China: Uighur Internment Camps
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Lord Ahmad of Wimbledon (Con)
I can assure the noble Baroness that the Government’s priority is, and will remain, to stand up against abuses of all human rights and for freedom of religion or belief anywhere in the world.
Baroness Northover (LD)
My Lords, the noble Lord will now be very familiar with the China Tribunal’s conclusions on the forced removal of organs from the Uighurs and others. Are the Government now taking this report seriously? Are the Magnitsky sanctions being considered for those who may be involved in this appalling practice?
Lord Ahmad of Wimbledon (Con)
My Lords, on the noble Baroness’s second point, I cannot speculate on designations. On the organ harvesting report, I have, as she knows, met with Sir Geoffrey Nice. We have also carefully considered the group’s report of 1 March. That report contains numerous disturbing allegations of serious human rights abuses, including sexual violence, torture, and forced DNA testing. After reviewing the situation this morning, I have again written formally to the World Health Organization
Nigeria: Religious Violence
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Lord Ahmad of Wimbledon (Con)
My Lords, we are working with the Government of Nigeria, and with NGOs and faith NGOs on the ground, such as Christian Aid and the Catholic Agency for Overseas Development, to support communities--particularly those that have been displaced--and we will continue to do so.
Baroness Northover (LD) [V]
My Lords, Amal Clooney has just resigned as envoy on media freedom because of the Government’s statement that they may not respect an international treaty that they have just agreed and signed. What challenge does this situation pose for the Minister as he makes the UK’s case for media freedom and freedom of religion and belief, including in relation to Nigeria, at UN bodies and elsewhere?
Lord Ahmad of Wimbledon (Con)
My Lords, I remain resolute in standing up against human rights abuses in whichever forum I attend, and will continue to do so on behalf of Her Majesty’s Government.
Taiwan
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Lord Ahmad of Wimbledon (Con)
My Lords, on the noble Lord’s second point, concerns have been raised with the World Health Organization on the issue of organ harvesting. I know the noble Lord is aware that the evidence does not comply with action in this regard, but I am sure that we will return to those discussions.
On the initial question about the World Health Organization and World Health Assembly, we continue to lobby in that respect. This is an organisation where the criteria that I outlined earlier about statehood not being a prerequisite applies. Given the performance of Taiwan in dealing with the Covid-19 crisis, I think that it has an important contribution to make in this regard.
Baroness Northover (LD)
My Lords, the US Mission to the UN has tweeted that the UN
“was founded to serve … all voices”
in the world, and that
“Barring … Taiwan … is an affront not just to the … Taiwanese people, but to UN principles.”
Does the Minister agree?
Lord Ahmad of Wimbledon (Con)
My Lords, as I have just said in my previous answer, we regard the relationship with Taiwan as an important one bilaterally. Equally, we believe that Taiwan has a role to play in international organisations where statehood is not a prerequisite. In the current pandemic of Covid-19, Taiwan’s response shows that it can make a valuable contribution. Therefore, we hope that in November, for example, at the World Health Assembly, it is allowed to attend as an observer.
Treaty Scrutiny: Working Practices (EUC Report)
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Baroness Northover (LD)
My Lords, I too thank the noble Lords who have introduced these three impressive reports. As my noble friends Lord Purvis and Lord Wallace have noted, it is an irony that the Committee is having this debate on a day on which the Government have flagged that they may go back on an agreement they have already made, with the EU, on the Northern Ireland border. If indeed that is what they plan to do, this has huge consequences for peace on the island of Ireland, and for the unity of the United Kingdom. I expect emollient words, as usual, from the Minister, whatever he may privately feel. The Government do seem to be rowing back a little today, but whose bright idea was it to throw out agreements already made? When I bear in mind how we endeavour to ensure that China adheres to its signature on the 1997 Sino-British treaty on Hong Kong, the Minister will absolutely know what risky ground the Government may well be on. How can we ask others to adhere to treaties if we feel we can pick and choose which ones we will adhere to?
It is clearly vital to the rules-based global order, which we say we support, that countries guide their relationships through treaties, not conflict, and adhere to agreements made. Treaties have become more numerous and complicated than was the case with traditional peace treaties, or ones which bound one country to assist another if attacked. The Constitution Committee’s 2019 report, Parliamentary Scrutiny of Treaties, noted this, and that Brexit made the examination of treaties, which were now likely to multiply, very pressing for the United Kingdom. It pointed out:
“During the … UK’s membership of the EU, the nature of treaties changed fundamentally—broadening from areas largely associated with international affairs—peace settlements and security alliances—to wide-ranging economic and trade agreements, encompassing diverse public policy issues.”
There had already long been concern about Parliament’s ability or otherwise to scrutinise treaties, dating back to Victorian times, as the noble and learned Lord, Lord Goldsmith, said. I recall the concern in the early 2000s about the agreement we made with the United States on extradition, which was not subject to parliamentary scrutiny and was not reciprocal. We see those concerns playing out in reality now, not least in the case of Anne Sacoolas and Harry Dunn, yet we have had to extradite those with clear and major mental health problems.
The CRaG Act of 2010 sought to address some of the concerns about proper and thorough scrutiny of treaties, just as legislation should also be subject to proper and thorough scrutiny, not least lest unintended consequences may be shown up. As the noble Lord, Lord Whitty, the noble Baronesses, Lady D’Souza and Lady Donaghy, and other noble Lords have said, CRaG is not fit for purpose post Brexit. The Act requires that a treaty be laid before Parliament 21 sitting days before ratification, alongside explanations of any such treaty. That was certainly a step forward, but it has not proved effective in providing adequate scrutiny or, in effect, allowing Parliament the power to amend a treaty or prevent ratification. It occurs when the treaty has already been agreed. As the noble Earl, Lord Kinnoull, pointed out, most treaties were scrutinised within the European Parliament.
It is clearly important to look at such treaties in advance, before they are concluded; otherwise, the matter is delivered as a fait accompli. It is a bit like the case with statutory instruments, where you do not necessarily want to reject the whole SI—an action regarded as a very rare nuclear option.
Scrutiny of treaties has not kept up with where we are. As the noble Lord, Lord Boswell, and others put it, scrutiny is essential. As the nature and number of treaties expanded while we were in the EU, many of them were negotiated at an EU level. The noble Baroness, Lady Noakes, may wish to go back to a pre-common market period, but life has moved on—and so have treaties.
The noble Lord, Lord Lansley, and others pointed out that transparency does not impede the Government but can assist them. My noble friend Lady Bowles showed how it helped in the case of EU negotiations with the United States. Now that we are negotiating our own treaties, such as trade deals, updating how we scrutinise them becomes urgent. My noble friend Lord Beith and the noble Lord, Lord Bilimoria, emphasised how important such trade deals are.
The International Agreements Sub-Committee was set up to address, as it was put, “some of the deficiencies” of Parliament’s current treaty scrutiny processes. Surely the noble Lords, Lord Lansley and Lord Whitty, are right that the committee should stand alone and not just as a sub-committee of the European Union Committee. Given all that was said about “taking back control” to be delivered by Brexit—reference has been made to that today—including that this meant that the UK Parliament would expand its role, as my noble friends Lady Smith and Lord McNally said, and the expectation that various treaties would be brought forward as a result of Brexit, not least in terms of trade deals, clearly this issue must be addressed. As my noble friend Lord McNally pointed out, the Brexiteers promised increased sovereignty for Parliament.
The sub-committee has been set up and, as the noble and learned Lord, Lord Goldsmith, indicated, is looking at whether adequate scrutiny of treaties can take place within the current CRaG arrangements, not least because there is little time or opportunity for legislative change. But as this latest report makes clear, the feeling is that if this scrutiny does not work, then legislative change to CRaG will be required. The way in which the Government pushed back with their response to the 2019 reports makes this conclusion look more, rather than less, likely.
That brings us to the three reports we are debating. The Constitution Committee’s report, Parliamentary Scrutiny of Treaties, is over a year old, as is the European Union Committee’s Scrutiny of International Agreements. We have the working practices paper from the new sub-committee, which is more recent; as the noble Baroness, Lady Taylor of Bolton, said, the Constitution Committee recommended the establishment of this sub-committee. All the reports have called for greater transparency, a role for Parliament earlier in the process of negotiating international agreements and a proper role for the devolved institutions. Only the noble Baroness, Lady Noakes, thinks that the reports go too far. Others, such as the noble Baroness, Lady Goudie, argue the opposite.
Despite what the Government said in their 2019 response, the new sub-committee states that it expects the ratification of treaties to be extended beyond three weeks to enable proper scrutiny. Can the Minister tell us specifically whether the Government now agree? We do not want just warm words, to which my noble friend Lord McNally referred. Will they agree to this limited request?
The report notes that the FCO was unable in short order to answer its own questions. One might well ask why the Government think that three weeks is enough for Parliament to scrutinise a complicated trade deal. Of course, in terms of their own delays on a few questions, I note the Government have decided to use up some of their bandwidth, despite facing Brexit and coronavirus, by merging DfID and the FCO and changing their Permanent Secretaries. That cannot have helped.
The committee notes the complexity of scrutinising free trade agreements, covering many areas, as David Henig laid out, including the environment, employment relations, technical standards, food safety and much else. How might the Government facilitate this more complicated scrutiny? As I say, the noble Baroness, Lady Noakes, does not think that they need to and the noble Lord, Lord Foulkes, does not think that they will. I have a feeling that I agree with the noble Lord.
The European Parliament, of which we used to be a member, and to which UK citizens voted their representatives, has more power here than does the UK Parliament. I note that the Government do not want to replicate this, according to their response. Yet our leaving the EU, as the noble Earl, Lord Kinnoull, put it, results in a democratic deficit that Parliament must put right. Again, so much for taking back control —to the Executive, maybe. The US Congress has more powers, and we expect that those will be brought to bear in any agreement with the US on trade.
The Government pushed back hard on the 2019 reports, pocketing where the reports allowed the Government to take unilateral action but giving little in terms of transparency or timing on any scrutiny. For example, the Government welcome the fact that the committee saw no need to amend CRaG, exploiting its politeness. It is therefore useful to have this year’s report on how things are working, or not really working. There are serious warnings in here. As the noble and learned Lord, Lord Goldsmith, my noble friend Lord Beith, the noble Baroness, Lady Bennett, and others have pointed out, treaties may have as great an effect on the UK and its people as the legislation we consider. I therefore look forward to specific proposals and agreement from the Minister, and for him no longer to endorse the Government’s response that we have here.
Aid Impact
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The Senior Deputy Speaker (Lord McFall of Alcluith)
We will come back to the noble Lord, Lord Collins. I call the noble Baroness, Lady Northover.
Baroness Northover (LD)
My Lords, the Minister rightly argues that transparency and accountability are vital. The Government have said that it will be up to the Commons to decide whether there is an International Development Select Committee, which precedes the creation of a separate department. If a Motion is tabled to abolish that, will the Government be giving those on the government payroll and on the Back Benches a free vote, or will they be advised which way to vote?
Baroness Sugg (Con)
My Lords, we will reflect carefully on the recommendations of the IDC and the Liaison Committee before bringing forward Motions to change existing the committee structures for the House to agree later this year.
Aid Spending
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Baroness Sugg (Con)
My Lords, departmental accounts will be published in the usual way. I reassure the noble Baroness and, indeed, the NGOs to which she referred, that of course we are listening very closely to what they say to ensure that the new department is greater than the sum of its parts, and what we want it to be. We aim to use all the tools of our influence and expertise to continue our work and development. We are a world leader in international development, as the noble Baroness says, helping to end extreme poverty in developing countries around the world. We are absolutely committed to putting UK aid at the heart of what we do in the new department. We will continue with our 0.7% and will ensure that we continue the good work that we have seen from DfID in the new FCDO.
Baroness Northover (LD) [V]
Development is global and long term, which is usually different from the aims of other government departments. Given the headlines about raiding the development budget, including from the Treasury, exactly how will her department guard against this?
Baroness Sugg (Con)
My Lords, as I hope I have made clear, we will continue our commitment to 0.7% in the new department, as was said in the Conservative Party manifesto on which we were elected, and we will proudly maintain that commitment. We must ensure that both our diplomacy and development work continues, as it has done in the two separate departments, within the new department. In our new department, we aim to pursue our national interests and project the UK as a force for good in the world, which includes safeguarding UK security, defending our values, reducing poverty and tackling the huge global challenges that we face.
Global Human Rights Sanctions Regulations 2020
Baroness Northover Excerpts(4 years, 3 months ago)
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Baroness Northover (LD) [V]
My Lords, I too thank the Minister for introducing these regulations. The very clear Explanatory Memorandum rightly records that,
“human rights violations by State actors, and … non-State actors, leads to unstable and less prosperous societies. Such conduct perpetuates violent conflict, creates a world where terrorism flourishes and where democratic institutions are weakened. It has a devastating impact on individuals and … societies … deterring such conduct would help create fairer and more just societies, which support the long-term global conditions most conducive to security, economic growth and the safety of all.”
That is a very clear statement.
As I did when we discussed sanctions recently, I once more pay tribute to all those who have played a part here, from Ministers, including the noble Lord, officials in his department, organisations such as Transparency International, and campaigners such as Amal Clooney, Bill Browder and the murdered Russian lawyer, Sergei Magnitsky, himself. I am glad that the Government have listed 25 Russian nationals linked to his case, as well as 20 of those who played their part in the death of Jamal Khashoggi.
However, as others have said, there are omissions. Many noble Lords have mentioned China. I too ask: might those who are oppressing the Uighurs be included? Will proper consideration be given to the China Tribunal’s conclusion about organ harvesting, which was flagged up by the noble Lord, Lord Alton, and might sanctions result? What about those taking action in Hong Kong? How do we make sure that in our newly exposed position outside the EU we are willing to place sanctions in relation to China, as my noble friend Lady Smith of Newnham and others asked?
Several noble Lords mentioned corruption. In their equivalent legislation, the United States and Canada include corruption. The Government are already considering adding this, looking at the United Nations Convention against Corruption. Do they intend to base the definition of corruption on the UN convention? Will it include embezzlement of state funds, to cover kleptocrats, and bribery? Can the Minister also tell us how the new sanctions regime will be overseen so that it is not knocked off course by short-term concerns? Will its oversight be separate from ministries which might have other interests here? What parliamentary oversight will there be? It has been suggested that there should be routes other than via Ministers for proposing or considering whether individuals should be sanctioned. Might there be a judicial route here? I note the comments of the noble Baroness, Lady Kennedy of The Shaws.
Within the EU, particularly with Sweden and the Netherlands, we were working to develop similar human rights sanctions arrangements for all EU countries, which would have had a major effect. Like my noble friend Lord Bruce, I believe that it is clear that we would have been much more effective if were working within the EU. Sanctions across the EU would have been much more powerful than we can be by ourselves, and the pressure on future Ministers not to take action would have been less acute. The right reverend Prelate the Bishop of Rochester is right about the risks of our isolation and that the rest of our foreign policy must be consistent with what we are saying here.
Nevertheless, we welcome these regulations and look forward to the further development of our sanctions policy. I too wish the Minister a very enjoyable holiday and thank him and his officials for their readiness to engage across all areas of foreign affairs. I look forward to hearing his response.
Terezin Declaration
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Lord Ahmad of Wimbledon
My Lords, on the noble Lord’s final point, we do engage regularly—most recently, as we heard from my noble friend, engagement through our ambassador produced positive results. We of course look forward to working with the new Government and I assure the noble Lord that at my first meeting with the Foreign Minister we will discuss various issues, including that of restitution.
Baroness Northover (LD) [V]
Justice dictates that huge efforts must be made to restore to families property stolen from those who died at the hands of the Nazis. All EU states signed the Terezin declaration. What arrangements are we making after the transition period to work with our EU neighbours to deliver on those commitments?
Lord Ahmad of Wimbledon
My Lords, we will continue to work with our EU friends on a number of important issues, as we will do on this and on wider issues of freedom of religion or belief.
China
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Lord Collins of Highbury (Lab)
My Lords, the UK must offer a firm and resolute response to China’s unwarranted and illegal actions in Hong Kong, and I welcome the two measures contained in the Statement as part of this. The extension of the arms embargo will prevent UK weapons and equipment being used, and I would like to ask whether the Minister will also review the training provided to the Hong Kong police by UK institutions. The immediate and indefinite suspension of the extradition treaty is also welcome, but this must form part of a global response.
On Monday, the Foreign Secretary acknowledged that it needs to be more than just the traditional Five Eyes and Europeans, because there is, as he put it, a whole range of non-aligned countries out there that are very much influenced by what China is doing and saying. So, I ask the Minister: has the meeting with the German Foreign Secretary taken place this week, and has there been a positive response? Also, have there been any multilateral or bilateral talks with the Commonwealth to build support for upholding the international rule of law in all areas, including the South China Sea?
The Foreign Secretary, in response to my honourable friend Lisa Nandy, said in relation to the HSBC Statement:
“The rights and the freedoms of … the people of Hong Kong should not be sacrificed on the altar of bankers’ bonuses.”—[Official Report, Commons, 1/7/20; col. 336.]
Can the Minister explain what the Foreign Secretary meant? The persecution of Uighur Muslims, including their detention in re-education camps and the forced harvesting of their organs, represents one of the gravest oppressions of human rights today. At PMQs today, Boris Johnson said:
“That is why the Foreign Secretary, only this week, condemned the treatment of the Uyghurs. That is why this Government, for the first time, have brought in targeted sanctions against those who abuse human rights in the form of the Magnitsky Act.”
So, does the noble Lord agree with Mr Johnson? Does he accept the urgency of targeting those Chinese officials involved in human rights abuses, including in Hong Kong, or does he follow the Foreign Secretary’s more cautious approach? I was disappointed that yesterday the Minister said that he was not willing to speculate on designations—something Boris Johnson appears happy to do.
I have not asked the Minister to speculate. What I hope for from this Government is a clear commitment to accelerate the timetable for targeted sanctions on Chinese officials involved in the persecution of the Uighur people. If he will not make this commitment tonight, will he at least confirm that the US has provided the evidence upon which they have acted? I would appreciate it if he could, at the very least, confirm the Government’s red lines on what it would take for the application of Magnitsky sanctions in this case.
The Foreign Secretary said that he had given, with Mike Pompeo as well as the other Five Eyes partners,
“due consideration to co-operation on future evidence.”—[Official Report, Commons, 20/7/20; col. 1840.]
Does that mean we have an agreement on the sharing of evidence, and can we move more speedily as a consequence?
In the coming months, the Government must remain alert, monitor China’s action and respond accordingly. While it may be Hong Kong or Xinjiang today, it could be Taiwan tomorrow. The Minister will be aware that Taiwan’s Foreign Minister warned only today that China is imposing itself on Taiwanese airspace and waters. Has the Foreign Office made an assessment of these claims, and were they discussed with Mike Pompeo?
Baroness Northover (LD) [V]
My Lords, I thank the Minister for bringing this Statement on China and Hong Kong to the House. It is surely right to seek a positive relationship with China, with its ancient culture, economic strength and developing excellence in science and technology—especially green technology—as the Statement makes clear.
Nevertheless, we cannot turn a blind eye to human rights abuses, and the Secretary of State is right to identify the appalling treatment of the Uighurs. Can the Minister say whether the Foreign Office has now taken a view on the China Tribunal’s conclusions, and is the FCO bringing China within the scope of the new Magnitsky sanctions?
In terms of Hong Kong, we have a special responsibility. Britain and China signed a treaty, which is lodged at the UN, protecting the rights of those in Hong Kong for at least 50 years. The national security law has blown that away. Like the noble Lord, Lord Collins, I therefore welcome the Government’s actions on citizenship for BNO passport holders, the suspension of the extradition treaty and the extension of the arms embargo. Nevertheless, I once more flag the position of young activists who do not have BNO passports and will be particularly at risk. Will the Government make sure that no one is excluded from this offer? What steps are they taking to ensure that those facing political persecution can freely leave?
The involvement of independent foreign judges in Hong Kong has long been seen as the canary in the coal mine: if they went, the writing would be on the wall for the independence of Hong Kong. The President of the UK Supreme Court has now questioned whether UK judges can continue to sit on the Hong Kong Court of Final Appeal. What is the Minister’s view?
As I asked yesterday, does the Minister believe that there can be free and fair elections to the Legislative Council in September? Will the Government seek to send an election observation mission to Hong Kong? What further actions might the Government take if these elections are not free and fair?
There is also wide concern about free speech. Will British journalists be advised to relocate, and how might access to a free internet be protected? Are the Government willing to work alongside others to create a UN special envoy or rapporteur for Hong Kong, who could have special responsibility for monitoring the human rights situation on the ground? Is there a way this could be done without China simply vetoing it?
As I have expressed before, I remain concerned that not all countries in the EU, a tiny number of Commonwealth countries and no countries in Asia, South America and Africa supported the UK in relation to the new law. This is a desperate situation, and China should recognise the loss to their country of an outflow of talented young people from Hong Kong and step back, even at this late stage, from implementing this new national security law. I look forward to hearing the Minister’s response.
The Minister of State, Foreign and Commonwealth Office and Department for International Development (Lord Ahmad of Wimbledon) (Con)
My Lords, I first thank the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their support of the Government’s position. I am sure they both recognise—indeed, they have acknowledged—the fact that, over several months now, the Government have stood up for what they said they would do.
I know, in my own work as Human Rights Minister, that we have not only strengthened but sought to build alliances in the context of the UN Human Rights Council and gained support—including ourselves, there were 27 countries that voted for the statement. However, as the noble Baroness, Lady Northover, has rightly reminded us again, there were a vast number of countries that were not supportive of the statement initiated by the United Kingdom, and that is a cause for concern.
Therefore, we continue to work through all international fora, as well as bilaterally, to ensure that not only the situation in Hong Kong but that of the Uighur Muslims—which the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, mentioned specifically—is at the forefront of all our minds. It is particularly noticeable and disappointing that very few countries in the Islamic world have spoken out in defence of the Uighur Muslims. I am not for a moment suggesting that one religion should speak in its own defence, but whoever is persecuted, wherever they are persecuted and irrespective of your faith or belief, you should stand up for their rights, and it is disappointing that we have not seen a response from the wider community. However, we continue to work undeterred.
The noble Baroness mentioned the Commonwealth and will have noted that we have the support of notable partners, including Canada, Australia and New Zealand, in this respect. We will continue to work with them in further strengthening the response from across the Commonwealth. In the context of the European Union, there was a meeting of the Foreign Affairs Council, which agreed that national Governments would focus on this issue and announce appropriately.
The noble Lord, Lord Collins, asked about the visit today of the German Foreign Minister, which is ongoing. I have been on a virtual visit to the UN today, so I have yet to see the updates from those discussions. However, knowing the German Foreign Minister well, I know how much he cares about human rights. Recently, I was with him when he chaired an event at the UN Security Council on the important issue of preventing sexual violence in conflict and standing up for the most vulnerable. We share a value system with many of our EU partners and, more globally, across the Commonwealth—values central to Commonwealth thinking. We will continue to raise these issues bilaterally and in international fora.
The noble Lord, Lord Collins, mentioned the role of various private institutions in Hong Kong, which continue to operate. The Foreign Secretary and the Prime Minister have been clear that companies must decide in which countries they will operate, but that, while that is a business decision for them, everyone should recognise that the situation prevailing in Hong Kong is a direct contravention of the joint agreement and of “one country, two systems”. As the noble Baroness, Lady Northover, reminded us, this agreement has been lodged with the United Nations. Therefore, we continue to implore China to uphold its obligations as a P5 member of the UN Security Council and as a wider player on important issues currently confronting the world—not only Covid-19 but also, as we work towards COP 26, China’s important role in ensuring that the world faces the challenges of climate change.
The noble Lord, Lord Collins, asked about the sharing of evidence and work around the Magnitsky sanctions. Again, I would cause speculation if I were to say specifically what the next designations will be, but before the Recess we shall have a debate about the sanctions that have already come forward.
The noble Lord, Lord Collins, asked about red lines. On the issue of the Uighurs and human rights across the world, the intention of the global human rights sanctions regime is to hold those who abuse human rights and commit gross human rights violations to account. However, I cannot speculate on the specifics of China at this juncture.
The noble Lord, Lord Collins, asked a specific question on the sharing of evidence. We work very closely with partners across many areas, including the United States among others. We share a common value system with countries in the European Union, with the United States and with many countries in the Commonwealth and beyond. Many countries look towards us for the initiation of what we have done and invoked through the global human rights sanctions regime. I know that other countries—I know of many in Europe—and the European Union itself are considering a similar specific global human rights sanctions regime.
The noble Baroness also rightly raised the important issue of the judiciary in Hong Kong. As I am sure she recognises and as all noble Lords have followed, what has happened as a material change in the announcement of the national security law is the passing of the appointment of judges from the Chief Justice to the Chief Executive. This is in direct violation of Section 3(3) of the joint declaration. We also saw a statement from the noble and learned Lord, Lord Reed, on 17 July. While it remains a question for the judiciary, I am sure that everyone will reflect very carefully on the important role that judges have played in Hong Kong under the existing joint declaration. We continue to implore the Chinese and the Hong Kong Special Administrative Region to continue to uphold the independence of the judiciary.
The noble Baroness also rightly asked about the pending elections. There is some suggestion and speculation that the Covid crisis might be a factor in consideration of whether these elections are held, but our position remains clear and consistent: we believe that the elections in Hong Kong should be open, fair and transparent. We will continue to raise these issues consistently with the Chinese authorities and the Hong Kong Administration.
Hong Kong
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Baroness Northover
To ask Her Majesty’s Government what assessment they have made of the political situation in Hong Kong.
The Minister of State, Foreign and Commonwealth Office and Department for International Development (Lord Ahmad of Wimbledon) (Con) [V]
My Lords, we are deeply concerned by the situation in Hong Kong. China’s new national security law breaches the Sino-British joint declaration and directly threatens a number of Hong Kong’s rights and freedoms. Early reports of the law’s initial implementation are also troubling. We will not look the other way on Hong Kong and we will continue working with partners to hold China to its international obligations.
Baroness Northover (LD) [V]
I thank the Minister. What prospects are there for fair and free elections in Hong Kong this autumn and what steps are the Government taking to assist young activists, such as Joshua Wong, who are not BNO passport holders?
Lord Ahmad of Wimbledon [V]
My Lords, obviously there have been elections even this year at local level. We continue to impress on the Hong Kong authorities and the Chinese authorities the need to ensure that one country, two systems is sustained, maintained and, indeed, strengthened. However, recent events have indicated otherwise and we continue to lobby both Administrations in this respect, including protecting those people who do not qualify for BNO status.