Amnesty International Offices in Hong Kong

Alistair Carmichael Excerpts

Monday 15th November 2021 Commons Chamber

[Andrew Rosindell]

My hon. Friend has hit the nail on the head. I believe that the way China has treated Hong Kong is a betrayal of everything we thought we had agreed with China. My hon. Friend makes the point very clearly, and I intend to emphasise this still further as the debate progresses.

Let us make no mistake about this: the dismantling of civil society organisations is another step in the Chinese Government’s relentless pursuit of the destruction of Hong Kong’s autonomy and the freedoms that were previously guaranteed by the one country, two systems model and the Sino-British joint declaration that underpinned it. Despite previous claims that the national security law would be used sparingly, would not be applied retrospectively and would not impact on the rule of law, we have seen the Chinese Communist party use the smokescreen of state security to arrest journalists, former pro-democracy lawmakers, activists, students, trade unionists, lawyers and even speech therapists.

This month alone, Beijing and the Hong Kong Government warned the Foreign Correspondents Club that it risked closure and possibly violated the national security law for publishing a survey of its members on press freedom. The Justice Secretary stated that gestures, words and signs could lead to convictions, and the Security Minister cautioned that Hong Kongers who cast blank ballots or boycott the upcoming Legislative Council elections could be violating this draconian law.

No one looking at these developments can be under any illusion whatsoever that the old Hong Kong that guaranteed freedom of expression, freedom of assembly, freedom of association and freedom of religion or belief, and upheld the rule of law, exists today: that has gone. The two trials we have seen under the national security law have already demonstrated the export and establishment of China’s judicial system in Hong Kong, with suspects denied bail on spurious grounds, judges hand-picked by Beijing and one individual receiving a sentence of six and a half years in jail simply for carrying a flag with a pro-democracy slogan on it.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The hon. Gentleman will be aware that, as recently as Saturday, a judgment was handed down that dealt with the question of joint enterprise, which shows that the national security law is actually building a significant body of jurisprudence. In these circumstances, does he agree that it is now wholly inappropriate that United Kingdom lawyers and especially judges should be party to this sham of democracy?

[Andrew Rosindell]

The right hon. Gentleman pre-empts what I was going to say later, and he is entirely correct that we should not be giving any legitimacy to this regime any longer.

The crackdown is clearly undermining the business environment in the city and Hong Kong’s status as a global financial centre, as British-based banks and businesses fear the extension of Beijing’s foreign anti-sanctions law which would require them to ignore US sanctions, and new requirements under the national security law force them to become even more complicit in the crackdown by disclosing the property of suspects. The growing number of US firms reported to be leaving the city and the warnings about the Hong Kong Government’s dwindling surplus are key indicators of this contagion.

So, what should the UK as a co-signatory to the joint declaration do in response to what the former Foreign Secretary my right hon. Friend the Member for Esher and Walton (Dominic Raab) has labelled China’s “ongoing non-compliance” with upholding its international commitments to the people of Hong Kong?

First, the Government need to look at what more can be done to support civil society in Hong Kong, which is currently under dreadful assault. In particular, the Minister should outline what plans the Government have to ensure the flow of information and reporting on the human rights situation now that both Amnesty and Human Rights Watch have been forced to close down.

Secondly, Ministers must reconsider the participation of sitting UK judges on the Hong Kong court of final appeal. As the human rights situation continues to deteriorate at a worrying pace, it is clear that these judges are powerless to moderate Beijing’s behaviour. Instead, they are offering political cover for a Government in Hong Kong who have lost all legitimacy.

Thirdly, Ministers need to stop dragging their feet when it comes to using the Magnitsky sanctions against the Hong Kong and Chinese officials responsible for these abuses. What signal does it send to our closest allies and partners in the region when the UK is unwilling to sanction individuals who have violated an international treaty with the United Kingdom and are systematically abusing human rights?

--- Later in debate ---

[Vicky Ford]

China is paying a huge price for taking those actions against Hong Kong, not least China’s reputation on the international stage and let alone the impact it is having on the people of Hong Kong, which I will come on to now.

Last year, the UK introduced a bespoke immigration route for British nationals overseas and their dependants, providing a path to citizenship. The route opened on 31 January 2021. By 30 June, nearly 65,000 people had applied for the BNO route. We also suspended our extradition treaty with Hong Kong indefinitely and extended our arms embargo on mainland China to Hong Kong. All of that answers my hon. Friend’s question about what price China is paying.

We have led action in the international community through our G7 presidency. In June, 44 countries supported a joint statement on Xinjiang, Hong Kong and Tibet at the UN Human Rights Council. In July, we co-sponsored an event on Hong Kong during the UN Human Rights Council, speaking alongside a number of UN special rapporteurs. In October, we delivered a national statement during the United Nations Third Committee, reiterating our deep concerns about the deterioration of fundamental freedoms in Hong Kong under the national security law. The Chinese and Hong Kong authorities can be in no doubt about the seriousness of our concerns, and those of the international community.

[Mr Carmichael]

The Minister will have seen this weekend that China is not always that bothered about its reputation on the international stage. Surely the removal of the Amnesty International office in Hong Kong ought to be the canary in the mineshaft? Amnesty is not an organisation that gives up easily in these contexts and the fact that it has removed its office should be a warning. Is this not the point, as the hon. Member for Romford (Andrew Rosindell) said, where we really begin to get serious in relation to Magnitsky sanctions?

[Vicky Ford]

Let me turn to exactly that point and to the specific points raised by my hon. Friend the Member for Romford, starting with sanctions.

Since establishing the global human rights sanctions regime in July 2020, we have imposed sanctions on 78 individuals and entities involved in serious human rights violations or abuses, including in Belarus and Myanmar, as well as in Xinjiang in China. On 22 March, the former Foreign Secretary announced that under the UK’s global human rights sanctions regime, the UK imposed asset freezes and travel bans against four Chinese Government officials, as well as an asset freeze against one entity responsible for enforcing the repressive security policies against many areas of Xinjiang. Those measures were taken alongside the US, Canada and the EU, sending a clear message to the Chinese Government that the international community will not turn a blind eye to such serious and systematic violations of basic human rights. Those listed face travel bans and asset freezes across the US, Canada, the EU and the UK. Together, we make up a third of global GDP, which amplifies the impact and reach of our actions.

We will, of course, continue to consider sanctions, but I cannot speculate here who may be designated for sanctions in future, as that very speculation could undermine the impact of the designation, if it happens—I hope that my hon. Friend understands exactly what I mean by that point. We will continue to consider them, but we cannot speculate because to speculate would undermine the impact.

My hon. Friend mentioned the participation of British judges in the Hong Kong Court of Final Appeal. British judges have played an important role in supporting the independence of Hong Kong’s judiciary since handover, but it is for the judges to make their own decisions about their continued service in Hong Kong. It is right, however, that the UK Supreme Court, in discussion with our Government, continues to assess the situation in Hong Kong.

My hon. Friend raised concerns about young Hongkongers accessing the BNO scheme. I reiterate that nearly 65,000 had applied for the BNO scheme by June, which shows how valuable it is. The BNO route reflects the UK’s historic and moral commitment to those who retained ties to the UK by taking out BNO status at the point of Hong Kong’s handover to China in 1997. Those with BNO status and eligible family members can come to the UK to live, study and work on a pathway to citizenship. Those who are not eligible for the BNO route may consider other UK immigration routes that are available. These include the new points-based system and the youth mobility scheme, which is open to those aged between 18 and 30.

My hon. Friend also raised the issue of those who had served with the armed forces—loyal Hongkongers who served Queen and country—and, like him, I have huge respect for the service they have given. He mentioned amendments that have been tabled to the Nationality and Borders Bill. I am afraid I cannot answer those questions on asylum and immigration here at the Dispatch Box because they will be for the Home Secretary to answer, but I thank him for putting those matters on the agenda this evening.

Let me be very clear: there is a stark and growing gulf between Beijing’s promises on Hong Kong and Beijing’s actions. We will continue to stand up for the rights and freedoms of the people of Hong Kong. We will continue to bring together like-minded partners, call out violations of Hong Kong’s rights and freedoms, and hold China to the obligation that it willingly undertook to safeguard the people of Hong Kong and their way of life.

Question put and agreed to.