PARLIAMENTARY DEBATE
Hong Kong: Sentencing of Pro-democracy Activists - 7 December 2020 (Commons/Commons Chamber)
Debate Detail
We have made clear our concerns about a number of ongoing cases, and that includes the sentencing of the pro-democracy activists Joshua Wong, Agnes Chow and Ivan Lam on 2 December and the charges laid against the major media proprietor Jimmy Lai on the same day. We understand that the three sentenced on 2 December pleaded guilty to inciting people to take part in an unauthorised rally last year. They were not charged under the national security law. As the Foreign Secretary made clear in his statement of 2 December, prosecution decisions must be fair and impartial, and the rights and freedoms guaranteed to the people of Hong Kong under the joint declaration must be upheld. Hong Kong’s prosperity and way of life rely on respect for fundamental freedoms, an independent judiciary and the rule of law.
British judges have played an important role in supporting the independence of Hong Kong’s judiciary for many years. That independence is a critical factor underpinning Hong Kong’s success. We want it to, and hope that it will, continue; however, the national security law that was imposed on Hong Kong in July poses real questions for the rule of law in Hong Kong, and the protection of fundamental rights and freedoms promised by China in the joint declaration. It is therefore right that the UK Supreme Court continues to assess the situation in Hong Kong, and the position of British judges, in discussion with the Government.
We have raised our concerns about these and other cases with senior members of the Hong Kong Government and the Beijing authorities, and we will continue to do so. We urge the Hong Kong and Beijing authorities to bring an end to their apparent campaign to stifle legitimate opposition, and to reconsider their current course. The Government will continue to work with international partners to hold China to account, as we did recently at the UN Third Committee on 6 October, where 39 countries expressed deep concern at the situation in Hong Kong, Xinjiang and Tibet. The UK Government will continue to stand up for the people of Hong Kong and our historic responsibility.
These are not just breaches of human rights somewhere in the world of which we know nothing; they are direct breaches of the Sino-British agreement and direct infringements of personal rights, which the UK is guarantor of until 2047. We need far more action than we have seen. I do feel for our Minister. I have much respect for him. He did not make these decisions and he is not responsible for the internal workings of Hong Kong. We need to be realistic about what is achievable and what is not. For me, it is international action, concerted with our allies in the EU and internationally, that will force Beijing to change tack.
We have a number of ideas on what we can do now, here. We can push forward with Magnitsky sanctions. We have called for progress often enough; let us see some action on that now. We can do an audit of UK companies to check their involvement in slave labour with Chinese companies, because there is no question but that there are UK companies that are profiting directly from gross human rights infringements. We can take action on HSBC and other banks that are colluding with Beijing in order to enforce the national security law. We can also enforce further action in the fight against organised crime and fraud, which has been grievously weakened by events in Hong Kong.
We can also audit and shine a light upon the role of Confucius Institutes across our academic community within these islands, because there is no question but that they are involved in activities that go well beyond what their expected remit should be. On immigration, there is one point specifically that I would be grateful for an assurance from the Minister on. Joshua Wong, under current UK asylum legislation, would be barred from applying for asylum in the UK by this sentence, which we do not respect. Can the Minister assure me— perhaps this is a question for his colleagues as well—that the UK will look at reforming the asylum process to ensure that Hongkongers will have access to this country, and not be barred by trumped-up charges?
So international co-operation will lead on this. The UK has not been idle, but a lot more needs to be done because we are bound to the people of Hong Kong and they will not be forgotten by this House.
The hon. Gentleman talked about international co-ordination, and it is absolutely the case that we are working with international partners. We are focused on adding our voice to the widespread international concern to protect Hong Kong’s rights and freedom. We do not rule out any diplomatic options, and we will keep the position under review. He referenced sanctions; of course, we have had this discussion before. We are actively considering, and will continue to consider, designations under our global human rights sanctions regulations, but I am sure that he will totally understand that it would not be appropriate to speculate on who may be designated under the sanctions regime in future.
The hon. Gentleman also mentioned HSBC. We do not comment on issues related to individual private companies. Businesses will make their own judgment calls, and they will be judged on those calls, but we made an historic commitment to protect the autonomy, rights and freedoms of the people of Hong Kong, and so has China.
I draw the Minister’s attention back to HSBC, which the hon. Gentleman touched on. I had the privilege of listening to one of the legislators from the Democratic party of Hong Kong who has fled Hong Kong, Ted Hui. He made it very clear that he came to the UK, having gone to Denmark first, because he was worried about the charges that would be levelled against him. In the meantime, HSBC and two other banks, obviously prompted by the Hong Kong Government and China, have frozen his accounts for no reason whatsoever. I ask my hon. Friend the Minister and the Government to condemn this action. This is not a bank started in China and based in China that has nothing to do with the UK; it is a bank that benefits from its location here in London, and that is highly thought of in the trading community. It has behaved in a disreputable and appalling way in freezing the accounts of an individual fleeing for justice. Surely this is an outrage that the Government can now say should stop.
The Government are in danger of trying to pursue two competing and confused strategies. We would like to know to what extent the Minister still believes that constructive engagement is possible. Does he share the view of the United States that Hong Kong is no longer an autonomous region, and if he does not, what is his plan to persuade Beijing to change course? If he believes that diplomacy is still fruitful, will he tell us what conversations the Government have had with the incoming Biden Administration about the development of a co-ordinated response? Will the Foreign Secretary consider convening a dialogue among our Five Eyes partners—including the new US Administration—in the new year, so that we can agree a broader, co-ordinated response? If he does not believe that that is possible, has he explored legal avenues through which the Chinese Government can be held to account? What progress has he made on sanctions, which we have debated in this House over and over again?
The Minister mentioned the role of British judges in Hong Kong. A decision to withdraw British judges would be hugely significant; it would suggest that the UK cannot continue to grant legitimacy to what is in essence no longer considered an autonomous system. I hope the Minister can see why such a step would make sense only in that context; otherwise, we risk doing further harm to the people of Hong Kong by removing an important safeguard in an independent judicial system. That is why we must hear today a clear view from the Government, and a strategy to match. Otherwise, the measures that the Government have taken so far on British national overseas passport holders, and the contemplation of the removal of British judges, coupled with an incredibly weak stance on the role of British businesses in the region, will be seen by Beijing not as a firm stance but as a retreat, which will send a message to the Chinese Government that they can continue on that path. That would be an utter failure of our obligations to the people of Hong Kong. We need to hear a clear view and a clear strategy from the Government today.
The hon. Lady mentioned the incoming Biden Administration; the Foreign Secretary will of course be having conversations with his counterpart, and our ambassador in Washington is already engaged in conversations to set that up.
The hon. Lady also mentioned the role that British judges have played in supporting the independence of Hong Kong’s judiciary for many years; we very much hope that that continues, although the national security law poses real questions for the rule of law in Hong Kong and the protection of the fundamental rights and freedoms promised in the joint declaration. As the Foreign Secretary discussed with the Foreign Affairs Committee on 6 October, appointments to the Hong Kong court are made independently, and we need to be mindful of that.
On a wider note, I commend the Government on taking an ever-more robust stance on China. Its conduct over covid-19, with Beijing having tried to suppress the news of the outbreak; the militarisation of the South China sea; its debt-trap diplomacy through its one belt, one road, initiative; and now, of course, its actions in Hong Kong all indicate how China is pursuing a competing geopolitical agenda. Will my hon. Friend confirm that the forthcoming integrated review will address the growing long-term threat that China poses, and will he say how we can work with our allies, not least the United States?
We have made a very compassionate and generous offer in terms of BNOs, which has been broadly welcomed. The existing youth mobility scheme is open to people in Hong Kong aged between 18 and 30. There are currently 1,000 places available each year. Dependants of relevant BNO passport holders are allowed to come here, and youngsters aged between 18 and 30 will be eligible to apply for those 1,000 places. 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.
HSBC stands accused, yet again, of colluding in the implementation of the national security law in Hong Kong. Do the Minister and their Government agree with this point, and if so, what are they going to do about it?
Virtual participation in proceedings concluded (Order, 2 September.)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
Question agreed to.
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