Hong Kong: Electoral Reforms

(Urgent Question): To ask the Secretary of State for Foreign, Commonwealth and Development Affairs if he will make a statement on the planned reforms to Hong Kong’s electoral system by the Chinese National People’s Congress.

The United Kingdom is deeply concerned about the situation in Hong Kong and the erosion of rights enshrined under the Sino-British joint declaration. In response to these worrying developments, the United Kingdom has already taken decisive action. This includes offering a bespoke immigration path for British nationals overseas, suspending our extradition treaty with Hong Kong indefinitely and extending our arms embargo on mainland China to Hong Kong. The United Kingdom has led international action to hold China to account. As recently as 22 February, the Foreign Secretary addressed the UN Human Rights Council to call out the systematic violation of the rights of the people of Hong Kong, making it clear that free and fair legislative elections must take place with a range of opposition voices allowed to take part.

On the question raised by the hon. Member for Oxford West and Abingdon (Layla Moran), this week meetings of China’s National People’s Congress are taking place behind closed doors. We understand that the agenda includes proposals for changes to Hong Kong’s election processes. Although the detail is yet to be revealed, these measures might include changes to the election of the Chief Executive, the removal of district councillors from the Chief Executive election committee and the possible introduction of vetting for those standing for public office to ensure that they are described as patriots who govern Hong Kong. Such measures, if introduced, would be a further attack on Hong Kong’s rights and freedoms.

Ahead of possible developments this week, the United Kingdom has raised our concerns, including with the Chinese Ministry of Foreign Affairs, the Hong Kong Government and the Chinese embassy in London, as have many of our international partners. The Chinese and Hong Kong authorities can be in no doubt about the seriousness of our concerns. Given recent developments, including the imposition of the national security law last year, the imposition of new rules to disqualify elected legislators in November and the mass arrests of activists in January, we are right to be deeply concerned. We are seeing concerted action to stifle democracy and the voices of those who are fighting for it.

There is still time for the Chinese and Hong Kong authorities to step back from further action to restrict the rights and freedoms of Hongkongers, and to respect Hong Kong’s high degree of autonomy. We will continue working with our partners to stand up for the people of Hong Kong and hold China to its international obligations, freely assumed under international law, including through the legally binding Sino-British joint declaration.

Thank you, Madam Deputy Speaker, for granting this urgent question, and I would like to thank the Minister for his reply.

This Government have a duty to the people of Hong Kong to guarantee their rights and the integrity of their democratic institutions. The proposals made at the National People’s Congress spell the end of democracy and of one country, two systems in Hong Kong, and are another blatant breach of the Sino-British joint declaration. In response to my last urgent question on this, the Minister told the House that the UK

“will stand up for the people of Hong Kong”,

and

“hold China to its international obligations.”—[Official Report, 12 November 2020; Vol. 683, c. 1051.]

Well, here we are again. Almost every prominent member of the democratic movement is in jail. The BBC has been banned in China. Our ambassador has been rebuked just yesterday, and now free and fair elections are being erased. Surely by now, any red line that might have existed has been well and truly crossed.

On Hong Kong, China behaves like a bully, and bullies only understand words when they are followed by concerted action. Does the Minister really believe that it is going to step back? Will the Government now impose Magnitsky sanctions and other measures on the officials responsible, such as Carrie Lam and Xia Baolong? Sanctions were applied in the cases of Belarus and Alexei Navalny. Why there and not here, when we have a direct duty of care? Will the Government take this case to the International Court of Justice? It is up to us to lead that international co-ordinated effort to hold China to account. What conversations has the Minister had with our allies to join us in any actions we take?

I hope that Members across the House will join me in putting on record how welcome all Hongkongers using the British national overseas scheme are to this country. I am distressed to hear that some are now being targeted by China for doing so. Enough is enough. I urge this Government to take immediate action to protect Hong Kong, its democracy and human rights, as they are obliged to do under international law. No more excuses—it is time for real action.

I thank the hon. Lady for bringing this urgent question to the House. As she rightly says, we will continue to bring together international partners to stand up for the people of Hong Kong, to call out the violation of their freedoms and to hold China to its international obligations. It is worth reminding her that the National People’s Congress is currently debating electoral reform behind closed doors. We have made clear our concerns and urge the authorities to uphold their commitments to the people of Hong Kong. She mentioned this being a clear breach of the joint declaration. We declared two breaches of the joint declaration in 2020 in response to the national security law, and when the details of these proposals are published by the NPC, we will closely examine them.

The hon. Lady also referenced our new ambassador to Beijing, who was summoned by the Chinese MFA in response to an article that was posted to the embassy’s WeChat account in her name. I strongly support the work of our ambassador in Beijing and the rest of the Foreign, Commonwealth and Development Office on this important issue. The United Kingdom is committed to media freedom and to championing democracy and human rights around the world.

I start by saying that Caroline Wilson enjoys the support of the Foreign Affairs Committee and, I am sure, everyone in this House in championing media freedom and the right of a free press to criticise a Government—even, perhaps, this one.

The actions that Her Majesty’s Government have taken in recent months are very welcome. Despite the list that the hon. Member for Oxford West and Abingdon (Layla Moran) set out, the welcoming of British nationals overseas—the correcting of a wrong that we all made in 1984—and of Hong Kong people to the UK is important in standing up for the values that we signed into international law when we signed the Sino-British joint declaration.

I must welcome one or two things that the hon. Lady said, one of which was about Magnitsky sanctions. We really do need to see greater action. I welcome what my right hon. Friend the Foreign Secretary has said in the past in championing Magnitsky sanctions and ensuring that they come into law. We now need to see names put to those charges, because this has gone on long enough. We know that the abuses of human rights in Hong Kong have continued, and we need to stand up for those who have been targeted.

I thank the Chairman of the Foreign Affairs Committee, in particular for his work on this issue and his support for our excellent ambassador, Caroline Wilson. He mentions sanctions. As he will know, we do not speculate on who may be designated. They are just one tool in our arsenal. The UK has already offered a new immigration path for BNOs, which my hon. Friend raised. We have suspended our extradition treaty with Hong Kong and extended our arms embargo on mainland China to Hong Kong, and that is all in response to Beijing’s behaviour.

Beijing’s assault on Hong Kong’s electoral system is the latest breach of the Sino-British declaration and is viewed by experts as the final nail in the coffin of Hong Kong’s democracy. It follows the arrest and charging of 47 opposition politicians, 32 of whom were refused bail. As a signatory to the Sino-British declaration, the UK has not only a legal duty but a moral responsibility to stand up for the democratic rights and freedoms of the people of Hong Kong. As parliamentarians, we will feel a sense of profound sadness as we witness this steady suffocation of democracy. For the past few months, the UK Government have just been going through the motions, so may I ask the Minister these questions?

Labour welcomes the BNO offer, but there appears to have been very little planning, and a family of four need £16,000 up front. What steps is the Minister taking to ensure that the scheme is accessible to all BNOs, and what steps are the Government taking to support their integration into British society?

Hong Kong Watch’s latest report describes Hong Kong as being a “canary in the coalmine” of China’s expansionism, so what assessment have the UK Government made of the threats facing Taiwan, given that Chinese fighter jets and bombers buzzed Taiwanese airspace more than 300 times last year?

China’s growing presence in the UK’s critical national infrastructure clearly has implications for our own national security. What assessment has the Minister made of the role of the China General Nuclear Power group, which owns one third of Hinkley Point, but has been blacklisted in the US for stealing nuclear secrets?

The Conservative party is deeply divided over China, but we cannot afford any more dither and delay. Will the Minister work across Government to undertake an audit of the UK’s relationship with China and come back with a clear strategy to replace their failed golden era policy? What steps has the Minister taken to deliver a co-ordinated international response to China’s assaults on democracy and human rights and, finally, where on earth are those Magnitsky sanctions?

I thank the hon. Gentleman for his questions. He will have heard the response that I gave to the Chair of the Select Committee, my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat), on Magnitsky sanctions. With regard to CGN’s involvement in our nuclear sector, obviously, investment involving critical infrastructure is subject to thorough scrutiny and needs to satisfy our robust legal, regulatory and national security requirements, and all projects of this nature are conducted under that regulation to ensure that our interests are protected.

As with all foreign policy priorities, the FCDO recognises the importance of cross-Whitehall collaboration, particularly on Hong Kong. The Foreign Secretary regularly chairs a ministerial group meeting attended by Ministers from across Whitehall and a number of Departments. We obviously take any threat to the joint declaration very seriously, but we need to wait and see what comes out of the National People’s Congress before making an assessment. We have already called a breach twice last year, but the hon. Gentleman will need to wait until we have seen what comes out of the NPC.

On BNOs and the integration of BNO passport holders, that is a really important question. We are working across Government and alongside civil society groups and others to support the integration of those thousands of people who will be taking up that route and arriving here. We encourage and look forward to welcoming applications from those who wish to make the United Kingdom their home. The Foreign Secretary has met the Secretary of State for Housing, Communities and Local Government to discuss exactly this issue. I know that the hon. Gentleman has been in contact with one of the Ministers at the Ministry of Housing, Communities and Local Government, and we look forward to seeing the outcome of those discussions, because it is absolutely crucial that we support those individuals who are coming here from Hong Kong.

I congratulate the hon. Member for Oxford West and Abingdon (Layla Moran) on securing his timely urgent question. I say to my hon. Friend the Minister that we have heard a lot of this already before. The problem that we have in waiting for the National People’s Congress to come to a decision is that we know what will happen. The Chinese Government have already dismissed the Foreign Secretary’s comments about their failures and essentially told him to mind his own business, despite the fact that we are co-signatories to that agreement. Furthermore, we have evidence from Xinjiang, Tibet, the Christians, the Falun Gong, the entries into the South China sea, and the abuse on the border with India.

The real problem is that we sit and wait for something really substantial to happen. Other countries have moved, but we have still not come forward with Magnitsky sanctions, which were promised again and again. When will this happen? That is the only real action we can take that tells the Chinese that we have had enough of their behaviour and that they now have to step back into line with the international order or they will be sanctioned.

My right hon. Friend asks about action. Well, the action that we have taken on Hong Kong is substantial. He knows the answer on Magnitsky sanctions—we do not speculate on whom, and this is a policy area that is under constant review. Let me give him an example of our action. In response to the arrests in January, the Foreign Secretary issued a joint statement alongside his Australian, Canadian and US counterparts underscoring our concern. He also released a further statement following the charges of conspiracy to commit subversion brought against 47 of those arrested. We have made the very generous BNO offer. We have made it clear that in our view the national security law violates the joint declaration, and its use in this way to stifle political dissent contradicts the promises made by the Chinese Government as a co-signatory.

We have a video link to Alyn Smith, the SNP spokesperson, who has one minute.

I do feel for the Minister in this discussion, and in the further ones we will have about Hong Kong. I will do my best to be constructive. We are agreed across the House that Hong Kong matters are not a domestic affair specifically and only for Beijing. They are subject to an international agreement and subject to international law. If these measures to curtail democracy come forward—let us be realistic, we are talking about how and when, not if—it will be increasingly clear that the UK Government and global Britain look increasingly toothless, powerless and, most worryingly, friendless in this discussion. I do not say that the UK has done nothing within the UN, but where is the global coalition to move beyond warm words, inaction and concern to action against the economic interests of China? There are measures that can be taken and I would be grateful if the Minister updated us on what assessment has been made of the impact of the sanctions on Chinese economic interests domestically here, however we define domestically, and in the academic community as well. There are things that can be done while we push towards the international coalition.

As the hon. Gentleman knows, we cannot speculate on our sanctions regime. I understand why he and many hon. Members will ask the same question, but we cannot speculate on who may be designated under this regime—

Yes we can!

No, we can’t. That would be rather foolish.

As I have said, sanctions are just one tool in our arsenal. We have already offered the immigration path for BNOs, as I said, and cancelled the extradition treaty. I have an awful lot of time for the hon. Member for Stirling (Alyn Smith), who is very constructive on these issues. We are working closely with our international partners, and the work we have done with the US, with Canada and with Australia, and the statements made by the Foreign Secretary have managed to bring together the international community. As a co-signatory to this joint declaration, we have a responsibility to uphold the content and a duty to speak out when we have concerns. When we do so, it is a matter of trust, and leaders of the international community, including China, also need to live up to their responsibilities.

There seems to be no purpose in having the Magnitsky sanctions as a tool but popping them on a shelf. If the Minister or the Department feel vulnerable in applying them in a solo fashion, what work is being done with the Five Eyes countries to introduce co-ordinated Magnitsky sanctions against the Hong Kong and Chinese officials responsible for the national security laws? My hon. Friend the Minister mentioned our allies the Americans. Just this morning, the Biden Administration reconfirmed their belief that genocide is taking place against the Uyghur at the hands of the Chinese state. What work is being done with the Minister’s counterparts in America to prevent this genocide from carrying on?

I thank my hon. Friend for the assiduous way in which she pursues this matter. She knows exactly what the longstanding policy of the British Government is: any judgment on whether genocide has occurred is a matter for a competent court, rather than for Governments or non-judicial bodies. She mentioned the United States. It has a different process for determining genocide that is not linked to a court decision. Of course, given our longstanding policy over many decades that this is a matter for a competent court, she will understand the reason behind the responses that she may have heard once or twice before. I make no apologies for having to repeat myself to her.