Hong Kong: Pro-Democracy Activists

(Urgent Question): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the conviction of pro-democracy activists in Hong Kong.

I call Minister Mark Field. We are very accustomed to seeing the right hon. Gentleman at the Dispatch Box recently. He is well and truly earning his keep.

Thank you, Mr Speaker. I seem to be here to discuss either this area, the middle east or, indeed, Turkey, a debate to which I was responding in Westminster Hall earlier today.

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.

I thank the Minister for that answer. I hope that he will be as robust in his tone when speaking to the Chinese Government as he has been in his remarks to the House today.

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.

I thank the right hon. Gentleman for his considered comments, and I fully accept and agree with the concerns he has raised. We take very seriously our responsibilities under one country, two systems, and we have expressed concerns in consecutive six-monthly reports that there has been a tightening of individual rights. We also feel that commerce and the independence of the judicial system have remained true to one country, two systems.

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.

In his excellent statement, my right hon. Friend emphasised the importance of the independence of the judiciary in Hong Kong, with judges of the calibre of Baroness Hale and Lord Hoffmann. If the Chinese Government really wish it to be believed that they are upholding the highest standards of human rights, is it not essential that the court is allowed to do its duty with full independence?

I thank my hon. Friend, who has worked hard on these matters, which he takes seriously. Indeed, he headed a delegation when I first went to mainland China some 15 years ago, and I am well aware that he keeps an eagle eye on what is happening, particularly in Hong Kong.

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.

I am grateful to you, Mr Speaker, for granting this urgent question. I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing it, and I share his profound concern at yesterday’s verdict.

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?

I thank the hon. Lady for her contribution, and I am sorry to hear that her constituency office was attacked over the weekend, which is unacceptable in the world in which we live. It is a salutary reminder that some of the concerns we deal with across the world are becoming quite prevalent closer to home.

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.”

A noted Sinologist, linguist and cerebral denizen of the House, Mr Richard Graham.

Thank you, Mr Speaker. The six-monthly Foreign Office report on Hong Kong, which is circulated by the all-party China group that I have the honour to chair, recognises the close bilateral Hong Kong-UK relations on culture and trade in many sectors, but the Minister is right to highlight the continuing pressures on Hong Kong’s high degree of autonomy. Will he confirm that, in relation to the pro-democracy activists found guilty of public nuisance, the appeal process is still very much open and that the higher courts including, if needed, the Court of Final Appeal must take into consideration the freedoms of assembly and speech guaranteed under the joint declaration?

I am happy to confirm that. As I said, we have highlighted our hope that a range of recent court rulings do not discourage lawful protest in the future. I stress that Hong Kong citizens are guaranteed the rights to freedom of assembly and demonstration under the joint declaration and the Basic Law.

May I express my solidarity with the hon. Member for Bishop Auckland (Helen Goodman) and in particular her constituency staff?

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?

I very much agree with the hon. Gentleman and thank him for his comments. We are often criticised for speaking endlessly about trade and other opportunities. Clearly, Hong Kong was very much a mercantile base for the UK from the 1840s onwards. However, we do not in any way take lightly the importance of addressing human rights issues, particularly for those living in Hong Kong.

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.

Yesterday’s convictions are extremely concerning, involving as they do a 75-year-old pastor, Rev. Chu, who declared himself as a peaceful protester, and Benny Tai, whom I invited to a fringe event at last year’s Conservative party conference and who spoke of the erosion of academic freedoms in Hong Kong.

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?

I thank my hon. Friend, who speaks so knowledgably about these issues, particularly in relation to Hong Kong but also China as a whole. I reassure her that it remains the UK Government’s view that for Hong Kong’s future success it is absolutely essential that it enjoys, and is seen to enjoy, the full measure of the high degree of autonomy and the rule of law, as set out in the joint declaration and enshrined in the Basic Law, and in keeping with the commitment to one country, two systems.

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.

I am grateful to the Minister for what he has said so far, but may I press him further on the Sino-British joint declaration? How confident is he that China is respecting it as legally binding? If he feels that it is not doing so—which is my observation—what steps is the Department taking to represent the UK Government’s view that it should be legally binding on the Chinese Government?