The Minister of State, Foreign and Commonwealth Office and Department for International Development (Lord Ahmad of Wimbledon) (Con)
My Lords, I first join all noble Lords in thanking my noble friend Lady Anelay for tabling this debate and thank them for their very focused contributions from the outset. There were a lot of questions; if I am unable to cover them in the time I have, following the usual courtesies I shall write to noble Lords and lay responses to those questions in Library.
I am sure noble Lords will forgive me—and join me—if I start by paying tribute to the important contribution of my noble friend Lord Patten. He is for ever a reminder to us of the importance of standing up for the rule of law in the context of Hong Kong, and the role he played was instrumental. I listened carefully to all of his contribution, in particular his specific proposal to have the telegram of 5 June 1989 placed in the Library. I will certainly take that forward, and hope that we will be able to deliver on that in the very short term.
As we all know—noble Lords alluded to this—on 28 May China’s National People’s Congress adopted a decision that would impose a national security law on Hong Kong. Let me assure all noble Lords who have contributed that we share their concerns about this unprecedented development; my closing remarks will echo the Foreign Secretary’s comment. I also thank those noble Lords, including my noble friends, who gave their support for the Government’s statement last week. I particularly note the support of the noble Baroness, Lady Northover, and the noble Lord, Lord Collins. More details will of course follow on the specifics of the announcements around BNOs. I will come on to that.
As my noble friend Lord Patten and other noble Lords reminded us, Hong Kong’s success was built on its high degree of autonomy and freedoms. My noble friend Lord Howell made this point well. This is under the “one country, two systems” framework that China itself has long advocated and reaffirmed. This framework is enshrined in Hong Kong’s Basic Law and underpinned by the provisions of the Sino-British joint declaration of 1984. As my noble friend Lady Anelay reminded us, the joint declaration is a legally binding international treaty, a point also well made by the noble and learned Lord, Lord Hope. The treaty is registered with the United Nations and remains as valid today as it was when it was signed, more than 35 years ago.
The imposition of a national security law on Hong Kong would lie in direct conflict with China’s international obligations. Yes, as my noble friend Lord Patten reminded us, there are provisions for a national security law. However, as several noble Lords including him pointed out, this imposition goes directly against those obligations under the Sino-British joint declaration. It would also lie in direct conflict with article 23 of Hong Kong’s Basic Law, which gives Hong Kong sole jurisdiction to enact these laws. Imposing the national security law would undermine Hong Kong’s high degree of autonomy and threaten the freedom of its people. The Basic Law is unequivocal: it allows for Hong Kong to make its own laws and there are a limited number of areas in which Beijing can directly impose legislation. These include foreign and defence policy, and emergency legislation in extreme circumstances such as a state of war. As my right honourable friend the Foreign Secretary has made clear, we do not oppose Hong Kong having a national security law. What we strongly oppose is its imposition by Beijing.
The impact on human rights was touched on, rightly, by many noble Lords, including my noble friend Lord Bridgeman. The noble Lords, Lord Dubs and Lord Truscott, reminded us about the joint declaration as well. The proposed national security law further raises the prospect of prosecution in Hong Kong for political crimes. It threatens to undermine existing commitments to protect the rights and freedoms of the people of Hong Kong, as set out in the joint declaration, which reflects the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. We are also acutely conscious that Hong Kong’s rule of law and world-class independent judiciary, as mentioned by several noble Lords including the noble and learned Lord, Lord Hope, are a cornerstone of its economic success and way of life. We will of course watch the impact of these proposed measures closely.
I turn to Her Majesty’s Government’s response. I have listened carefully to a number of helpful suggestions and detailed questions. If I may, I will respond in writing to several of them. However, we are very clear-eyed in our approach when it comes to China. That is rooted in our values and interests. The point was made about China and its partnerships. Several noble Lords, including my noble friend Lord Randall, reminded us of our international workings. When it comes to issues such as climate change—my noble friend reminded us of COP 26—we believe that China also has a vital role in the international community, including in its global response to the pandemic. It has worked with many countries and the World Health Organization in its response.
It has always been the case that when we have concerns, we will raise them. On human rights, let me assure noble Lords that we will continue to raise the issue of the Uighurs, which was mentioned by the right reverend Prelate, as we have previously done at the Human Rights Council in Geneva. We will speak out.
Several noble Lords, including the noble Lord, Lord Hannay, who speaks with great experience, referred to the proposal of the seven Foreign Secretaries, including the noble Lord, Lord Owen, for a contact group. The noble Lord, Lord Alton, mentioned human rights and the importance of broad coalitions. My noble friends Lord Patten, Lord Balfe and Lady Helic talked about international action, as did the noble Baroness, Lady Northover. Last Thursday, alongside his counterparts in Australia, Canada and the US, my right honourable friend the Foreign Secretary released a joint statement expressing deep concern over the proposed new security legislation. We are working with New Zealand, Japan and, yes, our partners in the EU—which the noble Baroness, Lady Northover, and my noble friend Lady Helic mentioned—who also made statements expressing concern.
The noble Baroness, Lady Jay, talked about the international group. My noble friend Lord Cormack talked about broadening coalitions, including at the UN. I am sure that noble Lords will have seen that we raised the issue of Hong Kong at a recent Security Council meeting, despite the challenges that China posed. We have taken steps towards creating broader coalitions. My noble friend Lady Meyer talked of the G7, my noble friend Lord Bowness talked of wider coalitions and the noble Lord, Lord Glasman, suggested how we might strengthen and broaden coalitions. I will of course reflect on all noble Lords’ contributions regarding how we can further strengthen international opinion on this issue. I assure noble Lords that we will work with all international partners, including those in the EU, because we want to implore China to reconsider its current path.
My noble friend Lord Wei talked of great hope, and we hope that hope can be restored. We encourage China to work with the Hong Kong Special Administrative Region Government and the people of Hong Kong. Several noble Lords rightly pointed out that the needs of the people should be put first in order to find a solution that will encourage dialogue and respect for human rights; I am unequivocal about that. I am proud to have among my responsibilities the role of Minister for human rights for Her Majesty’s Government. It is important that we put human rights at the forefront of our agenda because by doing so, we will help to restore trust.
The proposed imposition of a national security law—an incredibly sensitive subject in Hong Kong—would exacerbate existing divisions. From the beginning of the unrest, this Government have been committed to our responsibilities to the people of Hong Kong, to supporting their right to peaceful protest and to encouraging dialogue on all sides within the “one country, two systems” framework, to which several noble Lords pointed. The noble and learned Lord, Lord Hope, and my noble friend Lady Goudie mentioned the independence of the judiciary; I agree with them. The noble and learned Lord, Lord Hope, also made a point about HBSC and companies that made statements about the national security law. I shall not comment specifically on that, but I underline our hope that China will think again in respect of enacting this law.
In the time I have left, I will turn to the important issue of British nationals overseas. My noble friend Lady Anelay and the noble Baronesses, Lady Jay and Lady Falkner, amongst others, talked passionately about this issue. The noble Baroness, Lady Falkner, asked about Taiwan. We have not changed our position on Taiwan. I reiterate that it is important that a lasting solution to any issues and disputes between both sides is brought to the fore by exchanges by both sides of the Taiwan Strait.
My noble friend Lady Hooper also mentioned the issue of students returning from Hong Kong. We are of course monitoring the situation. They have a right to return to the United Kingdom and we will do what we can to ensure that we facilitate their return.
I am sure that noble Lords noted that the Foreign Secretary said last week and again on Tuesday that if China continues down this path, we will look to amend the arrangements for BNOs. The noble Lord, Lord Collins, raised that issue, as did other noble Lords. Under the current status, BNO passport holders in Hong Kong are already entitled to UK consular assistance outside of China and protection and entry clearance for six months into the UK. However, in response to actions that the noble Lords, Lord Powell and Lord West, suggested, if China follows through with proposed legislation, the Government will put in place arrangements to allow those with BNO status to live, work and study in the UK for an extendable period of 12 months. That will provide a path to citizenship, as my noble friend Lord Trimble reminded us. We will keep the door open. The noble Baroness, Lady Kennedy, also mentioned that point.
We want to give the Chinese Government the chance to step back from their current course of action, and I note some of the questions that have been raised, including those from the noble Lord, Lord Purvis. I shall of course write to noble Lords regarding the questions I have not had time to answer.
The noble Lord, Lord Collins, and the noble Baroness, Lady Kennedy, mentioned the Magnitsky proposals and secondary legislation in that respect. We are working through this and I assure noble Lords that it is certainly our aim to bring this to Parliament at an early stage—I hope in advance of the Summer Recess, but a lot of work is being done. I am sure that noble Lords will accept that it would not be appropriate for me to comment on specific designations at this point. The noble Lords, Lord Wood and Lord Campbell, asked about Huawei. Our decision on that carries the strongest possible scrutiny.
I thank my noble friend Lady Anelay for tabling this debate. I am sure this is an issue that we will continue to return to in the coming days and weeks, but I want to put on record that the UK and its partners have been clear to China. Imposing this national security legislation would be a clear violation of China’s international obligations, including those made to the United Kingdom under the joint declaration. I put on record our call to China to reconsider this path, because I assure all noble Lords that the UK will not look the other way when it comes to the people of Hong Kong.