Jailing of Hong Kong 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 Government’s response to the jailing of pro-democracy activists in Hong Kong.

I thank the right hon. Member for her question on this important matter, and I welcome her to her new role. It is a real pleasure to be across the Chamber from her this morning.

I am glad to reassure the right hon. Lady that my colleague the Minister for the Indo-Pacific, the Under-Secretary of State for Foreign, Commonwealth and Development Affairs, my hon. Friend the Member for Hornsey and Friern Barnet (Catherine West), has issued a statement on the verdict. She makes clear that China’s imposition of the national security law in Hong Kong has eroded the rights and freedoms of Hongkongers. She makes clear that the sentencing decision was a clear demonstration of the Hong Kong authority’s use of the NSL to criminalise political dissent. As she says, the so-called NSL45 were guilty only of exercising their rights as guaranteed under the international covenant on civil and political rights and basic law, and of exercising their right to freedom of speech, assembly and political participation. China’s imposition of the NSL in Hong Kong has eroded the rights and freedoms of Hongkongers, and the UK Government will always stand up for the people of Hong Kong.

The jailing of 45 pro-democracy campaigners in Hong Kong under the draconian national security law is appalling. It is a serious blow to freedoms in Hong Kong. The harsh application of this disturbing law to suppress people in Hong Kong cannot go unanswered. In government, my party consistently championed for that law to be repealed, and we gave safe routes for British nationals overseas in need of protection. I am proud to have established that scheme as the then Home Secretary. We also published reports twice a year on the situation in Hong Kong to raise our grave concerns about the erosion of freedoms with the Chinese authorities and at the United Nations.

Yesterday, the Prime Minister met President Xi and said he wanted a respectful relationship where both countries tried to avoid surprises. He even confirmed that he had called in the application for the new Chinese embassy. But less than 24 hours later, the Sino-British declaration has been trampled on yet again, with the sentencing of 45 pro-democracy campaigners. Where does that leave the Government’s reset with Beijing? Did the Prime Minister actually secure any commitments on Hong Kong yesterday? Will the Prime Minister now be holding further conversations with President Xi to convey his concerns about this appalling jailing? Why did the Minister for the Indo-Pacific this morning not call, in her statement, for the repeal of the national security law?

The official No. 10 read-out of the Prime Minister’s meeting with President Xi failed to mention Jimmy Lai’s case. We understand the Prime Minister did raise concerns, but that is not enough. Did he call for Jimmy Lai to be released and for an end to his politically motivated trial? A yes or no answer is needed, because there is an important distinction between the two.

The UK has an historic and moral commitment to the people of Hong Kong. We must stand up for their rights under the international covenant on civil and political rights and basic law. The Government must provide the mettle needed to handle the relationship with China, to stand up for the freedoms and democracy of Hong Kong, and to raise their game.

The Government absolutely agree about the historic relationship between the UK and Hong Kong and the current incredibly strong and important relationship. In opposition, my party rightly supported the measures for British nationals overseas. We have been crystal clear in our view on yesterday’s sentencing. I repeat that it was a clear demonstration of the Hong Kong authority’s use of the NSL to criminalise political dissent.

Respectfully, I have to say to the right hon. Lady that when she seeks to lecture the new Government on our approach to China she should be aware of what we saw over the past 14 years: a wild oscillation in policy towards China that went from the golden era period right through, finally, to a complete lack of engagement that was out of step with our partners, including the US, France and Germany, which were having those conversations. The new Government have been determined to have those conversations.

The right hon. Lady referred to the Prime Minister’s meeting, where he made very clear his concerns about human rights issues. He did raise Jimmy Lai’s case. That is very clear from the footage of that meeting. If she has not seen it, I respectfully encourage her to look at it. We will continue to raise human rights issues as part of our consistent approach to China.

I call the Chair of the Foreign Affairs Committee.

The verdicts and sentences of the 45 are, like the 2020 national security law itself and the treatment of Jimmy Lai, clear violations of the Sino-British joint declaration on Hong Kong. Following the meeting between President Xi and the Prime Minister, will my right hon. Friend please share with the House what steps the Government plan to take to ensure that the joint declaration is adhered to?

I am grateful to my right hon. Friend for the work that she is undertaking on this matter through her leadership of the Select Committee.

The UK Government have been very clear about these issues. The right hon. Lady rightly mentioned the case of the British national Jimmy Lai, whose trial will resume tomorrow and whose case is a priority for the UK Government. The Foreign Secretary raised it during his first meeting with China’s Foreign Minister, Wang Yi, at the summit of the Association of Southeast Asian Nations on 26 July, and, as I have said, the Prime Minister also raised it during his engagement a few days ago. We will continue to call on the Hong Kong authorities to end their politically motivated prosecution and release Jimmy Lai immediately, and we will continue to press for consular access and, indeed, exert pressure in relation to the other human rights issues that are of such concern to everyone in the House.

I call the Liberal Democrat spokesperson.

We are deeply concerned by the sentencing of the NSL45. Beijing’s assault on fundamental liberties in Hong Kong—liberties that it is obliged to preserve under the joint declaration—continues. We have a moral duty to stand with Hongkongers, not least Jimmy Lai. I met his son Sebastian last week. His father has been held for in solitary confinement for more than four years, despite a serious health condition. Does the Minister understand that meeting Chinese Ministers, as the Foreign Secretary and the Prime Minister have in the last month, without setting out any consequences gives China the green light to continue? We saw under the Conservatives that this passive approach yielded no results, so does the Minister agree that there should be no further ministerial meetings until these human rights abuses are addressed, and specifically, does she agree that there should be no visit by the Chancellor to Beijing until Jimmy Lai is released?

The Foreign Secretary has also met the family of Jimmy Lai and, like all of us on this side of the House, is deeply concerned about his situation. Jimmy Lai is, of course, 76 years old, and there are deep concerns about his welfare. The UK is absolutely clear about the fact that he must be released immediately. I have to say, however, that I do not agree in any way with the hon. Gentleman’s characterisation of the current UK Government’s approach. During the latter years of the previous Government we saw what was arguably a passive approach and a lack of engagement, with no meetings and visits, and that was not the right approach to take. It followed the golden era when there was a very different approach—an approach, some would say, that was not clear-eyed. The current Government are instead being consistent. We are engaging where it is necessary to challenge as well as engaging where it is necessary to compete and, indeed, to co-operate. That is the right approach when it comes to these matters of human rights, as well as our relationship with China more broadly.

As chair of the all-party parliamentary group on Hong Kong, I thank Ministers for their efforts and recognise the efforts of the Prime Minister. However, after nearly four years in solitary confinement for Jimmy Lai and with a trial beginning in a court that we know will only ever find him guilty, at what point does the delicate diplomacy have to give way to something more like a demand for his freedom?

I am grateful to my hon. Friend for his recognition of that engagement. As I mentioned a few moments ago, the UK Government are deeply concerned about Jimmy Lai’s situation, but we have been crystal clear—and that includes the clarity provided by the Prime Minister, which, in respect of this issue as well as others, was very much in evidence during his meeting at the G20.

I have sat watching both Governments on this one, and I do not think that any Government have the right to accuse the party that was formerly in power and talk about what it got wrong, because that Government got it all wrong and this one are getting it all wrong as well.

The key point is this. The Minister has referred to all those who have been incarcerated but particularly to Jimmy Lai, who is in solitary confinement. Yesterday, when the Prime Minister rightly started to raise the issue of Jimmy Lai and human rights, all the journalists were cleared out of the room straightaway because the Chinese Government did not want them to hear what he was saying. Just before that meeting, President Xi said that China would “brook no interference” when it came to democracy and human rights, and that is one of his four red lines. I put this question simply to the Minister: does she not think that without some kind of sanction, China will go on and on? America has sanctioned many senior officials in Hong Kong for these abuses, and we have sanctioned none. Does she not think it is time for us to say, “We will sanction someone if you do not stop”?

I believe it is appropriate to make relative judgments so that we can assess the right way forward for the UK’s relationship with China. That is why the UK Government are conducting an audit of our relationship with China so that we can have a consistent approach. We believe that is incredibly important, so I am afraid that I respectfully do not agree with the right hon. Gentleman. I had a ringside seat for some of the actions of the previous Government during the golden era, and for what was suggested then around trade protections. We need to move forward with a more clear-eyed approach, and the UK Government could not have been clearer on these matters of human rights, including the Prime Minister himself, as the right hon. Gentleman just acknowledged. On sanctions, he will understand, of course, that I will not speculate on future designations, as to do so could reduce their impact, but I can reassure him that the FCDO continues to keep potential sanctions designations under close review.

Over 5,000 Hong Kong families have settled in Reading over the past few years, including in my constituency, and I have stood alongside Hong Kong activists in peaceful demonstrations here in the UK. The onerous sentencing of pro-democracy activists in Hong Kong will give people a broad reason to fear transnational repression and continued harassment here in the UK. Can the Minister assure us that she will work to upkeep not only the BNO visa programme and the path to citizenship, but the civil liberties of Hongkongers here in the UK who may be at risk of transnational repression?

I am grateful to my hon. Friend for raising this issue. I have read her fascinating book, which covers human rights in China, and she is clearly an expert on these matters, as well as having constituency experience. The UK Government’s view is that any form of harassment is unacceptable and that political freedoms must be retained, including in the UK and, above all, for BNOs. We will continue to ensure that that is the case.