PARLIAMENTARY DEBATE
Hong Kong: Pro-Democracy Activists - 10 April 2019 (Commons/Commons Chamber)
Debate Detail
I emphasise at the outset both to the right hon. Gentleman and to the House that the UK Government are acutely aware of our enduring responsibilities to Hong Kong. We were a joint signatory to upholding the joint declaration between the UK and China some 35 years ago, and the joint declaration is of course lodged with the United Nations. As such, we remain absolutely committed to monitoring and ensuring the faithful implementation of the joint declaration and the principle of one country, two systems. I reassure the House that we clearly and consistently raise our concerns with the Chinese and Hong Kong authorities. Parliament is updated on developments in Hong Kong through our six-monthly reports submitted by the Foreign Secretary, the most recent of which was published on 27 March. We always stand ready to comment publicly and robustly when appropriate.
Yesterday, the Hong Kong courts gave their verdict on the nine key figures in the Hong Kong Occupy movement. The protesters were arrested after large-scale protests in 2014. Each was found guilty of at least one public nuisance offence, and such offences carry a maximum sentence of seven years in prison. We shall have a better understanding of the severity of the sentence, and therefore the signal that the decision purports to send to others who choose to exercise their rights under Hong Kong’s Basic Law and Bill of Rights, once sentences have been handed down. Sentencing is due on 24 April, and the defendants have the right to appeal. It would therefore not be appropriate to comment further or in detail on the ongoing legal cases, but suffice it to say that this is a potentially protracted legal process that may take years rather than months.
I have visited Hong Kong twice as a Foreign Office Minister and have held meetings with a number of senior legal figures. On my most recent visit in November, I raised the issue of the rule of law directly with the deputy chief justice, as well as with representatives from the legal, political and business communities. All staunchly defended the independence of the judiciary and it remains our position that Hong Kong’s rule of law remains robust, largely thanks to its world-class independent judiciary. Many Members will know that Baroness Hale, Lord Hoffmann and others are part and parcel of the panel that is based in Hong Kong.
Hong Kong citizens are guaranteed the right to freedom of assembly and demonstration under the Sino-British joint declaration of 1984 and the Basic Law, and it is essential that those rights are properly respected in a democracy. Hong Kong’s success and stability depend on its high degree of enduring autonomy and its respect for the fundamental rights and freedoms enshrined in the joint declaration and the Basic Law. The Foreign Secretary recently pronounced that he was
“concerned that on civil and political freedoms, Hong Kong’s high degree of autonomy is being reduced.”
It would be deeply concerning if the ruling discourages legitimate protest in future or discourages Hong Kong citizens from engaging in political activity.
The prosecution and now conviction of nine leaders of the Umbrella movement is the latest in a series of egregious human rights abuses by the Government in China. Using the criminal justice system and public order offences in this way is an abuse of fundamental and internationally protected human rights. Amnesty International points out that the convictions all stem solely from non-violent direct actions in largely peaceful protests. As the Minister’s noble friend Lord Patten said, it is
“appallingly divisive to use anachronistic common law charges in a vengeful pursuit of political events which took place in 2014”.
Will the Minister make the strongest possible representations to the Chinese Government that these convictions are an abuse not just of the activists’ human rights but of China’s treaty obligations? This country has both a moral and a legal responsibility to pursue this matter with all vigour. We made commitments to the people of Hong Kong at the time of the handover to China and we still have those commitments under the Sino-British joint declaration.
The one country, two systems framework promised the people of Hong Kong progress towards democracy, but these convictions are not an isolated incident. Over the past five years, we have seen the abduction of Hong Kong booksellers who published titles critical of China’s rulers; a political party banned; a senior Financial Times journalist, Victor Mallet, expelled from the city; and, now, proposals to change Hong Kong’s extradition laws to enable suspected criminals to be extradited from Hong Kong to mainland China, which is something that not only political activists but businesspeople fear, as they believe they could be in danger if the change goes ahead.
Will the Government stand by the people of Hong Kong and their human rights, and will the Minister ensure that we in this country do not allow the Chinese Government to break the promises that this country made to the people of Hong Kong?
It is in China’s interest that Hong Kong continues to succeed under the framework. The joint declaration must remain as valid today as it was when it was signed three and a half decades ago. It is a legally binding treaty that is registered with the United Nations. I have raised this, and will continue to raise it, with my Chinese counterparts. Some criticism has been addressed to the FCO in relation to the idea of having a six-monthly report, which we feel is a particularly important foundation for ongoing confidence within Hong Kong that we take very seriously the responsibilities to which we have signed up.
The right hon. Gentleman raised the change to the extradition laws. We are aware that the Hong Kong Government have proposed changes to legislation. We are seriously considering the potential implications of those changes, including how the proposals might affect UK citizens and, indeed, our current extradition arrangements with Hong Kong.
The British consul general to Hong Kong, the very talented Andy Heyn, has spoken to senior figures in Hong Kong’s Administration to seek clarity on what the proposals will mean for UK citizens, for our law enforcement co-operation and for the current extradition arraignments. He has raised the potential impact of the proposals on business confidence in Hong Kong and has explained our concern that, given the sensitivity of the issues raised by these extradition proposals, considerably more time should be given for a full and wide consultation with interested parties before the Hong Kong authorities seek to put it into law.
My hon. Friend is absolutely right. When I was most recently in Hong Kong, I had a chance to speak to senior legal figures, and they do feel that the judicial system and its independence are being upheld but, clearly, the sense in which other rights are being questioned and eroded by the Chinese authorities raises some concerns in that regard. Hitherto, we have been confident that cases coming before the Hong Kong judiciary have been dealt with in a fair way and without political interference.
A serious discussion in this House on the situation in Hong Kong is overdue. China’s erosion of the rights and freedoms guaranteed by the Hong Kong Basic Law has been growing since the pro-democracy Umbrella protests in 2014. The last few years have seen an increasing crackdown on dissent and protest, with political parties banned, pro-democracy candidates blocked and journalists expelled. The conviction of nine leaders of the Hong Kong Umbrella movement yesterday—they could face seven years in prison for organising peaceful protests—is totally disproportionate and clearly politically motivated. The proposals to change Hong Kong’s extradition law mean they could serve sentences thousands of miles away in mainland China.
The Sino-British joint declaration is a legally binding treaty registered with the United Nations, and the British Government are a joint guarantor, with China, of the rights of Hong Kong citizens. I have one simple question for the Minister: how will the Government fulfil their legal responsibilities to the citizens of Hong Kong?
We take one country, two systems very seriously, and we will continue to do so. The fact that we are the guarantor is important. As I have said, the six-monthly reports come not without criticism from our Chinese counterparts, but they provide a detailed opportunity. I encourage Members who have an interest in Hong Kong, and perhaps even those who do not have a strong interest, to read the reports when they come out every six months. The reports address specific concerns and cases, including a number of those raised by the hon. Lady.
Our continuing work from London, Hong Kong and, indeed, Beijing is important as we try to maintain the one country, two systems approach. Our view is that the approach is very much in China’s interests, and China has implicitly recognised the importance of Hong Kong as a financial capital market and business centre. It is therefore equally important that we impress upon China that the uniqueness of Hong Kong will be properly maintained, with Hong Kong reaching its full potential, only if we ensure that “two systems,” as set out in the joint declaration, is every bit as important as “one country.”
I also thank the right hon. Member for Orkney and Shetland (Mr Carmichael) for raising this important matter. We share his concerns about democracy and human rights. As the Minister said, the UK has a particular responsibility for Hong Kong in our ongoing commitment to democracy and the rule of law. Amnesty International has said that this case is
“a crushing blow for freedom of expression and peaceful protest in Hong Kong.”
Does the Minister agree that judicial independence is absolutely critical to commercial investment and certainty and that it is in the interests of China as well? What Hong Kong-related discussions have he and his colleagues had with regard to trade talks, and what reassurances have Ministers sought over China’s commitment to Hong Kong’s autonomy and the independence of the legal system?
We have made it very clear that for Hong Kong to fulfil its potential—and, indeed, for China to do so in areas such as the belt and road initiative—the independence of, dare I say it, a common law system such as the British legal system is seen as more reliable for investors than perhaps the more doubtful, or at least less orthodox, systems in Shanghai and elsewhere. Although Pudong in Shanghai is a very important financial centre for China and does a lot of domestic work, Hong Kong still enjoys the confidence of many international capital markets.
On the specifics of free trade agreements in a post-Brexit world, clearly Hong Kong would be towards the top of the list, given the strength of our relationship. We have made it very clear to China that one of the reasons we want one country, two systems to be properly promoted is that it is very much in the interests of China’s plans for its own economic development in the years to come. I thank the hon. Gentleman for his focus on that particular issue, but we should not deny that human rights issues will remain extremely important as far as our own commitment to one country, two systems is concerned.
Does the Minister agree that Hong Kong’s proposed new extradition laws, which may result in political activists and even international business people being in danger of extradition to mainland China, would fundamentally undermine Hong Kong’s autonomy, do irreparable damage to one country, two systems, and destroy business confidence in Hong Kong as a result? Is it not in all our interests, especially business, to defend Hong Kong’s freedom, autonomy and rule of law, which underpin its status as an open, international financial centre?
In my earlier response to the right hon. Member for Orkney and Shetland (Mr Carmichael), I referred to issues regarding the planned extradition law, which is a good example of how difficult cases make for tough law. As my hon. Friend may be aware, it has come about because of an important case where an individual was murdered in Taiwan and the accused has ended up in Hong Kong but there is no extradition treaty in place. For that reason, given that Taiwan is regarded as part of One China, the issue suddenly has far greater implications.
I believe, as I am sure my hon. Friend does, that it is important that any changes to extradition arrangements from Hong Kong to mainland China must respect Hong Kong’s high degree of autonomy and cannot and must not affect the rights and freedoms set out in the joint declaration.
Of course we are concerned. We only need to look at the last half a dozen or so six-monthly reports to recognise that we think there is a deterioration in the way in which China is looking at this particular issue, but we will stand up for the rights of all Hong Kong people. As I have said, this is also in the interests of China, and it is an important part of the process to make that very clear to ensure that one country, two systems prevails.
Will my right hon. Friend make it clear that if the sentence is more than nominal, and if there is no chance to appeal against the convictions, people will think that the declarations and matters of principle agreed with the Chinese are not being properly fulfilled, which will affect both the future prosperity of Hong Kong and how people see China?
I very much agree with the hon. Member for Ilford South (Mike Gapes). We need to do our level best to ensure that we stand up for our rights. I do not think that the Chinese are entirely unknowing of that. Of course, they know exactly what is going on and want to squeeze those rights. It is interesting, however, that in a significant number of areas they recognise the benefit of two systems, including commercially, where the idea of a settled rule of law will allow capital to go into Hong Kong. We need to do our level best to ensure that all aspects are maintained, and we shall do so.
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