Hong Kong: Sentencing of Pro-democracy Activists

(Urgent Question): To ask the Secretary of State for Foreign, Commonwealth and Development Affairs if he will make a statement on the sentencing of the Hong Kong pro-democracy activists Joshua Wong, Agnes Chow and Ivan Lam.

We are deeply concerned by recent developments in Hong Kong. As the Foreign Secretary made clear in the most recent six-monthly report on Hong Kong, this has been and continues to be the most concerning period in Hong Kong’s post-handover history. The apparent focus of the Hong Kong authorities now seems to be on retribution against political opposition and the silencing of dissent. In the light of our concerns, we have taken decisive action in relation to the erosions of rights, freedoms and autonomy in Hong Kong, specifically in response to the national security law. This has included a new immigration path for British nationals overseas, suspending our extradition treaty with Hong Kong and extending our arms embargo on mainland China to Hong Kong.

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.

I thank the Minister for his answer, and I find nothing to disagree with, but, as in previous discussions on Hong Kong across the House, we want more, and we want to see more action. The fact is that this is getting worse, not better, despite all the warm words that we have heard across the Chamber and, indeed, internationally. Joshua Wong was sentenced to 13 and a half months’ imprisonment, Agnes Chow to 10 months’, and Ivan Lam to seven months’, for offences that are at best trumped-up charges. That is a direct breach of the Hong Kong Basic Law, and of the Sino-British agreement, which guarantees one country, two systems.

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?

I thank the hon. Gentleman for bringing this question to the House. I know that it is a subject that we discuss on a regular basis, but it is only right that we do so, given our history with Hong Kong. He mentioned the case of Joshua Wong and the inability to claim asylum. There will, of course, have to be criminality checks for anyone who comes and claims asylum, but it would be perverse to turn away people from the UK because they have participated in democratic protests, like Mr Wong.

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 congratulate the right hon.—or, rather, the hon.—Member for Stirling (Alyn Smith) on bringing forward this question. [Interruption.] Who knows? I shall certainly, on the basis of this, be promoting him. I agree with pretty much everything he said about the Magnitsky sanctions, and the bad behaviour regarding these trumped-up charges, which are based on an old colonial piece of legislation that should have been done away with years ago and that has been condemned by the UN.

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.

I thank my right hon. Friend for his continued commitment to this issue. He speaks very powerfully, obviously, but as I have just set out, and as the Foreign Secretary has made clear, businesses, including HSBC in Hong Kong, will make their own judgment calls. People will also make up their mind about those judgment calls. We have made an historic commitment to the people of Hong Kong to protect their autonomy and freedom, and, more importantly, so has China. To reiterate the point, we will hold China to its responsibilities.

The arrest and sentencing of Joshua Wong, Agnes Chow and Ivan Lam sets a troubling precedent, and it is important that we send a united message in our opposition to attempts to erode the rights and freedoms of the people of Hong Kong. The Government have recognised that there have been two breaches of the joint declaration, and a series of troubling incidents, including the charges against Jimmy Lai; the freezing of the assets of a former Opposition politician and democracy campaigner by a British bank; and this morning’s arrest of students on charges relating to peaceful protest. Despite the steps that the Government have taken so far, which the Minister outlined, and broad international condemnation, the Hong Kong Executive and the Chinese Government have not changed course.

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.

I thank the hon. Lady for her questions. She mentioned Jimmy Lai; we are of course deeply concerned about the Hong Kong authorities’ apparent focus on pursuing legal cases against well-known pro-democracy figures like Jimmy Lai. It is crucial that the new national security law is not misused to silence critics or to stifle opposition. The freedom of the press is explicitly guaranteed in the Sino-British joint declaration and the Basic Law and is supposedly protected under article 4 of the national security law. There are indeed deeply worrying ongoing arrests of students, which are being used as a pretext to silence opposition. We always raise our concerns directly with Hong Kong and with the Chinese authorities; we urge them to uphold their international obligations.

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.

I, too, have concerns about HSBC and, indeed, Standard Chartered, both of which signed a petition supporting the draconian, authoritarian laws that have been introduced in Hong Kong.

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?

Absolutely. I thank my right hon. Friend for the leadership he has shown in this policy area. We can demonstrate that we are taking both practical and diplomatic actions with regard to China. I thank my right hon. Friend for his remarks about the more robust approach we are taking. I can confirm that the integrated review will very much reflect the broader strategy globally—the Indo-Pacific tilt, as it has been termed.

First, may I thank the Minister and his officials for meeting me regarding the plight of young Hongkongers who are not BNO passport holders? Many of those young people have bravely demonstrated, and fear for their and their families’ futures. In answer to such questions in this House and elsewhere, the Minister has mentioned the youth mobility scheme. As he will be aware, there are only up to 800 places on that scheme, which is open for 48 hours in February, and they will be chosen by lottery—at random—by UK Visas and Immigration. Does he agree that leaving such matters to chance is not desirable? Will he work with me and others to implement a better scheme, ideally extending BNO passport status to all Hongkongers, regardless of age?

I thank the hon. Lady for visiting the Foreign, Commonwealth and Development Office last week to discuss this issue. That offer has been made available to other parties and is very much available to the hon. Member for Stirling (Alyn Smith). I would have been meeting the Opposition spokesman on Asia this afternoon had it not been for this urgent question, but I am sure we will be able to get that re-diarised.

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.

First, does the Minister at least recognise that it is probably only a matter of time before we pull UK judges from Hong Kong courts? Secondly, will he at least condemn the actions of HSBC? Frankly, its directors should hang their heads in shame. HSBC is freezing the accounts of Hong Kong citizens fearing oppression, and this afternoon it has started freezing the accounts of churches in Hong Kong. Thirdly, he said that the new national security law should not be used to oppress people. Maybe I misheard him, but is it not patently obvious that that is what it is now being used for?

There were quite a few questions there. Perhaps my hon. Friend would like to apply for a Westminster Hall debate or some such; given his expertise in this area, that is probably not a bad idea. As I said, British judges have played an important role in supporting the independence of Hong Kong’s judiciary for many years, and we want that to continue. If there were no independent judiciary in Hong Kong, that would naturally play into China’s hands.

May I remind the Minister that we in this House have a sacred duty? I was a member of one of the many all-party delegations that went to Hong Kong to persuade residents that they should trust China to keep its obligations on one nation, two systems. We have that obligation. The fact is that this quelling of democracy in Hong Kong is only the beginning. President Xi is an enemy of democracy worldwide who believes in world power and global economic and political domination. He has to be stopped in Hong Kong, because if not, he will not be stopped elsewhere in the world.

I hear exactly what the hon. Gentleman says. I am not entirely sure what the question was, but the UK Government are fulfilling our moral and political obligation to ensure that China respects its obligations under the joint declaration. I urge him to look at the action that we have taken on the new immigration path for BNOs. We consistently raise our concerns, such as the ones mentioned by the hon. Gentleman, with the Hong Kong and Chinese authorities; the permanent under-secretary at the Foreign, Commonwealth and Development Office did so with the Chinese ambassador on 30 November.

It is very clear that nothing that has been said in this place, by this Government or by any Government in the international community about the crisis in Hong Kong has had any effect whatever on the actions or intentions of the Chinese Government. Piece by piece, we are seeing the stripping away of the freedoms and liberties of the people of Hong Kong. Does the Minister recognise that there is a moment here when the international community needs to do more? It is not about turning up the rhetoric and getting more bellicose in our statements. It is about practical action that shows the Chinese Government that we are serious, and makes them feel some of the pain that the people of Hong Kong are feeling right now.