China: Human Rights and Security

Lord Garnier Excerpts

Thursday 19th December 2024 Lords Chamber

[Lord Garnier (Con)]

My Lords, I begin by thanking the noble Lord, Lord Alton, for securing this debate and for all that he said in his opening remarks. His speech was a devastating analysis of the real world. If this Government and this House fail to pay attention to what he said, we are doing ourselves and our fellow countrymen a disservice. This important debate is timely, and I hope it will be influential in shaping our own Government’s thinking, even if we will have little effect on the Government of China.

It would have been a pleasure to follow the noble Baroness, Lady Kennedy, whose reputation as a campaigner for human rights is well known, but she apologises, and has asked me to apologise for her, as she has a pressing family engagement that she cannot avoid.

I have two interests relevant to this debate to declare. The first is that I am a trustee of the China Oxford Scholarship Fund, a small charity founded by my friend, the late Tim Beardson, about 25 years ago. He set up the fund to provide postgraduate scholarships at the University of Oxford to students from China, Hong Kong and Macau. Up to 15 scholarships are awarded annually. Preference is given to those who are studying in the United Kingdom for the first time. Successful candidates are those of the highest calibre, studying in any subject. They are chosen for their academic excellence, financial need, leadership qualities and commitment to contributing to the development of China.

Charlie Parton is a former diplomat who spent 22 years working in China and is now a senior associate fellow at RUSI. The Times reports that, at a recent conference, he

“said that on the face of it there was nothing wrong with collaboration and co-operation between British and Chinese universities. A roundtable on education was fine with the right safeguards”,

but he

“warned that the issue was over science and technology, where ‘the distinction between civil uses, military uses and repression uses just melts away’ … ‘That’s where British universities have to be extra careful on co-operation.’ … Ken McCallum, the director-general of MI5, has previously warned that universities are ‘magnetic targets for espionage and manipulation’ and that China and other hostile states are stealing intellectual property from them with ‘dispiriting regularity’. He said he had no issue with co-operation but said it needed to be done with safeguards and the right level of awareness”.

At the COSF, we are realists and more than aware of the dangers, but we are also not so naive as to think that wringing our hands will release Jimmy Lai.

That brings me to my second interest. I am a member of the Bar who specialises in media law cases and has advised plaintiffs and defendants in Hong Kong, both before and after 1997, on freedom of expression questions. But what is happening in Hong King now concerns me not just as a lawyer but as someone who believes in the rule of law, open justice and the right to say what one thinks and believes within the rule of law.

Those concepts, which we take for granted in this jurisdiction, are all under threat in Hong Kong, as the noble Lord, Lord Alton, so powerfully pointed out. That of itself is fundamentally wrong and in breach of all the principles that this Parliament stands for and any United Kingdom Government should stand for, but it is also in breach of the joint declaration made by this country and China exactly 40 years ago today, in 1984, in preparation for the handover of Hong Kong to China in 1997. That treaty has a 50-year life with 20 years to run. That it will become time-expired does not permit us to let it wither, be ignored or be undermined.

It is not just the national security law, inflicted on Hong Kong in 2000, that evidences the erosion of civil liberties and human rights but the daily conduct of the authorities in Hong Kong in attacking their own citizens and expatriate Hong Kong-UK citizens, making extraterritorial arrests and locking up anyone they find inconvenient or tiresome. House of Lords Library staff—I thank them for their research—tell us that some 304 people have been arrested under the NSL for

“suspected acts or activities that endanger national security”.

As we know and have seen in the press, 45 others have been jailed for “conspiring to commit subversion”. These are all ridiculous and absurd allegations. None the less, this is the daily working of the Chinese and Hong Kong Governments’ way of doing justice.

We know from open source information, and from what we can see and hear for ourselves, that the Chinese Government pay no attention to human rights or the rule of law. They pay no attention to complaints, no matter how politely delivered, by western leaders. The recent statements issued by UK Ministers and the interventions made by the Prime Minister directly with President Xi—I applaud them for making them—must be more than mere formulaic verbiage. With interlocutors who have no regard for, and perhaps do not even understand or still less care about, the concepts we are worried about, we need to use commercial leverage with our allies and be ready to cause China actual economic harm to get our message home. If that costs us as well, it will be a price worth paying, but a China that sees no diplomatic, military or monetary disadvantage in ignoring us and our allies is a China that will continue to push outwards, crush domestic dissent and assert itself at our expense. We have a choice: to act or simply to watch.

Jimmy Lai, an elderly UK citizen incarcerated in Hong Kong for simply expressing his opinion and allowing others to do so through his newspaper, not only suffers as an individual human being but stands as a representative of all those in Hong Kong under its authoritarian and unjust regime. I urge the Government not just to issue statements but to take retaliatory action to ensure that his case is dealt with properly, justly and speedily. He should be released and permitted, if he chooses, to leave Hong Kong with his wife. He should not be in prison for his thoughts and his words. Now is the time. Let us choose to act, not just to watch.