Hong Kong: Sentencing of Pro-democracy Activists

Alyn Smith Excerpts

Monday 7th December 2020 Commons Chamber

[Alyn Smith (Stirling) (SNP)]

(Urgent Question): To ask the Secretary of State for Foreign, Commonwealth and Development Affairs if he will make a statement on the sentencing of the Hong Kong pro-democracy activists Joshua Wong, Agnes Chow and Ivan Lam.

[The Minister for Asia (Nigel Adams)]

We are deeply concerned by recent developments in Hong Kong. As the Foreign Secretary made clear in the most recent six-monthly report on Hong Kong, this has been and continues to be the most concerning period in Hong Kong’s post-handover history. The apparent focus of the Hong Kong authorities now seems to be on retribution against political opposition and the silencing of dissent. In the light of our concerns, we have taken decisive action in relation to the erosions of rights, freedoms and autonomy in Hong Kong, specifically in response to the national security law. This has included a new immigration path for British nationals overseas, suspending our extradition treaty with Hong Kong and extending our arms embargo on mainland China to Hong Kong.

We have made clear our concerns about a number of ongoing cases, and that includes the sentencing of the pro-democracy activists Joshua Wong, Agnes Chow and Ivan Lam on 2 December and the charges laid against the major media proprietor Jimmy Lai on the same day. We understand that the three sentenced on 2 December pleaded guilty to inciting people to take part in an unauthorised rally last year. They were not charged under the national security law. As the Foreign Secretary made clear in his statement of 2 December, prosecution decisions must be fair and impartial, and the rights and freedoms guaranteed to the people of Hong Kong under the joint declaration must be upheld. Hong Kong’s prosperity and way of life rely on respect for fundamental freedoms, an independent judiciary and the rule of law.

British judges have played an important role in supporting the independence of Hong Kong’s judiciary for many years. That independence is a critical factor underpinning Hong Kong’s success. We want it to, and hope that it will, continue; however, the national security law that was imposed on Hong Kong in July poses real questions for the rule of law in Hong Kong, and the protection of fundamental rights and freedoms promised by China in the joint declaration. It is therefore right that the UK Supreme Court continues to assess the situation in Hong Kong, and the position of British judges, in discussion with the Government.

We have raised our concerns about these and other cases with senior members of the Hong Kong Government and the Beijing authorities, and we will continue to do so. We urge the Hong Kong and Beijing authorities to bring an end to their apparent campaign to stifle legitimate opposition, and to reconsider their current course. The Government will continue to work with international partners to hold China to account, as we did recently at the UN Third Committee on 6 October, where 39 countries expressed deep concern at the situation in Hong Kong, Xinjiang and Tibet. The UK Government will continue to stand up for the people of Hong Kong and our historic responsibility.

--- Later in debate ---

[Alyn Smith]

I thank the Minister for his answer, and I find nothing to disagree with, but, as in previous discussions on Hong Kong across the House, we want more, and we want to see more action. The fact is that this is getting worse, not better, despite all the warm words that we have heard across the Chamber and, indeed, internationally. Joshua Wong was sentenced to 13 and a half months’ imprisonment, Agnes Chow to 10 months’, and Ivan Lam to seven months’, for offences that are at best trumped-up charges. That is a direct breach of the Hong Kong Basic Law, and of the Sino-British agreement, which guarantees one country, two systems.

These are not just breaches of human rights somewhere in the world of which we know nothing; they are direct breaches of the Sino-British agreement and direct infringements of personal rights, which the UK is guarantor of until 2047. We need far more action than we have seen. I do feel for our Minister. I have much respect for him. He did not make these decisions and he is not responsible for the internal workings of Hong Kong. We need to be realistic about what is achievable and what is not. For me, it is international action, concerted with our allies in the EU and internationally, that will force Beijing to change tack.

We have a number of ideas on what we can do now, here. We can push forward with Magnitsky sanctions. We have called for progress often enough; let us see some action on that now. We can do an audit of UK companies to check their involvement in slave labour with Chinese companies, because there is no question but that there are UK companies that are profiting directly from gross human rights infringements. We can take action on HSBC and other banks that are colluding with Beijing in order to enforce the national security law. We can also enforce further action in the fight against organised crime and fraud, which has been grievously weakened by events in Hong Kong.

We can also audit and shine a light upon the role of Confucius Institutes across our academic community within these islands, because there is no question but that they are involved in activities that go well beyond what their expected remit should be. On immigration, there is one point specifically that I would be grateful for an assurance from the Minister on. Joshua Wong, under current UK asylum legislation, would be barred from applying for asylum in the UK by this sentence, which we do not respect. Can the Minister assure me— perhaps this is a question for his colleagues as well—that the UK will look at reforming the asylum process to ensure that Hongkongers will have access to this country, and not be barred by trumped-up charges?

So international co-operation will lead on this. The UK has not been idle, but a lot more needs to be done because we are bound to the people of Hong Kong and they will not be forgotten by this House.

[Nigel Adams]

I thank the hon. Gentleman for bringing this question to the House. I know that it is a subject that we discuss on a regular basis, but it is only right that we do so, given our history with Hong Kong. He mentioned the case of Joshua Wong and the inability to claim asylum. There will, of course, have to be criminality checks for anyone who comes and claims asylum, but it would be perverse to turn away people from the UK because they have participated in democratic protests, like Mr Wong.

The hon. Gentleman talked about international co-ordination, and it is absolutely the case that we are working with international partners. We are focused on adding our voice to the widespread international concern to protect Hong Kong’s rights and freedom. We do not rule out any diplomatic options, and we will keep the position under review. He referenced sanctions; of course, we have had this discussion before. We are actively considering, and will continue to consider, designations under our global human rights sanctions regulations, but I am sure that he will totally understand that it would not be appropriate to speculate on who may be designated under the sanctions regime in future.

The hon. Gentleman also mentioned HSBC. We do not comment on issues related to individual private companies. Businesses will make their own judgment calls, and they will be judged on those calls, but we made an historic commitment to protect the autonomy, rights and freedoms of the people of Hong Kong, and so has China.