Hong Kong Anniversaries

Amanda Milling Excerpts

Wednesday 29th June 2022 Westminster Hall

[The Minister for Asia and the Middle East (Amanda Milling)]

It is a pleasure to serve under your chairmanship, Mr Efford. I congratulate my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) on securing this timely debate and thank him for all the work he does to highlight the erosion of rights and freedoms in Hong Kong. I am grateful to all Members for their contributions, and I hope I will be able to address some of their questions.

The 25th anniversary of the handover of Hong Kong is a really important moment of reflection. On 30 June, 25 years ago, the UK and China both implemented their agreement to transfer sovereignty of Hong Kong peacefully. In that agreement—the Sino-British joint declaration—China promised to preserve Hong Kong’s distinct “social and economic systems” and “high degree of autonomy”, and the “rights and freedoms” of its people, for at least 50 years. Those included freedom of speech, freedom of the press and freedom of assembly. I will come on to talk about those.

For more than two decades following the handover, those rights and freedoms were broadly upheld, underpinning Hong Kong’s prosperity and way of life. Over the past three years, things have changed. China has disregarded its commitments under the joint declaration and Basic Law, and taken deliberate actions that undermine the rights and freedoms that it promised to uphold. The UK is clear that China remains in an ongoing state of non-compliance with the joint declaration.

Tomorrow is not only the 25th anniversary of the handover. As my right hon. Friend the Member for Chingford and Woodford Green said, it also marks two years since the imposition of the national security law on Hong Kong by Beijing. The national security law was imposed in 2020, following mass protests in Hong Kong. Those protests were in response to proposed extradition legislation, which was a move by Beijing to exert increasing control and erode promised rights and freedoms.

The national security law is sweeping in its nature and is a serious breach of the joint declaration. It has been used by the Hong Kong authorities, under the direction of Beijing, to stifle opposition and criminalise dissent. The crackdown that accompanied the national security law and its pervasive, chilling effect has meant that alternative voices in Hong Kong’s executive, legislature, civil society and media have been all but extinguished. Independent NGOs, trade unions and human rights organisations that have not been supportive of the Government’s agenda have been forced to disband or leave. Direct and unwarranted action against independent media outlets has continued to erode Hong Kong’s free press, as we have been hearing.

Most of the legislators who represented Hong Kong’s pro-democracy opposition have been detained or have chosen to leave Hong Kong. With Beijing assuming almost complete control of Hong Kong’s law-making process, the judiciary is now being required to enforce Beijing’s laws and the values they contain. It was against this backdrop that the President of the Supreme Court, in consultation with the Foreign Secretary and the Deputy Prime Minister, decided that it was no longer tenable for serving UK judges to sit on the Hong Kong Court of Final Appeal. I have been asked by Members from across the House about the non-permanent judges who remain in the court of final appeal who are retired from judicial service. It is down to them to make their own personal decisions on their continued service in Hong Kong.

In terms of arrests—

[Sir Iain Duncan Smith]

My right hon. Friend just touched on the retired judges and then moved on. What is the Government’s opinion on the continued service in Hong Kong of those who are not serving judges here? Do the Government think they ought to step aside, or do they have no opinion on the matter?

[Amanda Milling]

I am grateful to my right hon. Friend for his intervention. As I have said, the decision of the President of the Supreme Court in relation to the serving judges was that it was no longer tenable. As for those retired judges, it is for them to make their own personal decisions as to whether they feel they can continue to serve.

[Sir Iain Duncan Smith]

rose—

[Amanda Milling]

As I say, I think it is a decision for them; but for serving judges, the decision has been made that it is not tenable.

[Sir Iain Duncan Smith]

All I am asking for is a view. I know that the Government cannot direct them, but it is important that Government have a view. The Government had a view about existing judges. Surely the same view must exist in this case, because the same principles are at risk. If that is the case, I urge my right hon. Friend to say when she gets back up: “We think that they ought not to serve, but it is their decision.” Could she possibly stretch herself to that?

[Amanda Milling]

I think, by virtue of the fact that the Government supported the decision that it was untenable for serving judges, that that is a clear position from the Government; but it is down to the retired judges to make their own decisions.

Individuals such as Jimmy Lai, Andy Li and Cardinal Zen have been arrested and are facing prosecution. We have spoken out against these arbitrary arrests and raised our concerns with the Hong Kong Government and Beijing authorities, and we will continue to do so.

Many colleagues have raised issues relating to media freedoms. Freedom of the press is explicitly guaranteed in the Sino-British joint declaration and the Hong Kong Basic Law, and is supposedly protected under article 4 of the national security law. We always defend media freedom and the right of journalists to do their job. As the House knows, the UK responded rapidly and decisively to the imposition of the national security law.

Within 20 days, we extended our arms embargo on mainland China to Hong Kong and indefinitely suspended our extradition treaty with it. We also launched the bespoke BNO immigration route, which many Members referred to, to enable British nationals to come to the UK. That reflects our historical and moral commitment to the people of Hong Kong who chose to retain their ties to the UK by taking BNO status at the point of handover in 1997.

I am very pleased to see the hon. Member for Strangford (Jim Shannon) in his place—a Westminster Hall debate would not be quite the same if he were not present—and I will address his specific questions about numbers. Since the launch of the route, the UK Government have approved more than 110,000 applications from BNO passport holders to live in the UK. As of 31 March 2022, there have been 123,400 applications, and 113,742 have been granted. We have helped those who have moved here to integrate fully and feel safe in their communities, including by providing about £43 million of support through the welcome programme.

The hon. Member for Leeds North East (Fabian Hamilton) and others touched on international engagement. The UK has spearheaded international efforts to call out China’s systematic undermining of Hong Kong’s rights, freedoms and autonomy, and to raise wider human rights concerns. Yesterday’s G7 leaders’ communiqué called on China to honour its commitments made in the joint declaration and the Basic Law, which enshrine rights, freedoms and a high degree of autonomy for Hong Kong. That follows the selection of the new Hong Kong Chief Executive in May. Alongside G7 partners, we called on China to act in accordance with the joint declaration and other legal obligations. A global diplomatic effort by the UK helped to secure the support of 47 countries for a further critical joint statement on Xinjiang, Hong Kong and Tibet at the UN Human Rights Council. The Chinese and Hong Kong authorities can be in no doubt about the seriousness of our concerns and those of the international community.

Nearly everyone, if not all Members, including my right hon. Friend the Member for Chingford and Woodford Green, mentioned sanctions. I noted the report issued by Hong Kong Watch in April, and I recognise the strength of feeling in this House about Hong Kong. Some Members believe that we should impose sanctions on those involved in the erosion of rights and freedoms in the city. The Global Human Rights Sanctions Regulations 2020, introduced by this Government, enable us to sanction individuals responsible for serious human rights violations, although it is not appropriate for me to speculate on who may be designated under the sanctions regime, as that could reduce the impact of the designations. I assure the House that we keep all potential designations under close review, and we are guided by the evidence and the objectives of our sanctions regime.

[Sir Iain Duncan Smith]

I am grateful to the Minister for addressing that part of the debate. What does she believe the United States knows, and we do not, about the individuals it has sanctioned? Why is it that, as a co-guarantor of the treaty, we have not sanctioned a single person responsible for these abuses? Will she answer those two questions, even if she is not prepared to say whether we will sanction anybody?

[Amanda Milling]

I am aware of the US sanctions, and I assure the House that we keep the sanctions, the evidence and potential listings under review. I cannot speculate here today on future sanctions and designations, because that would reduce their impact.

[Fabian Hamilton]

I absolutely and fully understand why the Minister cannot speculate about individuals, but will she reassure Members that she will keep the use of those sanctions as something that could be introduced if the situation gets worse?

--- Later in debate ---

[Amanda Milling]

I reassure the House that we keep all the evidence under review for possible future designations. I am not going to speculate, but right hon. and hon. Members should be reassured that we keep everything under very close review.

[Brendan O’Hara]

What evidence would the Government require, that they do not currently have, that human rights are being abused and fundamental rights undermined in Hong Kong?

[Amanda Milling]

As I said, the sanctions regime enables us to sanction individuals responsible for human rights violations. I am not going to speculate, but I reassure the House that we take this matter seriously and keep it under very close review.

The hon. Member for Blackley and Broughton (Graham Stringer) is no longer in his place, but he made a point about businesses. The Government monitor the operation and function of the financial sector and its participants on an ongoing basis, across a wide range of matters, but it is for the businesses themselves to make their own judgment calls. We do not comment on individual companies.

China’s increasing international assertiveness and the growing importance of the Indo-Pacific will be among the most significant geopolitical and geoeconomic shifts of the 2020s. It is precisely because we recognise China’s influence in the world that we expect China to live up to its international obligations and responsibilities.

As we reach the 25-year anniversary of the handover, our long-standing ties to Hong Kong and its people are just as strong as they were in 1997. We share history. We have enduring cultural, economic and social links. We want Hong Kong to succeed and thrive. This Government believe that the most effective path to long-term prosperity for Hong Kong is through respect for fundamental rights and the rule of law and genuine political participation by the full breadth of Hong Kong’s society. We must protect what remains of Hong Kong’s unique social, political and economic systems. That is why we will continue to bring our international partners together to stand up for the people of Hong Kong, to call out the violation of their rights and freedoms, and to hold China to its international obligations.