Oral Answers to Questions

Debate between Lord Swire and Catherine West

Tuesday 12th July 2016 Commons Chamber

[Catherine West (Hornsey and Wood Green) (Lab)]

I should like to associate myself with the Minister’s remarks about Jo Cox, the MP who tragically lost her life. She was a fellow colleague from the 2015 intake. She was an advocate for refugees and a fierce and passionate champion of the dispossessed. We miss her very much at FCO questions, and her memory inspires us all as parliamentarians to work selflessly for those whose voice is rarely heard.

In relation to the human rights situation in China, Amnesty International has stated that at least 248 human rights lawyers and activists have been targeted by the authorities over the past year. They include the prominent lawyer, Wang Yu. She and 12 others are now under formal arrest on charges of subverting state power. What is the Minister’s assessment of this targeting of human rights activists? Does he agree that, on occasion, the Government’s approach lacks assertiveness in relation to human rights in China?

[Mr Swire]

I should like to associate myself with the hon. Lady’s first remarks, but I dissociate myself from her concluding remark. I believe that, on balance, we have got the situation just about right. We are concerned about the human rights lawyers and we continue to raise the issue. Most recently, my right hon. Friend the Foreign Secretary did so with the president of the Supreme People’s Court of China, Zhou Qiang, on 9 June. He has also raised our concerns with the Chinese Foreign Minister, Wang Yi, and we will continue so to do.

Hong Kong: Sino-British Joint Declaration

Debate between Lord Swire and Catherine West

Wednesday 23rd March 2016 Westminster Hall

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I congratulate my hon. Friend the Member for Gloucester (Richard Graham) on securing the debate and pay, once again, tribute to his valuable work through his chairmanship of the all-party group on China, as well as to his deep personal interest in Hong Kong. I agree with his opening remarks in which he drew attention to all those who are following the debate outside this place. The rather thin attendance in no way reflects the level of continuing interest in Hong Kong, in the UK and in Parliament. It is purely the result of the timing of the debate being shifted, and of other competing demands on Members’ time.

To the shadow Minister, the hon. Member for Hornsey and Wood Green (Catherine West), I would say that this Minister is not at all in a hurry to get off. He is at the disposal of Members, although limited by time. I am anxious only to get on with the debate, to address some of the extremely important and interesting points raised by hon. Members this afternoon.

As the hon. Member for Strangford (Jim Shannon) reminded us, Hong Kong remains of great importance to the United Kingdom. There are more than 295,000 British citizens and 3.4 million British national overseas citizens living in the city. In 2015 approximately 530,000 visitors from the UK went to Hong Kong. Our bilateral trade continues to be one of the foundation stones of our partnership. UK investment in Hong Kong, conservatively valued at £33 billion, makes up about 35% of total British investment in Asia. I was slightly intrigued to hear the comparison that the hon. Member for Glasgow North (Patrick Grady) sought to make in a rather roundabout way between Scotland and Hong Kong and England and Hong Kong. I would just point out that I believe the Scottish Government would do well to study the free market approach of the special administrative region in running a very successful financial enterprise. I have no doubt that even the First Minister, in her visit to Hong Kong last year, might have noticed the difference in the comparative financial positions of Scotland and Hong Kong.

Hong Kong is the regional headquarters for 126 British companies and, incidentally, some of the leading ones have a distinguished and strong Scottish heritage. Some 630 British companies operate in the city, reflecting its pivotal role as an international gateway to mainland China and as a global financial centre. Hong Kong also, as has been pointed out, has a key role in our wider bilateral relationship with China, where we are supporting economic growth and the rule of law.

The Government’s relationship with the Hong Kong SAR Government is also strong. I most recently visited Hong Kong in July and discussed a full range of UK-Hong Kong bilateral issues with the Hong Kong Chief Executive CY Leung, the Financial Secretary John Tsang and the Secretary for Housing and Transport, Anthony Cheung. I also saw legislators and investors, and met Fred Lam, the new chief executive of the airport authority, to explore opportunities for British companies in the third runway expansion of Hong Kong international airport. In October we welcomed CY Leung to London for his first official visit as Chief Executive. Both I and the Foreign Secretary discussed with him the importance of Hong Kong’s high degree of autonomy, and of preserving the rights and freedoms enshrined in the Sino-British joint declaration.

The United Kingdom strongly believes that it is those rights and freedoms that underpin Hong Kong’s continuing success. The joint declaration agreed the peaceful return of Hong Kong to Chinese sovereignty under one country, two systems, and was one of the great successes of United Kingdom-China diplomacy. Some 31 years after its signature, our commitment to ensuring the faithful implementation of the joint declaration, and the protection of the rights and freedoms it guarantees, is as strong as ever.

It is in that context that the Government remain so concerned about the disappearance from Hong Kong of British citizen Lee Po and others associated with the Mighty Current publishing house. The Foreign Secretary made it clear on 11 February in his six-monthly report to the House that

“our current information indicates that Mr Lee was involuntarily removed to the mainland without any due process under Hong Kong SAR law.”

That constitutes a serious breach of the Sino-British joint declaration on Hong Kong. The United Kingdom and 11 other countries signed a US-led statement at the UN Human Rights Council on 10 March that made it clear that the disappearance of the Hong Kong booksellers was

“violation of the high degree of autonomy promised Hong Kong under its Basic Law”.

We have raised the case of Mr Lee with the Chinese and Hong Kong special administrative region Government at the highest level. I raised the case with the Chinese ambassador to the United Kingdom on 22 January, and I made clear the need for the Chinese authorities to return Mr Lee to Hong Kong immediately. The Foreign Secretary raised the case with Chinese Foreign Minister Wang Yi in Beijing on 5 January and in London on 4 February, and the Prime Minister raised the case with the Chinese ambassador on 8 February.

More recently, when the Chancellor of the Exchequer visited Beijing on 25 and 26 February, he raised the case with the chairman of China’s Politics and Law Commission, Meng Jianzhu. I understand that the delegation from the all-party group on China, led by my hon. Friend the Member for Altrincham and Sale West (Mr Brady), visited Hong Kong from 25 to 29 January and also raised the case with the Hong Kong special administrative region Government.

As we make clear in the six-monthly report,

“we have called, in our contacts with the Chinese government at the highest level, for Mr Lee's immediate return to Hong Kong. Moreover, we urge the Chinese and Hong Kong Special Administrative Region Governments to reassure the people of Hong Kong that law enforcement in the Hong Kong SAR is exclusively the responsibility of the Hong Kong authorities, and that the fundamental rights and freedoms of Hong Kong residents will continue to be fully protected, and respected by all, in accordance with the Joint Declaration and Basic Law.”

[Catherine West]

The debate has been focused on Hong Kong, but if Mr Po is now in China, will the Minister elucidate how the UK Government will use their influence when it is a question of mainland China rather than Hong Kong? There is perhaps more familiarity with how the judicial process works in the latter.

[Mr Swire]

We believe that if Mr Lee Po is to face any kind of trial, that should be in Hong Kong. That is agreed by the SAR as well. I shall continue, but the hon. Lady may want to come back to me if I do not fully answer her question. I raised Mr Lee Po’s case on 16 March at an “Advancing the Rule of Law in China” seminar organised by the Great Britain-China Centre, where I made it clear that

“the rule of law has been fundamental to Hong Kong's continued economic success”.

On the issue of citizenship, I stress that Mr Lee remains a British citizen with the right of abode in the United Kingdom. Despite the formal requests that we continue to make, we have not been granted consular access. Let me be clear that the Chinese and Hong Kong Governments have been left in no doubt as to the importance we attach to this case. We call again for the immediate return of Mr Lee to Hong Kong.

[Catherine West]

I just want to clarify what processes there might be to have Mr Lee returned to Hong Kong if he is not currently there. What influence might the UK Government bring to bear to achieve that outcome?

[Mr Swire]

I have rehearsed the high-level contacts and representations we have had with the Government in Beijing, not least those involving the Prime Minister, the ambassador and the Chancellor when he was in Beijing. We have raised the case at every level and will continue to do so until such a time as Mr Lee is returned to Hong Kong.

Several Members mentioned the South China sea. We support the Philippines’ right to peaceful arbitration. I stress that we take no view on the underlying sovereignty issues, although we do believe in a rules-based international system and the freedom and movement, and we do expect all others to abide by whatever ruling comes out of UNCLOSS through the International Tribunal for the Law of the Sea settlement. We are concerned about the risk that some of the large-scale land reclamation in the South China sea could pose to maritime freedom of navigation and to the area’s stability.

The six-monthly report makes it clear that, while the implementation of one country, two systems has served Hong Kong well in the vast majority of cases, there are specific grounds for serious concern in some other areas, such as academic freedom and the freedom of the press. As the six-monthly report states,

“it is essential for continued confidence in ‘One Country, Two Systems’ both in Hong Kong and internationally, that Hong Kong continues to enjoy, and is seen to enjoy, the high degree of autonomy and the rights and freedoms enshrined in the Basic Law and guaranteed in international law by the Joint Declaration.”

I was asked specifically by my hon. Friend the Member for Gloucester about the comments that Zhang Xiaoming, the head of the Central Government Liaison Office, made in a speech. I welcome the comment by Chief Justice Geoffrey Ma, whom I have met, on judicial independence. He reiterated article 25 of the Basic Law, which states:

“All Hong Kong residents shall be equal before the law.”

At the recent National People’s Congress annual session in Beijing, the Chinese Government reiterated their commitment to one country, two systems, and I welcome that.

Continuing the theme, my hon. Friend also raised the issue of an independent judiciary. Our assessment is that, while there have been specific challenges, on the whole the rule of law continues to function and the judiciary continues to be independent. We are confident in Hong Kong’s legal and judicial system, which has been and will remain an essential foundation for Hong Kong’s success.

The shadow Minister, the hon. Member for Hornsey and Wood Green properly raised the issue of constitutional reforms, which we were all involved in, one way or another, in the past year or so. I remind the House that in the last Westminster Hall debate on Hong Kong, which was in October 2014, we discussed that very issue. It remains a crucial issue, both to meet the aspirations of the people of Hong Kong and to ensure effective governance. As the six-monthly report makes clear:

“The UK Government judges that constitutional reform will help, not hinder, the Hong Kong SAR Government to deliver. A more democratic and accountable system of government would help strengthen those rights and freedoms which have come under increasing pressure over the past two years…We encourage all parties to play their part in rebuilding constructive dialogue to pave the way for the resumption of the process at the earliest opportunity.”

Oral Answers to Questions

Debate between Lord Swire and Catherine West

Tuesday 24th November 2015 Commons Chamber

[Mr Swire]

The right hon. Gentleman credits me with almost total recall, but our position has been consistent. My right hon. Friend the Foreign Secretary raised the issues of Falun Gong and organ harvesting with State Councillor Yang Jiechi during the UK-China strategic dialogue in Beijing in August. We have raised specific concerns about reports of organ harvesting on numerous occasions, including in response to a written question on 15 July.

[Catherine West (Hornsey and Wood Green) (Lab)]

What discussions have taken place to promote the importance of the freedom of religious expression in Tibet, in particular among the Uyghur people?

[Mr Swire]

We raise those issues consistently with the Chinese within the framework of the UK-Chinese human rights dialogue, and our annual human rights report is updated every six months. Some comments about the recent state visit have implied that our relationship with the Chinese is purely one of commerce, but that is wrong. This is not a binary relationship. As we get closer to the Chinese and are seen as a good partner to China on the world stage, and in terms of inward investment and trade between both countries, we can discuss such matters more maturely than many other countries can. It boils down to whether we believe in megaphone diplomacy, or in getting alongside the people we are trying to talk to, and pointing out that the way to do things is the way that we do things.

China (Human Rights)

Debate between Lord Swire and Catherine West

Thursday 22nd October 2015 Commons Chamber

[Mr Swire]

I pay tribute to the work that my hon. Friend does in this area. We work closely together in relation to other countries. This evening’s Adjournment debate is on Burma, and she will no doubt take part in it.

In respect of China and human rights, I am sure that many Members on both sides of the House will want to know what was discussed and when. I shall do my best to answer that question, although I stress that the state visit is still under way. I know that the Leader of the Opposition used an opportunity to discuss these matters when he had a meeting with the President.

I do not think that it is really a question of what we have raised. What I find interesting is what the President said during yesterday’s Downing Street press conference when asked about human rights. He said—among other things—

“All countries need to continuously improve and strengthen human rights protection to meet the needs of the time and the people. And on the issue of human rights, I think the people of our respective countries are in the position—in the best position to tell. And China is ready to, on the basis of equality and mutual respect, increase exchanges and co-operation with the UK and other countries in the area of human rights. Thank you.”

My hon. Friend is absolutely right. As the relationship between our two countries becomes ever closer, we are in a position to raise these matters continually, particularly the extremely concerning individual cases to which she referred.

[Catherine West (Hornsey and Wood Green) (Lab)]

The freedom to practise our religion is one of the most fundamental of human rights. For many people around the world, including in China, religious belief defines who they are. It should therefore be a matter of great concern to this House when those rights are infringed, wherever that happens across the globe.

As we have heard, since the summer a large number of lawyers and human rights activists in China have been targeted and detained, including Zhang Kai, whose case was raised by the hon. Member for Congleton (Fiona Bruce). Can the Minister give the House any further information about the circumstances that led up to Zhang Kai’s detention and that of other human rights defenders and activists?

Article 18 of the UN declaration of human rights, says that:

“Everyone has the right to freedom of thought, conscience and religion”.

Can the Minister also confirm that article 36 of the constitution of the People’s Republic of China specifies that

“citizens enjoy freedom of religious belief”,

but then goes on to say that

“The state protects normal religious activities”?

Will he tell the House what his understanding is of this term and what it means for the practising of religion and, in particular, Christianity, in China?

Have Ministers had an opportunity to raise these concerns with their Chinese counterparts, either before the current state visit or during it? Does the Minister have any information about when any case against Mr Zhang might be heard?

The Prime Minister has said that the developing trade relationship between the UK and China provides an opportunity for further dialogue. We agree. Will the Minister therefore undertake to the House, if the Government have not already done so, to raise this case during the remainder of the state visit, as my hon. Friend the Leader of the Opposition and my right hon. Friend the shadow Foreign Secretary, both in their places in the House now, will do later today?

[Mr Swire]

I am grateful to the hon. Lady for her remarks. There is a whole range of cases about which we are concerned. The case in Zhejiang is not new. If the hon. Lady trawls back through Hansard, she will see that I answered a question raised by the hon. Member for North Antrim (Ian Paisley) on this back in June, when I talked about our concerns about restrictions on Christianity, particularly in Zhejiang province. I went on to say:

“We raised these, and our broad range of concerns around religious freedom, directly with Chinese officials during the UK-China Human Rights Dialogue in April this year. We have also highlighted them publicly in the Foreign and Commonwealth Office’s Annual Report on Human Rights and Democracy.”

Further to that, in September I answered a question from my hon. Friend the Member for The Wrekin (Mark Pritchard). I reiterate what I said then:

“I am aware of reports that lawyer Zhang Kai was detained on 25 August, alongside two of his assistants, Liu Peng and Fang Xiangui, and members of a Christian congregation.

I am concerned that this is reflective of the wider situation facing rights lawyers in China. Reports suggest that over 200 lawyers have been detained or questioned since 9 July, and the space in which they operate is increasingly constrained.

The UK supported an EU statement of 15 July which said the detentions raised serious questions about China’s commitment to strengthening the rule of law. We have ongoing discussions with the Chinese authorities on human rights and rule of law issues, and discussed these matters in detail during the UK-China Human Rights Dialogue in April.”

I then went on to say what I have said in answer to an earlier question.

On the question of whether this case and other cases will be addressed, a number of cases are always being addressed. This is not just a one-off and I cannot gainsay what the Prime Minister might say. The Chancellor will of course be with the President in Manchester tomorrow, and there will be a private meeting between the President and the Prime Minister at Chequers later this evening. I do not know what will be on the agenda, but I do know they have an ever-closer relationship and these matters are continuously being discussed.