Hong Kong: Pro-Democracy Activists

Alistair Carmichael Excerpts
Wednesday 10th April 2019

(4 years, 11 months ago)

Commons Chamber
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Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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(Urgent Question): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the conviction of pro-democracy activists in Hong Kong.

John Bercow Portrait Mr Speaker
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I call Minister Mark Field. We are very accustomed to seeing the right hon. Gentleman at the Dispatch Box recently. He is well and truly earning his keep.

Mark Field Portrait The Minister for Asia and the Pacific (Mark Field)
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Thank you, Mr Speaker. I seem to be here to discuss either this area, the middle east or, indeed, Turkey, a debate to which I was responding in Westminster Hall earlier today.

I emphasise at the outset both to the right hon. Gentleman and to the House that the UK Government are acutely aware of our enduring responsibilities to Hong Kong. We were a joint signatory to upholding the joint declaration between the UK and China some 35 years ago, and the joint declaration is of course lodged with the United Nations. As such, we remain absolutely committed to monitoring and ensuring the faithful implementation of the joint declaration and the principle of one country, two systems. I reassure the House that we clearly and consistently raise our concerns with the Chinese and Hong Kong authorities. Parliament is updated on developments in Hong Kong through our six-monthly reports submitted by the Foreign Secretary, the most recent of which was published on 27 March. We always stand ready to comment publicly and robustly when appropriate.

Yesterday, the Hong Kong courts gave their verdict on the nine key figures in the Hong Kong Occupy movement. The protesters were arrested after large-scale protests in 2014. Each was found guilty of at least one public nuisance offence, and such offences carry a maximum sentence of seven years in prison. We shall have a better understanding of the severity of the sentence, and therefore the signal that the decision purports to send to others who choose to exercise their rights under Hong Kong’s Basic Law and Bill of Rights, once sentences have been handed down. Sentencing is due on 24 April, and the defendants have the right to appeal. It would therefore not be appropriate to comment further or in detail on the ongoing legal cases, but suffice it to say that this is a potentially protracted legal process that may take years rather than months.

I have visited Hong Kong twice as a Foreign Office Minister and have held meetings with a number of senior legal figures. On my most recent visit in November, I raised the issue of the rule of law directly with the deputy chief justice, as well as with representatives from the legal, political and business communities. All staunchly defended the independence of the judiciary and it remains our position that Hong Kong’s rule of law remains robust, largely thanks to its world-class independent judiciary. Many Members will know that Baroness Hale, Lord Hoffmann and others are part and parcel of the panel that is based in Hong Kong.

Hong Kong citizens are guaranteed the right to freedom of assembly and demonstration under the Sino-British joint declaration of 1984 and the Basic Law, and it is essential that those rights are properly respected in a democracy. Hong Kong’s success and stability depend on its high degree of enduring autonomy and its respect for the fundamental rights and freedoms enshrined in the joint declaration and the Basic Law. The Foreign Secretary recently pronounced that he was

“concerned that on civil and political freedoms, Hong Kong’s high degree of autonomy is being reduced.”

It would be deeply concerning if the ruling discourages legitimate protest in future or discourages Hong Kong citizens from engaging in political activity.

Alistair Carmichael Portrait Mr Carmichael
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I thank the Minister for that answer. I hope that he will be as robust in his tone when speaking to the Chinese Government as he has been in his remarks to the House today.

The prosecution and now conviction of nine leaders of the Umbrella movement is the latest in a series of egregious human rights abuses by the Government in China. Using the criminal justice system and public order offences in this way is an abuse of fundamental and internationally protected human rights. Amnesty International points out that the convictions all stem solely from non-violent direct actions in largely peaceful protests. As the Minister’s noble friend Lord Patten said, it is

“appallingly divisive to use anachronistic common law charges in a vengeful pursuit of political events which took place in 2014”.

Will the Minister make the strongest possible representations to the Chinese Government that these convictions are an abuse not just of the activists’ human rights but of China’s treaty obligations? This country has both a moral and a legal responsibility to pursue this matter with all vigour. We made commitments to the people of Hong Kong at the time of the handover to China and we still have those commitments under the Sino-British joint declaration.

The one country, two systems framework promised the people of Hong Kong progress towards democracy, but these convictions are not an isolated incident. Over the past five years, we have seen the abduction of Hong Kong booksellers who published titles critical of China’s rulers; a political party banned; a senior Financial Times journalist, Victor Mallet, expelled from the city; and, now, proposals to change Hong Kong’s extradition laws to enable suspected criminals to be extradited from Hong Kong to mainland China, which is something that not only political activists but businesspeople fear, as they believe they could be in danger if the change goes ahead.

Will the Government stand by the people of Hong Kong and their human rights, and will the Minister ensure that we in this country do not allow the Chinese Government to break the promises that this country made to the people of Hong Kong?

Mark Field Portrait Mark Field
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I thank the right hon. Gentleman for his considered comments, and I fully accept and agree with the concerns he has raised. We take very seriously our responsibilities under one country, two systems, and we have expressed concerns in consecutive six-monthly reports that there has been a tightening of individual rights. We also feel that commerce and the independence of the judicial system have remained true to one country, two systems.

It is in China’s interest that Hong Kong continues to succeed under the framework. The joint declaration must remain as valid today as it was when it was signed three and a half decades ago. It is a legally binding treaty that is registered with the United Nations. I have raised this, and will continue to raise it, with my Chinese counterparts. Some criticism has been addressed to the FCO in relation to the idea of having a six-monthly report, which we feel is a particularly important foundation for ongoing confidence within Hong Kong that we take very seriously the responsibilities to which we have signed up.

The right hon. Gentleman raised the change to the extradition laws. We are aware that the Hong Kong Government have proposed changes to legislation. We are seriously considering the potential implications of those changes, including how the proposals might affect UK citizens and, indeed, our current extradition arrangements with Hong Kong.

The British consul general to Hong Kong, the very talented Andy Heyn, has spoken to senior figures in Hong Kong’s Administration to seek clarity on what the proposals will mean for UK citizens, for our law enforcement co-operation and for the current extradition arraignments. He has raised the potential impact of the proposals on business confidence in Hong Kong and has explained our concern that, given the sensitivity of the issues raised by these extradition proposals, considerably more time should be given for a full and wide consultation with interested parties before the Hong Kong authorities seek to put it into law.