Hong Kong National Security Legislation

Lord Collins of Highbury Excerpts

Thursday 2nd July 2020 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, we support the Foreign Secretary’s view that a constructive relationship with China remains essential. From climate change to post-pandemic economic recovery, not a single global challenge can be tackled without such engagement.

However, we also need a hard-headed realism and to use targeted measures, in close partnership with our allies, to deter further aggression. If China is able to act with impunity in Hong Kong or the South China Sea, Taiwan could be next. The commitments made by Beijing in the joint declaration in 1984 have been ripped apart by the Chinese Government, and the international community must now step up to hold them to account.

I welcome the Statement. The Government have taken a step forward with the announcement of new rights for BNO passport holders and a statement at the United Nations, but this is no substitute for ongoing and sustained international leadership.

The Government must ensure that the offer to BNO passport holders does not discriminate and is not limited to the wealthiest residents. Will salary thresholds apply as part of the scheme for BNO passport holders? Has the FCO made any formal assessment of the numbers involved?

The oppressive crackdown on Hong Kong protesters expressing their human rights and freedoms requires an immediate response. Unfortunately, with the Magnitsky legislation still waiting in the wings, the Government are unable to target individuals most culpable for the situation we are witnessing. I ask the Minister again: do we have a date before Recess when the regulations will be laid? Will any of the initial designations relate to the situation in Hong Kong?

The UK must work with our allies at the UN and elsewhere to pressure China and the Hong Kong Administration to end their encroachment on Hong Kong’s freedoms. The Foreign Secretary told the Commons yesterday that he is

“open to the idea of a UN … envoy”—[Official Report, Commons, 1/7/20; col. 345]

on Hong Kong. We have enormous influence at the UN and a historical allegiance to the people of Hong Kong. We cannot simply wait for another member state to step up to the plate, so can the Minister confirm whether the Foreign Secretary has given any further consideration to spearheading a campaign for a UN envoy?

The G7 must also stand together as an unequivocal voice for democracy and universal suffrage. Australia and others in the group have made their voices heard but some members have remained almost silent. Can the Minister confirm whether there are any plans for further joint action by the G7 following the statement published in June?

The application of the national security law was expected. The brutal response to objecting protesters was, sadly, predictable too. The situation may escalate, and it is crucial that the Foreign Office is fully equipped to respond. To this end, what assessment has the Minister made of the suggestion by seven former Foreign Secretaries for the UK to lead the formation of an international contact group to monitor the situation on the ground and co-ordinate action?

Finally, in recognition of the large number of UK citizens in Hong Kong, I hope that the Minister will offer a few reassurances about their safety; for example, will the FCO update its travel advice following the Canadian Government’s new warning? What channels of communication in the pandemic situation—we have raised this before—will the FCO utilise with UK citizens in Hong Kong and should that advice be updated? Are the Government in communication with any UK journalists on the ground in relation to their safety, considering the use of force against members of the press that we have seen. For too long we have no strategy in relation to China at home or abroad. I hope the Minister will give us a commitment today that this marks the start of a very different era.

[Baroness Northover (LD) [V]]

My Lords, I thank the Minister for presenting this Statement. Hong Kong is in a terrible situation. The Government are right that the new security law constitutes a clear and serious breach of the joint declaration. We have obligations to assist, as a cosignatory to the joint declaration—a treaty lodged at the UN. Already, there have been arrests in Hong Kong, and we see peaceful activists withdrawing from political comment, in fear.

In 1997, Hong Kong represented about one-third of China’s GDP. Now that is only 3%. We may see a thriving territory—the gateway to China—but China’s rise, and therefore the relative decline in Hong Kong’s significance, shows loss of leverage. I therefore commend the Government for their actions, given China’s economic and political dominance. But that makes it even more essential that international law is respected.

I welcome the proposals to grant BNOs and their dependants the right to live here, and to work or study, with a path to citizenship. However, this still leaves behind many young people who have been at the heart of protests and are therefore particularly at risk. Will the Government extend their offer to all Hong Kongers? What steps will the Government take to ensure that BNOs can leave Hong Kong to take up the Government’s offer if they feel the need to do so? Will the UK provide them consular protection? What liaison has there been with Carrie Lam’s office to ensure that those arrested will be immediately released, given that she emphasises that the new law does not crack down on freedom of expression? What steps are the Government taking to ensure that Hong Kongers in the UK or British citizens and British-based businesses will not be targeted? What is happening in relation to the proposed UN special envoy for Hong Kong to monitor human rights there? Are we looking at the Magnitsky sanctions in relation to human rights abuses there?

Does the Minister know if British judges on the Hong Kong Court of Final Appeal feel that they can continue, and what might be the future for Taiwan? I am very glad to hear in the Statement of the report of the UN Council on Human Rights about the situation both in Hong Kong and Zhenjiang. Reports of the treatment of the Uighurs are horrifying. Can he say whether full consideration has yet been given to the China tribunal’s conclusions about forced organ harvesting? I note that the countries which supported us in that statement to the Human Rights Council are largely European, but notably not all EU countries, together with Australia, New Zealand and Canada. There are no Asian, African or Latin American countries, unless you count Belize in Central America and one Micronesian island. There is no widespread support from the Commonwealth, which clearly is not going to replace the EU as a supportive bloc for us and the rules-based order. Does he worry about those omissions, bearing in mind the heavy Chinese engagement in many regions of the world?

This is a dangerous time for Hong Kong and I am very glad that we are offering the refuge that we are, although that loss to the territory further damages Hong Kong itself. But wider than that, China’s actions are immensely worrying for future global relations and the rules-based order. There are indeed so many issues that must be faced together, including, of course, climate change.