I say to the noble Lord that the most important thing is that all of us are concerned at the degree to which protests are taking place as we meet in this Chamber. The Foreign Secretary this morning was absolutely clear when he issued a statement saying:
“The ongoing protests in Hong Kong are a clear sign of significant public concern about the proposed changes to extradition laws. I call on all sides to remain calm and peaceful. I urge the Hong Kong government to listen to the concerns of its people”.
As I said yesterday—I do not want to reprise in my response to the noble Lord things that we have already covered—it is legitimate to ask if this proposed legislative changes are breaches of the joint declaration. We do not believe that they are breaches in themselves, but of course there is a risk that future abuse of provisions in the legislation could be.
It is very important to recall, as I said in the Chamber yesterday, that Hong Kong has many strengths, two of the most important of which are the robust rule of law and an independent judiciary. On the one hand we have to recognise that it would not be reasonable for Hong Kong to become a sanctuary for suspected murderers, for example, who could flee there with impunity —that would seem undesirable under international law. At the same time, of course it is important that, whatever measures are being taken by the Hong Kong Government to address this issue, they must be explicitly fair and capable of being understood and they must contain protections for human rights. It is welcome that there has been a deferment in the process of legislation, but a longer period of consultation would enable a likelihood of consensus being found.
My Lords, I have twice in my adult life had the considerable privilege of living and working in Hong Kong. Will my noble friend reinforce what I hope I heard her say in her first Answer: namely, that the 1997 joint declaration is being appallingly abused by this proposed new extradition law?
At the risk of being unhelpful to my noble friend, what I said was that we do not believe that the proposals in themselves are a breach of the joint declaration, but that there has to be a concern about what could happen subsequently if there were an abuse of the provisions provided for in the proposed changes. That is why the independence of the judiciary, the robustness of the rule of law and, above all else, clarity in lawmaking and adequate protection of human rights must be explicit in any legislation.