Hong Kong National Security Legislation

Lord Carrington Excerpts

Thursday 2nd July 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, my noble friend is right to raise this issue, which was part of the Permanent Under-Secretary’s discussions with the Chinese ambassador. Does this apply just to those with non-resident status in Hong Kong, or does it apply not just to those people who have travelled elsewhere in the world but to everyone? That has not been made clear and we will continue to seek that clarification. We outlined those concerns in our meeting with the Chinese ambassador yesterday.

[Lord Carrington (CB) [V]]

My Lords, in announcing the decision on BNO passports, what consideration has been given to the likely Chinese reaction? I believe that there is a provision in an annexe to the joint declaration stating that BNOs will not have the right of abode in the UK. What happens if China retaliates by removing some of the Hong Kong rights of BNOs on the basis that they can no longer be considered citizens of Hong Kong? This is scarcely a comfort to those who wish to continue to work and live in Hong Kong.

[Lord Ahmad of Wimbledon]

My Lords, what has happened through the announcement by the Chinese is a breach of the joint declaration.

The noble Lord is correct to say that the BNO status made provisions specifically for those who would stay resident in Hong Kong. Within that, special provisions were granted that would allow them to visit the UK without visa access, but the joint declaration has been breached. We have always retained that we have an obligation to those with BNO status and those who are eligible for that status. We are now carrying out measures and have made announcements to that effect to support them. For those who wish to come to the UK, there is a pathway to citizenship. They must go through due process, meaning that, after their arrival, they will be given leave to remain. Importantly, they will have the right to remain and work in the United Kingdom. After the five-year period, they will be allowed to embark on a route to citizenship. That is the right thing to do; it is within our obligations to the people of Hong Kong.

As to what the Chinese reaction will be to that, we implore them to recognise that Hong Kong has a special status. It has served the Chinese and the global community well. We should seek to retain the freedoms and liberties that it has enjoyed since the signing of that agreement.

Hong Kong

Lord Carrington Excerpts

Tuesday 2nd June 2020 Lords Chamber

[Lord Carrington (CB)]

My Lords, while I join in the criticism of China’s imposition of a national security law, I ask the Minister to confirm that any economic and financial measures being considered to dissuade or punish China should not inadvertently cause further hardship to the citizens of Hong Kong, so that a major humanitarian disaster is avoided.

[Lord Ahmad of Wimbledon]

My Lords, I assure the noble Lord that our priority is ensuring the well-being of the citizens of Hong Kong in terms of economic prosperity, security and human rights.

Hong Kong: Covid-19

Lord Carrington Excerpts

Thursday 19th March 2020 Lords Chamber

[Lord Carrington (CB)]

My Lords, I add my thanks to the noble Lord, Lord Pendry, for the opportunity afforded by this debate to review the situation in Hong Kong. I hope he will forgive me if I do not agree with everything he said.

Happily, to a considerable extent the Government and people of Hong Kong have taken effective measures to control the spread of the coronavirus, which is evidenced by the figures showing that, out of a population of 7 million, there have been 167 cases and four deaths so far, although fears remain of a second wave due to people returning to Hong Kong from overseas trips. I do not think this is the time to criticise measures taken by Hong Kong to control the virus, as all around the world this is a new and fast-changing challenge, which is evidenced by the experiences of Governments from the UK to the European countries to the United States.

The great issue that Hong Kong and other countries face is how to contain the economic damage done by the virus and to grow the economy in a way that satisfies the aspirations of the entire population. Alongside this process, it is very important for the people of Hong Kong to concentrate on the forthcoming LegCo elections in September. On the economic front, the Government have taken many fiscal measures targeted at some of the worst affected areas of the economy. I believe that the amount that will be received by the retail sector is 30 billion Hong Kong dollars. For tourism, I gather it is 20 billion Hong Kong dollars. Tourism, which is principally from the mainland, is down 90%. In fact, this time last year, there were 200,000 visitors a day; this year, it is down to 3,000 per day. There is also a plan to distribute 10,000 Hong Kong dollars to each permanent resident, although the timing of that payment depends on proof of residence.

I am pleased to observe that a good number of owners of Hong Kong property businesses have agreed to assist in the financing of affordable housing or have provided land for housing, and at the same time China has come up with the Greater Bay scheme, which is basically an economic zone which incorporates the southern provinces, with Hong Kong and Macau, creating job opportunities. Schools have been shut since Chinese New Year, but learning continues through online devices. Courts continue to function using videoconferencing facilities. Using coronavirus to criticise the Government is, to my mind, pointless and does not help.

All sides need to move on. Those who have been protesting should now direct their attention away from street demonstrations and towards the forthcoming LegCo elections. Their success at the November district council elections should certainly encourage their efforts. At the same time, they need to rethink their five demands and be prepared to sit down and negotiate with government. The demand for the withdrawal of the extradition law has already been accomplished. Other demands need to be moderated, particularly those that affect the trials of those who committed real crimes during the riots, leading to grievous injuries.

Similarly, the Government of Hong Kong need to reflect on their own competence. They need to ensure that any illegal police behaviour is investigated thoroughly and punished. They need to reflect heavily on their leadership as any Government, whatever their nature, anywhere in the world, ultimately depend on the will of the people. That said, in any society, freedom without discipline does not work. In the case of Hong Kong, we need to acknowledge that the police are the first and only line of civic defence. Without them, disorder, or much worse, would prevail.

Turning to China, I repeat what I have said before. It is not in China’s interests to renege on the Chinese-British joint declaration and the governing principle of “one country, two systems”; it has worked well for more than 20 years, and the Chinese Government have predominantly abided by its terms. Hong Kong continues to represent an important gateway into China and is responsible, as we have heard, for 70% of inward foreign direct investment going through its territory. Chinese private companies’ debt financing in Hong Kong has more than doubled in the last five years, so its importance for China as a financial centre has in no way diminished. This is possible only because there is international confidence in the legal system; as such, it is not in China’s interests to subvert that system.

Article 3 of the joint declaration sets out the rights and freedoms to be maintained. Overwhelmingly, they have been. For instance, look at the freedom of the press. Look at “Apple Daily”—by far the most popular Chinese local newspaper, with a circulation of over 1 million—or the South China Morning Post. They are scarcely voices of the Hong Kong or Chinese Governments. Destroying the “one country, two systems” formula would lead to massive riots in Hong Kong and a humanitarian disaster on an unimaginable scale, and would ensure that Taiwan never, ever accepts this solution—scarcely a desirable outcome for China. It is firmly in China’s interests to ensure that it works, and I can see no reason why it would not be extended for a further 50 years or more. But the fact remains that Hong Kong was born into China and will remain so; hence, the Chinese policy of banning the bad-mouthing of China and its leaders is therefore understandable.

In conclusion, I ask this: following the changed circumstances resulting from coronavirus in Hong Kong, what are the British Government doing to encourage the international community, including China, to unite in convincing both the people and the Government of Hong Kong to put aside confrontation and to work together on economic reforms which provide housing and jobs? At the same time, what are they doing to encourage realistic, reform-driven manifestos for the all-important forthcoming LegCo elections?

Hong Kong

Lord Carrington Excerpts

Thursday 24th October 2019 Lords Chamber

[Lord Carrington (CB)]

My Lords, I have lived and worked in Hong Kong and have been a frequent visitor to China since the early 1980s. This debate comes at a time when tensions in Hong Kong are extremely high, and the prospects of greater violence are increasing. Estimates are that up to 10% of the demonstrators are using violence, and that these people are well resourced and uncompromising. I see nothing to be gained by raking over the recent events and trying to apportion blame. For every rumour of the involvement of PRC undercover agents there is a counter-rumour of CIA interference. This gets us nowhere. The overwhelming priority is to end the violent protests of the extremists, who are damaging the very cause that they uphold, as well as at the same time moving quickly to much-needed and unforgivably delayed reforms in Hong Kong.

I am a supporter of the joint declaration and the approach of one country, two systems. This was a substantial victory for common sense and was to the advantage of all sides. Unfortunately, rather than seeing this as a holistic concept, some people have concentrated on one rather than the other, which has led to many of the problems we see today.

An old Chinese saying describes this perfectly: “two people sleeping in the same bed dreaming different dreams”. However, on balance China has adhered to the agreement because it is in the interests of China so to do. Hong Kong remains the pre-eminent financial centre in China and Asia. It is also of paramount importance to Chinese relations with Taiwan going forward.

Unless there is a complete breakdown of law and order in Hong Kong, I do not see the likelihood of a Chinese invasion. I also do not believe that, if the authorities introduce the necessary reforms, the structure will change even after 2047. If it works, it is good for China and Hong Kong.

The problems in Hong Kong are principally home grown, in that it has had various ineffective Governments since 1997, which have failed to introduce much-needed reforms in a variety of sectors, both social and structural. While the population of China has become increasingly affluent, the population of Hong Kong, with the exception of the rich, has become poorer and consequently more disaffected. Some of this is due to the dollar peg, which has caused massive asset inflation, which benefits the haves rather than the have-nots.

The incompetence of the Administration has not been assisted by its poor briefings and overall handling of the media, which sometimes gives a very one-sided view of events. The constitution and performance of LegCo is a big stumbling block. It is less than representative and too pro-Beijing. Its composition needs to be changed. The fault is not all that of the Government, as the behaviour of some democratic Members has been appalling, with outright and needless insults to the very name of China. This lack of respect does no one any good.

Much needs attention, and we in Britain should be clearly pointing this out to the Hong Kong Government. These matters are arguably more important than issues around passports which, we hope, will never be required. If the “one country, two systems” framework is made to work, it is to the overwhelming advantage of both Hong Kong and China. Hong Kongers will have little interest in passports. That is why all our current efforts should be directed to this objective alone.

First and foremost, the Government must restore law and order by giving their wholesale backing, including resources and training, to the police. The police are the first and only line of civic defence in Hong Kong, unlike in other countries. They are fellow Hong Kong citizens speaking Cantonese and with houses and children at the same schools in the community. They are not the PLA, which has none of these features or local relationships. It does not matter where in the civilised world you are: if you stab a policeman carrying out his duty, you are likely to get hurt as well as arrested, even if you are a 12 year-old. In the current circumstances, now that the Government have enacted the emergency law, they need to enforce it. The implementation of the face mask ban was a farce.

The police are already stretched and, unless they get full support, disintegration of the force could well begin. There have been no fatalities yet, but that is where things are headed. Once violent demonstrations are ended and there is a return to peaceful protest, the chief executive can start the conciliation process with inquiries and measures to reform LegCo, housing and much else. With compromise, good faith and good will, and without stirring nationalist sentiment, this can be solved. The Hong Kong Government’s withdrawal of the extradition Bill and their apology for the unintended spraying of paint at the Kowloon Mosque is a good start.