Hong Kong: Pro-democracy Activists

Lord Lea of Crondall Excerpts

Wednesday 10th April 2019 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord speaks with immense expertise and experience in this regard. I can assure him on all three of those statements in terms of the autonomy and independence of the judiciary. Since this agreement has been in place over the past 30 years, there has been only one occasion, in 2016, when we had formally to call out a lack of adherence to the principles of the treaty. He asked about the right of appeal. The people who have been convicted are currently out on bail. Sentencing is due on 24 April and they will have 28 days thereafter to lodge a formal appeal.

[Lord Lea of Crondall (Lab)]

My Lords, on the status of the original agreement, co-signed by our Government and the party which has contact with Peking, how is a dispute about the interpretation of that agreement settled? Do such agreements have some sort of implicit or explicit arbitration or other clause about how to enforce the agreement if there is a dispute about its enforceability?

[Lord Ahmad of Wimbledon]

My Lords, I am sure the noble Lord heard me say in response to the previous question that there has been only one occasion in the past 30 years when we have had to call in a contravention with regard to the treaty and its obligations. In terms of its implications and application in international law, as was raised by the noble Lord earlier, the joint declaration is lodged directly with the United Nations. Therefore, the obligations on both the British Government and the Chinese Government are clear.