoluo) Tibetan Autonomous Prefecture, Malho
(Huangnan) Tibetan Autonomous Prefecture, Tsojang (Haibei)
Tibetan Autonomous Prefecture, Tsolho (Hainan) Tibetan
20Autonomous Prefecture, Tsonub (Haixi) Mongolian and
Tibetan Autonomous Prefecture, and Yulshul (Yushu) Tibetan
Autonomous Prefecture, located in Qinghai Province,

(iv) Garze (Ganzi) Tibetan Autonomous Prefecture, Ngawa (Aba)
Tibetan and Qiang Autonomous Prefecture, and Muli (Mili)
25Tibetan Autonomous County, located in Sichuan Province,

(v) Dechen (Diqing) Tibetan Autonomous Prefecture, located in
Yunnan Province, and

(vi) any other area designated as Tibetan Autonomous by the
Government of the People’s Republic of China;

(e) 30 “United Kingdom national” means an individual who is—

(i) a British citizen, a British overseas territories citizen, a British
National (Overseas) or a British Overseas citizen,

(ii) a person who under the British Nationality Act 1981 is a British
subject, or

(iii) 35 a British protected person within the meaning of that Act.

5 Extent, commencement and short title

(1) This Act extends to England and Wales, Scotland and Northern Ireland.

(2) This Act comes into force 90 days after the day on which it is passed.

(3) This Act may be cited as the Tibet (Reciprocal Access) Act 2019.