Hong Kong

(Urgent Question): I wish to ask the Foreign Secretary to update the House on protests in Hong Kong.

I thank the hon. Lady for her urgent question. This is an example of when all sides of the House can come together to discuss an issue that is of joint concern across the political spectrum.

I remain seriously concerned by the situation in Hong Kong. Protests are now in their 16th week, and millions have exercised their right to peaceful protest. The majority are doing so peacefully and lawfully, but I know the House will join me in condemning the violence that we have seen on the streets of Hong Kong from a minority of those engaged in protests. It is essential that protests are conducted peacefully and within the law and that the response of the authorities is proportionate.

With that in mind, the United Kingdom supports the one country, two systems model and framework and of course the rights, freedoms and high degree of autonomy granted to Hong Kong and its people under the Chinese-British joint declaration. That joint declaration was signed by the Government of the People’s Republic of China and Her Majesty’s Government in 1984, and the autonomy, rights and freedoms it guarantees are enshrined in the Hong Kong Basic Law. It remains as valid today as when it was signed almost 35 years ago and is a legally binding international treaty. We expect China to live up to its obligations under it and, as a permanent member of the UN Security Council, to its wider international human rights law obligations, including those in the UN charter.

The UK Government believe that a resolution can only be achieved with meaningful political dialogue that builds trust between all the parties on all sides. I welcome Carrie Lam’s formal withdrawal of the extradition Bill on 4 September and some of the incremental steps she has taken to improve the credibility of the Independent Police Complaints Council. The initiative this week from the Hong Kong Government to consult the people they serve will be a first step on the essential path towards a more inclusive political dialogue—one that builds trust with all communities in Hong Kong.

In recent weeks, I have spoken to both the Hong Kong Chief Executive, Carrie Lam, and to the Chinese Foreign Minister, State Counsellor Wang Yi, and I have made it clear that the UK continues to support one country, two systems. I have also made clear, however, our concern about human rights and, in particular, the mistreatment of those exercising their right to lawful and peaceful protest. The concerns of those peaceful protesters should be addressed by political dialogue, not crushed by force.

I have also spoken to a wide range of my counterparts internationally, and I welcome the strong statements from our international partners. The Prime Minister raised Hong Kong at the recent G7 meeting, where all G7 partners reaffirmed the importance of the joint declaration and called for an end to violence. We will continue to engage with Hong Kong and the Chinese Government, reiterating the fundamental importance of upholding the UK-Chinese joint declaration. Hong Kong’s high degree of autonomy is what guarantees its future prosperity and success. It is incumbent on all sides to respect it.

Throughout the summer, Hong Kong has remained gripped by protests, with tens of thousands of demonstrators filling the streets each weekend to demand their fundamental rights. Although the Chief Executive of Hong Kong, Carrie Lam, has announced that the controversial extradition Bill will finally be withdrawn, this for some is far too little, too late. The level of protest has grown in the face of brutal police repression, and I have been appalled by the way that protesters have been beaten by police officers and gangs rumoured to be associated with the Hong Kong Government.

Basic democratic freedoms of the press, the right to assemble and the right to protest are enshrined in the Sino-British joint declaration, an internationally recognised treaty to which we are of course a signatory. In the past few weeks, protesters have also been gathering outside the British consulate in Hong Kong demanding that our Government do more. Will the Foreign Secretary please tell the House what contact he has had with the Hong Kong Government about the ongoing protests in Hong Kong and specifically on the issue of police brutality? What dialogue has he had with the Hong Kong Government to promote a move towards universal suffrage as per the joint declaration? What steps are the Government taking to support any holders of a British national overseas passport in Hong Kong who are facing undue risk or harassment as a result of taking part in the protests? Finally, when will the next six-monthly report on the joint declaration be published?

I thank the hon. Lady for her questions and interventions on the substance and the constructive way she has presented them to the House. I share her concerns about the repression of peaceful protest, though mindful, as I have said, that some of the protests have been violent, which is unacceptable, too. I also share her concern to make sure that the right of peaceful protest enshrined in the joint declaration is respected on all sides in Hong Kong and by us and the Chinese Government.

I will, if I may, make a couple of further points. The joint declaration, as a bilateral treaty, reflects not just the right to peaceful protest but the basic international human rights obligations, which would apply to China in any event. It is a bilateral expression of those rights, and it is important not just for the people of Hong Kong but for the wider model that China advocates—the one country, two systems model—and which we wish to respect.

The hon. Lady asked what contact I had had with the Chief Executive, Carrie Lam. I spoke to her at length on 9 August, and I raised all the issues that I have already expressed, particularly the disproportionate use of force by the police against the protesters. I also raised the issue of the Independent Police Complaints Council. In line with and alongside the withdrawal of the extradition Bill, that is an area where the Government in Hong Kong have taken some steps to try to strengthen and reinforce their impartiality and therefore their credibility. We need to test that very carefully and see whether it produces an impartial and objective review.

The hon. Lady rightly raises the issue BNOs, and I thank her for that. The status of BNOs is part of the package that was agreed in terms of the joint declaration. There is no right of permanent residence under the BNO passport, but it is part of the overarching model of one country, two systems which, at least at this point, we are arguing needs to be respected, but it needs to be respected by all sides, including by China.

Again, I welcome my right hon. Friend to the Chamber today, and I thank the hon. Member for Hornsey and Wood Green (Catherine West), a fellow member of the Foreign Affairs Committee, for raising this important question.

Although I appreciate the points that the Secretary of State has already made about BNOs, it is clear that the UK Government did take a subtly different position at the time of handover when certain key members of the Administration were granted UK citizenship to give them the confidence to stay on at a moment of—let us face it— trouble and doubt. Is there not an opportunity now to assure people that they do not have to make urgent decisions now, by knowing that their rights will be guaranteed? Will he also talk to his friend the Lord Chancellor about the presence of UK judges in the Court of Final Appeal? We all know that Hong Kong’s economy is underwritten by the rule of law, as, indeed, is ours. The independence of the judiciary and the ability to have judges who can speak freely and fairly and without threat of influence from Beijing is one of the things that underwrites not just Hong Kong’s economic expansion but China’s. Therefore, valuing those judges, knowing that they are an integral part of the rule of law—not just on commercial rights, but on civil rights—would seem a very good place for the UK to start.

I thank my hon. Friend the Chair of the Select Committee. He makes a number of very important and powerful points, and I have been reflecting on them and, indeed, on the reports from his Committee. May I just say that I will of course pass on his comments in relation to the judiciary to the Secretary State for Justice? He makes those points in an important way. Of course, they are good for Hong Kong and its reputation and the wider reputation of China as a place that is open to do business.

Let me be clear about this issue of BNOs. The BNO status, which did not entitle the holders of those passports to a right of permanent residence in the UK, was part of the delicate balance and negotiations that were conducted and then concluded at the time of the joint declaration. We are seeking not to change the status of any one part of that package, but rather to press all sides, including the Chinese, to respect the delicate balance reflected in that package. That is why, for the moment, we will not change or alter the status of the BNOs, but we will make sure that, in terms of their rights and entitlements they are entitled to expect within that status, they have our full support.

I thank you, Mr Speaker, for granting this urgent question, and I congratulate my hon. Friend the Member for Hornsey and Wood Green (Catherine West) on securing it.

As the Foreign Secretary said, we are now entering the 16th week of this chaos and there is absolutely no sign of the crisis abating. We continue to witness appalling brutality by the Hong Kong police against the protesters. The abandonment of peaceful methods by some sections of the pro-democracy movement does nothing to help its cause, which we in the Opposition believe is right and just.

Will the Foreign Secretary tell us whether the Hong Kong Executive have made any progress in setting up the independent inquiry that we have all called for? Did the Foreign Office get any credible explanation from the Chinese Government for the paramilitary forces massed on the Hong Kong border over the summer?

The announcement that the Hong Kong Executive will formally withdraw the extradition Bill is welcome, but it is too little, too late. Peace and normality will be achieved only if the Hong Kong Government meet the largely reasonable demands of the protesters and fulfil the promises made to Hong Kongers in the Basic Law. That needs to start with democratic reform and moves towards universal suffrage.

The Foreign Secretary is the fifth Minister in four months to have spoken on the UK’s moral and legal responsibility to safeguard the rights of Hong Kong citizens, and I would like to ask him two further questions. What are the implications for BNO passport holders of the Government’s announcement over the summer of changes to the rights of students studying in the UK? Also, what is he going to do to fulfil the UK’s obligations to Hong Kong under the joint declaration if the situation does not improve?

I thank the hon. Lady for the measured and careful way in which she has responded to this issue. Amidst all the Brexit divisions we have, it is important that we have some cross-party consensus where it is practicable on this issue, because that allows us to send the clearest signal to our international partners, and indeed to Hong Kong and China, on its importance, so I welcome that.

I share the hon. Lady’s concerns around the issue of peaceful protest. We have expressed those to the Chinese Government. I spoke to the Foreign Minister about this. I have also spoken to Carrie Lam. The hon. Lady is also right to say that we condemn violence and that it risks tainting the protests, which, on the whole, have been conducted in a peaceful way by the majority.

The hon. Lady asked about the independent inquiry. The Administration in Hong Kong have not gone the full way we would like them to, but they have taken steps to reform and reinforce the independence of the Police Complaints Council. Whether that is enough, we shall see. What we need to ensure ultimately is that we have the goal of a proper, thorough and objective review of some of the conduct by the police against protesters.

I share the hon. Lady’s concern about reports of troops being increased at the border. We in this House and across the international community must be clear with our Chinese friends and partners about the Rubicon that would be crossed if we saw a major intervention in Hong Kong. No one wants to see any repeat of the tragic circumstances in Tiananmen Square all those years ago. We want China and Hong Kong to move forward, not backwards.

The hon. Lady made the point that the action on the extradition Bill is not enough, and I share her frustration to see more done on political dialogue. In fairness, it is important to note that steps are taking place this week, and indeed today, to engage local groups in political dialogue. As she said, it is the long-standing view of the UK that there is a transition to universal suffrage for the elections of the Chief Executive and the Legislative Council, because that is provided for in the Hong Kong Basic Law, and that would be the best way to guarantee the stability of Hong Kong, but also to respect one country, two systems, which is advocated by China. There has been no change in the status of BNOs.

Freedom of speech, including on constitutional matters, is one of the rights enshrined in the joint declaration, yet we have recently seen pressure exerted on individuals to desist from dialogue on certain issues—pressure that is completely unacceptable in any country, let alone in Hong Kong, where these rights are enshrined in the joint declaration. What can our Government do publicly to ensure that the right to free speech is upheld in Hong Kong?

I pay tribute to my hon. Friend’s tenacious efforts to raise the issue of free speech and peaceful protest right around the world. She is a credit to this House and is doing a lot of work for the party on this. The UK has raised the issue of peaceful protest and the right of free speech, mindful that it must be lawful and peacefully conducted. I have done that consistently and will continue to do so, and I know the Prime Minister feels the same way.

As my hon. Friend and, I think, the shadow Minister said, we need to see steps towards meaningful political dialogue. We have seen the removal of the extradition Bill and the initiative from Hong Kong to consult with people from across the communities in Hong Kong. That is a first step, but we should recognise and credit the Administration in Hong Kong when they take steps in the right direction. We now need to see that followed up with meaningful, inclusive dialogue that preserves the autonomy of Hong Kong and the one country, two systems approach that China advocates.

I welcome much of what the Foreign Secretary has said this morning. Of course, it is important that we recognise the courageous strength of those in Hong Kong who have protested over the past few months. Indeed, this all takes place on the 30th anniversary of the Baltic Way. What an inspiration it is to see the spirit of the Baltic Way invoked, with people standing up for liberty and freedom as they rightly should.

The Foreign Secretary mentioned the legally binding agreement with China. While it is not for me to defend old empires, he is right that it is, to this day, a legally binding agreement. Of course that must be upheld, not least because international treaties are being picked away at by populists around the world. However, context is everything, and the UN Security Council that he mentions—as we know from the conflict in Syria, for example—is utterly broken. This matter cannot be resolved in a broken Security Council. I have been asking the Government for years what proposals they have for reform of the United Nations Security Council. That will be pivotal in this affair and much else.

Finally, this issue in Hong Kong is undoubtedly falling prey to international disinformation and misinformation campaigns, from China to Russia and many others. What steps are the Government taking to support people in Hong Kong to get the truth out to the world?

I thank the hon. Gentleman for his remarks and his support for the approach we are taking. He made some valuable points about the joint declaration. It is legally binding and, of course, there is always the need to be vigilant to make sure that international treaties are respected on all sides. It is not just a bilateral arrangement, but reflects wider international human rights obligations, particularly those on peaceful protest reflected in the international covenant on civil and political rights.

I do not think the situation in Hong Kong is necessarily analogous to Syria, but I do—

I did not say that.

I know, but the hon. Gentleman made that reference. I do, however, share his sense that we need to make the UN work as effectively as possible. We have been out at the UN General Assembly this week. That has been curtailed, as he will know, but those are the kinds of things we talk about. Of course, China is a permanent member of the UN Security Council, so it is reasonable and legitimate to expect China to uphold the values of the United Nations when it comes to Hong Kong.

Following directly the point that was just made by the SNP spokesman, is there any evidence that the Chinese intelligence services, adopting classic communist methodology, are trying to discredit the protesters by infiltrating them with agents provocateurs, where the violent fringe is concerned? Will my right hon. Friend give special consideration to about 265 former members of the Hong Kong armed services, who should in the past have been offered the choice of a British passport but, I believe, have yet to receive that offer?

I thank my right hon. Friend for his remarks; I know that he follows these issues closely. I am going to be a bit careful about commenting on what is really happening in relation to intelligence services from any other country, but one thing I would say is that it is becoming increasingly clear, in relation to some of the counter-protests, that there are criminal gangs involved, and it is not clear entirely what their links may or may not be with the various administrations. I think, for our part, we need to play this in a very straight way, which is to say that there are some legally binding obligations on the Hong Kong Government, and indeed on China, to respect peaceful protest. Frankly, wherever those incursions or erosions or impingements come, we will call them out.

In response to a written question tabled by my right hon. Friend the Member for Orkney and Shetland (Mr Carmichael), Ministers have confirmed that UK law enforcement agencies provide training to the Hong Kong police. With that in mind, has that training been put through the overseas security and justice assistance risk management system? If so, what assessment, particularly in the light of recent events, has been made of the risk that that training may now be assisting in human rights violations in Hong Kong?