Hong Kong National Security Legislation: UK Response

I would like to update the House on the situation in Hong Kong. As all Members will know, Hong Kong’s historic success was built on its autonomy, its freedoms and the remarkable resourcefulness and determination of its people. We have long admired their prosperity and their values, respected through China’s own expression of the one country, two systems approach—an approach that China itself has long articulated and affirmed as the basis for its relations with Hong Kong. The UK, through successive Governments, has consistently respected and supported that model, as reflected both in China’s Basic Law and in the joint declaration, which, as Members will know, is the treaty agreed by the United Kingdom and China, registered with the United Nations, as part of the arrangements for the handover of Hong Kong that were made back in 1984.

Set against this Chinese framework and the historical context, on 22 May, during a meeting of the National People’s Congress, China considered a proposal for a national security law for Hong Kong, and then on 28 May the National People’s Congress adopted that decision. China’s Foreign Minister, State Councillor Wang Yi, made it clear that the legislation will seek to ban treason, secession, sedition and subversion, and we expect it to be published in full shortly.

This proposed national security law undermines the one country, two systems framework that I have described, under which Hong Kong is guaranteed a high degree of autonomy with Executive, legislative and independent judicial powers. To be very clear and specific about this, the imposition of national security legislation on Hong Kong by the Government in Beijing, rather than through Hong Kong’s own institutions, lies in direct conflict with article 23 of China’s own Basic Law and with China’s international obligations freely assumed under the joint declaration. The Basic Law is clear that there are only a limited number of areas in which Beijing can impose laws directly, such as for the purposes of defence and foreign affairs, or in exceptional circumstances in which the National People’s Congress declares a state of war or a state of emergency.

The proposed national security law, as it has been described, in terms of the substance and detail, raises the prospect of prosecution in Hong Kong for political crimes, which would undermine the existing commitments to protect the rights and freedoms of the people of Hong Kong, as set out in the joint declaration, but also reflecting the international covenant on civil and political rights. Finally, the proposals also include provision for the authorities in Hong Kong to report back to Beijing on progress in pursuing national security education of its people—a truly sobering prospect.

We have not yet seen the detailed published text of the legislation, but I can tell the House that if legislation in those terms is imposed by China on Hong Kong, it would violate China’s own Basic Law. It would upend China’s one country, two systems paradigm, and it would be a clear violation of China’s international obligations, including those made specifically to the United Kingdom under the joint declaration.

Let me be clear about the approach that the United Kingdom intends to take. We do not oppose Hong Kong passing its own national security law. We do strongly oppose such an authoritarian law being opposed by China, in breach of international law. We are not seeking to intervene in China’s internal affairs, only to hold China to its international commitments, just as China expects of the United Kingdom. We do not seek to prevent China’s rise—far from it. We welcome China as a leading member of the international community, and we look to engage with China on everything from trade to climate change. It is precisely because we recognise China’s role in the world that we expect it to live up to the international obligations and the international responsibilities that come with it.

On Thursday, working closely with our partners in Australia, Canada and the United States, the UK released a joint statement expressing our deep concerns over this proposed new security legislation. Our partners in New Zealand and Japan have issued similar statements. The EU has too, and I have had discussions with a number of our EU partners. The UK stands firm with our international partners in our expectation that China lives up to its international obligations under the Sino-British joint declaration.

There is time for China to reconsider. There is a moment for China to step back from the brink and respect Hong Kong’s autonomy and respect China’s own international obligations. We urge the Government of China to work with the people of Hong Kong and with the Hong Kong Government to end the recent violence and to resolve the underlying tensions on a basis of political dialogue. If China continues down this current path, if it enacts this national security law, we will consider what further response we make working with those international partners and others.

I hope the whole House agrees that we, as the United Kingdom, have historical responsibilities—a duty I would say—to the people of Hong Kong. I can tell the House now that if China enacts the law, we will change the arrangements for British National (Overseas) passport holders in Hong Kong. The House will recall that the BNO status was conferred on British dependent territories’ citizens connected with Hong Kong as part of the package of arrangements that accompanied the joint declaration in 1984 in preparation for the handover of the territory. Under that status currently, BNO passport holders are already entitled to UK consular assistance in third countries. The British Government also provide people with BNO passports with visa-free entry into the UK for up to six months as visitors.

If China follows through with its proposed legislation, we will put in place new arrangements to allow BNOs to come to the UK without the current six-month limit, enabling them to live and apply to study and work for extendable periods of 12 months, thereby also providing a pathway to citizenship.

Let me just finish by saying that, even at this stage, I sincerely hope that China will reconsider its approach, but if it does not the UK will not just look the other way when it comes to the people of Hong Kong; we will stand by them and live up to our responsibilities. I commend this statement to the House.

I shall now call the shadow Foreign Secretary, Lisa Nandy, who has up to five minutes to reply.

I thank the Foreign Secretary for coming to the House to make this statement and for advance sight of it. In particular, I thank him for the sentiment of solidarity that he expressed at the end of his statement.

We are deeply concerned about events in Hong Kong. We share the Government’s opposition to the national security law. We want to see real action to address police brutality and the steady erosion of the joint declaration. We want the people of Hong Kong to know that the world is watching. We also want them to know that the world is prepared to act. Can I press the Foreign Secretary for more clarity on BNO passport holders? We welcome the announcement that visa rights will be extended. He says that they will be able to come to the UK if China continues down this path and implements this legislation. Will he tell us at which stage he envisages our taking action? When will these measures be brought before the House? I also ask him for more details about how this will apply. Will it apply to the 350,000 people who hold valid passports, or to the 2.9 million who are eligible? For this to be meaningful, surely it has to apply to people’s families. Will he confirm whether this is the Government’s intention, and what assessment he has done of the numbers?

The first rule of any sanction against China must surely be that it does not harm the people of Hong Kong. Will he tell us what assessment he has made of the potential loss of millions of highly skilled people from Hong Kong; and what assessment he has done of the USA’s recent announcement, which I understand he supports, that Hong Kong is no longer autonomous? Will he therefore support the withdrawal of trade preferences and economic sanctions? There are implications for China and, of course, implications for the UK, but there are also serious implications for the people of Hong Kong, many of whom he does not appear to be offering safe haven to. What impact does he believe that that will have on them?

I thank the hon. Lady for her solidarity and support, as expressed at the commencement of her remarks. She asked about the trigger point for changes. It is only right, in order to do this in a very careful and accurate way, to wait for the legislation to be published, so that we can see the full text, because, of course, it is only at that point, or indeed at its application, that we would be able credibly and reliably to say it was in violation of the joint declaration in the way I have described. I think that is a common-sense approach, which allows China, or other countries around the world that are watching and that we want to stand up in support of international law, to see that we are proceeding on the basis of principle and on the facts.

The hon. Lady asked about the detailed arrangements. I have been working with Ministers, in particular, the Home Secretary and the Home Office, on this since last September. As I said, we will wait to see precisely what the legislation says before making any further announcements, but the Home Secretary will set out the details at the appropriate time.

Considering families?

Of course, dependants would be considered. The hon. Lady rightly pointed out that the threat to Hong Kong is not just to its autonomy and freedoms, but to its economy and to investment in Hong Kong, which the UK and many others have serious interests in. The actions of China are, inexplicably, putting at risk what has long been regarded as one of the jewels in the economic crown for China. So she makes important points on that.

The hon. Lady asked why we had not called for an independent investigation into the police, but in fact I called for it in August 2019 and made that clear, having spoken to chief executive Carrie Lam. The hon. Lady also asked about universal suffrage, which of course is envisaged in the Basic Law for Hong Kong; I set that out as our position in the House of Commons last September. On both points I welcome her support and that of the Labour party. She then asked about international action, where the United Kingdom has been in the vanguard. We have been co-ordinating with our Five Eyes partners—I had a virtual meeting with them yesterday evening, where we reaffirmed our solidarity on this point. I have had calls and been engaged with the European Union, which has put out a statement—it is not as strong as the one we put out, but it shows that the EU is engaged actively on this. I have been speaking to my German, French and other European partners about it, and I also spoke to my Japanese opposite number today. The issue was discussed in the UN Security Council, but of course China, and indeed Russia, will veto any more substantive debate.

The hon. Lady asked about the specific measures we are proposing. I have been very clear on BNOs. Equally, we will work closely with our international partners on what the right next steps are. I think the focus right now, in order to proceed in a productive way that is likely to give ourselves the best chance of the outcome we want, is on setting out our position clearly and working with our international partners, and the ball is in the court of the Government in China. They have a choice to make here: they can cross the Rubicon and violate the autonomy and the rights of the people of Hong Kong, or they can step back, understand the widespread concern of the international community and live up to their responsibilities as a leading member of the international community.

We now come to the Chair of the Foreign Affairs Committee, Tom Tugendhat.

I hugely welcome the statement from my right hon. Friend the Foreign Secretary. May I also say that I welcome a noticeably different attitude from the Opposition Front Bench in standing up to communist tyranny for the first time in a political generation? What we are seeing in Hong Kong is an attempt to impose a very different form of government on the people there, who have rights, as agreed, as my right hon. Friend said, in the Sino-British joint declaration.

My right hon. Friend has already spoken about working with countries in the Five Eyes community and Japan. May I ask him what work he has done with African countries, South American countries and middle eastern countries, and what work he is looking to do in perhaps asking for a UN special envoy to help protect the rule of law that our nation, and indeed his former career, was so important in guaranteeing—not just in Hong Kong, but around the world?

I thank my hon. Friend, the Chairman of the Select Committee, who makes a range of really important points. He is absolutely right to focus on what is the most effective way to build a groundswell of support for the principled stance that we are taking and for opposition to the actions of China where they flout international law. He will also know from his position and his widespread experience, to which I pay tribute, that beyond Five Eyes, the European Union and others, there is a whole range of different opinions on how to engage and deal with China and a range of approaches that China takes—from inducements to intimidation—to cajole, sway and, frankly, coerce countries to bend to its will.

The approach that we are taking is trying to maximise the number of countries around the world—not the usual suspects that China will dismiss as trying to weaken it or to keep it down—to make the most powerful statement and, ultimately, to moderate the actions of China. Unless we can build up that bigger caucus of opinion—my hon. Friend mentioned Africa and South America, and we are working with all of those partners—we will be less effective when it comes to facing down what is clearly egregious behaviour in relation to Hong Kong and some of the other matters that he referred to.

I call Stewart Malcolm McDonald, who has two minutes. I inform the House that I am expecting to run this statement till about 12.45 pm.

I thank the Secretary of State for advance sight of his statement and, like others, I welcome much of what was in it. SNP Members of course stand in full solidarity with those in Hong Kong, and indeed those in Taiwan, who see this as a glimpse of what Beijing might have up its sleeve for them in the future. In fact, anyone who has the heel of state oppression on them right now—let us be honest, that is increasing by the day—deserves our support.

I can accept that this is tricky: it is not a black-and-white situation, given the nature of the actors involved. I think that what the Government are doing on BNOs is right, but is there not a danger that allowing so many people to leave is actually exactly what Beijing wants? While I think it is the right thing to do to allow people to come here and, as the Foreign Secretary mentioned in his statement, to provide them with a path to citizenship, when West Berliners were threatened with oppression, we did not just offer them all visas to leave; we actually stood up for them and offered to defend them. Beyond the statement on BNOs, which is I think right, what else are the Government planning to do in future to support those who are not BNOs and who will be left behind in Hong Kong to deal with the effects of this new law?

I would also like to ask the Foreign Secretary—the Chair of the Select Committee took the question out of my mouth—to expand on how he is teasing together a greater international coalition, because that will be tricky if he is going to bring in the middle east, Africa and others, given China’s enormous global economic footprint through such things as the belt and road initiative and the China strategy. Can I ask him when he expects to see the text of the law? Is there anything in the joint agreement that allows the UK Government to see that sooner rather than later? At what point does he envisage having to take further steps? No one is calling for sanctions just yet, but surely work must be going on to put together something that constitutes a price for Beijing’s heavy hand. Can he confirm whether the law that the authorities in Beijing want to impose has directly led to a reversal on the Huawei decision?

I thank the hon. Gentleman for the substance and the tone of his position. We fully welcome his support, as indeed we welcome the support from all sides in the Chamber. This is a powerful opportunity for us to show a united position on this. It is something that successive Governments have agreed on. He asked whether, if we offered to change BNOs’ status, that would be a gift to Beijing. I do not think that that is true. I do not think, from the response of the Chinese Government, that that is correct. They are very sensitive about this, and in any event it is a point of principle. We have fought to live up to our international responsibilities and commitments, and, as I explained in my statement, we regard this as part of the package that went with the joint declaration. If that is upended because of action on the national security legislation, it is only right that we should rethink the position of BNO passport holders. That also explains, in relation to the question from the hon. Member for Wigan (Lisa Nandy), why we have been quite careful about timing. We have been prepared for this, and we have hoped it would not come, but as has often been said in this House, we hope for the best and prepare for the worst. The hon. Gentleman asked about how we build up international support. In my view, we do so based on principle and the rules of international law. The obvious riposte will be that we are intervening in internal affairs, but we are not. We are seeking to uphold China’s own freely assumed international obligations. And no, I am not expecting advance sight of the legislation from Beijing.

I congratulate my right hon. Friend on his statement, but does he not now think that the position of China is altogether too obvious, and that since President Xi arrived, its ambitions globally, both militarily and economically, are now fully on track and Hong Kong is but one manifestation of its global reach through the South China sea, through its abuse of human rights and through its ambitions over Taiwan? Is this not the case, as a previous Prime Minister once said, that this is

“only the first sip…of a bitter cup”,

and that it is going to be offered to us again and again? Appeasement, which has been the case for the free world, is now no longer an option, so will my right hon. Friend now explain how he intends to organise the free world so that we stand up against this? Also, will he now work with all our allies around the world to get them to give all Hong Kong passport holders right of abode, if necessary?

I thank my right hon. Friend for his excellent questions. I do think Hong Kong is part of a pattern, although it is not a uniform one. He referred to the violation of the UN convention on the law of the sea—I think that is what he was referring to in relation to the South China sea—and we could add cyber-attacks and the treatment of the Uyghur Muslims. At every step, the right approach for the United Kingdom, as a matter of principle and also of effectiveness, is to call out behaviour that is contrary to international law on its own terms. In answer to the Chairman of the Select Committee and others, that is how we will build a coalition of like-minded countries to stand firm in the face of such behaviour.

My right hon. Friend asked about BNO passport holders. We have made a commitment, which he has heard today. It is important that we did that as a matter of principle, rather than waiting for others to agree in concept. However, we are already discussing with our partners—I raised it on the Five Eyes call yesterday—the possibility of burden sharing if we see a mass exodus from Hong Kong. I do not think that that is likely in the last analysis, but he is right to raise it, and we are on the case diplomatically.

May I particularly welcome the commitment in relation to BNO passport holders? The Foreign Secretary has heard me make that plea on many occasions in the past. He will be aware, though, that the BNO offer was closed in 1997, so the announcement today does not offer any protection to those born after that date, who are, by definition, the brave young Hongkongers who are out there demonstrating on the streets, and who are most vulnerable and in most need of protection. Will he look at what we can do to assist these people?

I thank the right hon. Gentleman and pay tribute to him for his long-standing and principled position on this issue; he is absolutely right, and we appreciate all the cross-party support on this. He asked about those who do not qualify for BNO passport status. I would just point out that we are talking about over 300,000 people who do qualify. Of course, he makes a reasonable point about the cut-off date, but that would not apply to dependants. We have set out—based on principle, in the right way—the commitment that we are making but, as others have already mentioned, what will be important is that the international community comes together to ensure that there are options for the wider group to which the right hon. Gentleman refers.