PARLIAMENTARY DEBATE
Hong Kong - 12 November 2020 (Commons/Commons Chamber)
Debate Detail
It is my unfortunate duty to report to the House our judgment that that decision breaches the legally binding Sino-British joint declaration. It breaches both China’s commitment that Hong Kong will enjoy a high degree of autonomy and the right to freedom of speech, guaranteed under paragraph 3 of the declaration. This is the third time that the Government have called a breach of the joint declaration since 1997, but the second time that we have been forced to do so in the last six months.
This decision is part of a pattern designed to harass and stifle all voices critical of China’s policies. The new rules for disqualification provide a further tool in that campaign, with vague criteria open to wide-ranging interpretation. Hong Kong’s people are left now with a neutered legislature, and 15 pan-democratic legislators have already resigned en masse in protest.
China has yet again broken its promise to the people of Hong Kong. Its actions tarnish China’s international reputation and undermine Hong Kong’s long-term stability. The UK has already offered a new immigration path for British nationals overseas, suspended our extradition treaty with Hong Kong and extended our arms embargo on mainland China to Hong Kong. The permanent under-secretary at the Foreign, Commonwealth and Development Office has today summoned the Chinese ambassador to register our deep concern at this latest action by his Government.
Hong Kong’s prosperity and way of life rely on respect for fundamental freedoms, an independent judiciary and the rule of law. China’s actions are putting at risk Hong Kong’s success. The UK will stand up for our values. We will stand up for the people of Hong Kong. We will call out violations of their rights and freedoms. With our international partners, we will continue to hold China to its international obligations.
Although the previous actions of this Government are to be commended, it is time to do more. Indeed, the Foreign Secretary told the House in July that the Government
“will hold China to its international obligations.”—[Official Report, 20 July 2020; Vol. 678, c. 1832.]
Yet here we are again. Through these actions, the Chinese Government are making a mockery of the joint declaration. I ask the Minister what legal routes to defend the joint declaration are being considered. What has the Minister done to co-ordinate a response with our allies internationally, in particular the USA, including President-elect Biden, and the European Union? Will the UK finally impose Magnitsky-style sanctions on those individuals in Hong Kong and China who are responsible for human rights abuses, and, if not that model, will he look at a sanctions register, as used by the US?
The BNO citizenship scheme excludes those who need it, particularly young people who have so bravely protested in the best traditions of democracy. We must protect them. The estimated true cost for a Hongkonger to come here for five years is £3,000, and that is before living costs. Many simply cannot afford it. Will the Minister confirm how many applications have been made under the scheme and how many have been granted? Will he consider introducing a bursary scheme for those unable to pay, and will he introduce a lifeboat policy for all Hong Kong citizens regardless of age and, if not, will he agree to meet me to discuss this matter further?
In 1996, John Major underlined our commitment to Hong Kong when he said:
“If there were to be any suggestion of a breach of the Joint Declaration we would have a duty to pursue every legal and other avenue available to us.”
He concluded:
“Hong Kong will never have to walk alone.”
It is time for actions, not just words. It is time to make good on our promise.
The hon. Lady asked about sanctions and we will continue to consider designations under our Magnitsky-style sanctions regime. She will appreciate it is not entirely appropriate to speculate on who may be designated under the sanctions regime in the future, as that could reduce the impact, but we are carefully considering further designations under the scheme.
The hon. Lady was right to mention the action we have taken on British nationals overseas. The Home Secretary issued a statement on 22 July on the new route for BNOs, which states that
“in compelling and compassionate circumstances, and where applications are made as a family unit, we will use discretion to grant a visa to the children”
of BNO status-holders
“who fall into this category…the existing youth mobility scheme is open to people in Hong Kong aged between 18 and 30, with 1,000 places currently available each year. Individuals from Hong Kong will also be able to apply to come to the UK under the terms of the UK’s new points-based system”.—[Official Report, 22 July 2020; Vol. 678, c. 115WS.]
The hon. Lady asked about the number of BNOs. From July 2020, BNO citizens and their dependants have been eligible to be granted six months’ leave outside the rules at the border to the UK, and from 15 July to 14 October 2020, a total of 2,116 BNO citizens and their dependants have been granted that. That data is not a reliable proxy for the number of people who may apply for the visa when it opens in January, but it does suggest that the number of BNO citizens seeking to come to the UK in the short term is unlikely to be at the high end of the scale.
The UK Opposition welcomed the Government’s recent announcement regarding BNO passport holders, but it would be unacceptable for the UK Government now to conclude that they have done all they can for the people of Hong Kong. With that in mind, I ask the Minister the following questions.
First, does the Minister agree that the British Government are legally obliged, through the joint declaration, to defend human rights in Hong Kong, and that failure to do so, to the utmost of their abilities, would put the UK in default of its treaty obligations? Secondly, when will we see details of what the UK Government are offering by way of support to Hongkongers born after 1997? Thirdly, will senior Hong Kong Executive officials now be added to the Magnitsky list? The Minister has been asked this question many times and he has consistently declined to give a definitive answer. Who in Government is holding this up? Fourthly, the Foreign Secretary has rightly condemned the likes of HSBC and Standard Chartered bank for their stance on Hong Kong, but could the Minister please update the House on what action, if any, has actually been taken against those two banks?
As I said to the Liberal Democrat spokesman, the hon. Member for Oxford West and Abingdon (Layla Moran), our door is always open. Our offer to British nationals overseas of a pathway to UK citizenship is compelling and compassionate, and as I said in my previous answer, the youth mobility scheme is open to people in Hong Kong aged between 18 and 30. I am more than happy to flesh this out with the hon. Member for Aberavon (Stephen Kinnock) when he is next in the Chamber or in London.
I fully understand the issues for my hon. Friend the Minister and the Government, but the reality is that we face an arrogant country, led by an arrogant leadership that has trashed the Sino-British agreement and is guilty of huge human rights abuses and dangerous confrontations with its neighbours. The British Government must lead in this matter, not wait. It is time for us to let the Chinese Government know that these actions come with serious repercussions. Does he accept that we need to sanction individuals responsible for any of these actions? Let us start with Carrie Lam in Hong Kong.
There are things that the Government can do, and that are in their control. I would be interested to hear plans for an audit of Chinese engagement with our academic infrastructure, and particularly of Confucius institutes and their activities in the UK. We are overdue an audit of Chinese involvement in the UK’s physical, and data and communications, infrastructure, big chunks of which are being bought up by Chinese companies that are emanations of the Chinese state. We should also look at audits of UK companies engaged in trade in Hong Kong to make sure that they are not benefiting from slave labour. There are things that the UK Government can do domestically now, and I support calls for, and moves towards, our taking those steps.
The hon. Gentleman mentioned data infrastructure. The long-term security and enduring resilience of our telecoms network are incredibly important, and we are taking difficult decisions to protect those interests. The position in January on high-risk vendors was based on the need to balance security with the need for us to level up and be a world leader in our digital infrastructure. I hope that answers the hon. Gentleman’s point, but I am more than happy to have a direct meeting with him when he returns to London, as I have said to the Lib Dem and Labour spokespeople, the hon. Members for Oxford West and Abingdon (Layla Moran) and for Aberavon (Stephen Kinnock).
Also, I recognise that we have a healthy and robust debate in this Chamber about matters such as Scottish independence, and I know we proceed with good humour, but does the Minister agree that to link in any way, shape or form what is happening in Hong Kong, with the absolute destruction of people’s rights and fundamental freedoms, with the healthy debate that we have around Scottish independence is disrespectful to the people of that country making that fight?
I can tell my hon. Friend that we have seen this morning the United States make its statement on these latest moves to disqualify the four legislators. The Prime Minister has had conversations with the President-elect, and I am sure that Hong Kong will feature in future conversations. I would add that we have consistently led the international community with regard to the response to breaches of the joint declaration and the events in Hong Kong.
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