Human Rights in Hong Kong

Anne-Marie Trevelyan Excerpts

Tuesday 23rd January 2024 Westminster Hall

[The Minister of State, Foreign, Commonwealth and Development Office (Anne-Marie Trevelyan)]

I am grateful to my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) for securing this important debate and for his characteristically powerful and challenging speech on this issue. I welcome the contributions of all right hon. and hon. Members. I will do my best to respond in the time remaining, using the information that I have brought with me. I commit to writing in response to those issues that I am not able to cover today.

China committed to uphold the Sino-British joint declaration until at least 2047. This treaty set out many of Hong Kong’s human rights or, to use the language of the joint declaration, “rights and freedoms”. However, as colleagues have articulated so clearly and forcefully, the national security law, introduced in 2020, has irretrievably damaged Hong Kong’s promised rights and freedoms. Freedom of speech, assembly and the press have deteriorated dramatically.

When Beijing imposed this law in 2020, the authorities promised it would be used exceptionally and that it would target only a small number of criminals. Instead, the law has been applied far beyond genuine national security concerns. The Hong Kong authorities have used it to target critics across society time and again. They have prosecuted pro-democracy campaigners, journalists and community leaders. The vague provisions of the law have created a culture of self-censorship, as a number of colleagues have highlighted, restricting Hong Kong’s extraordinary vibrancy.

The high degree of autonomy promised in the joint declaration has also been compromised by an overhaul of electoral systems, which has meant that Hongkongers are no longer legitimately represented, and meaningful political opposition has been all but eliminated. My hon. Friend the Member for Sutton and Cheam (Paul Scully) set out how powerfully that is understood by those who have been able to come here and see what a democracy still in full flight looks like.

The Foreign Secretary has called on the Chinese authorities to repeal the national security law, and to end the prosecution of all individuals charged under it. The UK made clear our strong opposition to the national security law immediately, declaring its imposition a further breach of the joint declaration. We took robust action as soon as the national security law came into force, including by creating our bespoke visa route for British nationals overseas—an avenue for those who wish to leave the city. To date we have granted more than 184,000 visas, and that door remains open.

We suspended the UK-Hong Kong extradition treaty indefinitely, and extended to Hong Kong the arms embargo that has applied to mainland China since 1989. We continue to alert British nationals and businesses to the impact of the national security law and the risk that it poses through our travel advice and overseas business risk guidance on gov.uk. That is kept under close review. We always try to signpost everyone to it, so that they are fully aware of the realities.

Colleagues have reiterated today the strength of their feeling about the imposition of sanctions on those responsible for the erosion of rights and freedoms in Hong Kong. I continue to listen closely to those views, as do my officials, and we will continue to consider designations under the Global Human Rights Sanctions Regulations 2020.

As colleagues know, I appreciate the frustration, but we do not speculate about future designations, as that could reduce their impact. However, I can confirm that we never rule out sanctions or other designations on any individual entity; I hope that reassures my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith).

[Tim Loughton]

I waived my right to reply, but will the Minister accept a challenge? Everything that she has said endorses just about everything that I have said, but there are no consequences. Every time we have a debate, in every petition she answers, and in every parliamentary question that she responds to, the answer is, “We are keeping it under review.” What will it take for the British Government to shift from “keeping it under review” to “We have had enough. We will sanction these Chinese individuals, just as the US and other countries have done—and we had a particular duty to do that long before now”?

[Anne-Marie Trevelyan]

I absolutely hear my hon. Friend’s point, but I will continue to reiterate that line, for very good reason. I hope that we can, as we have many times before, discuss in the Lobby the practical reasons for that. We will continue to do that, and nothing is off the table.

Jimmy Lai’s name has been raised many times today. That extraordinary prominent publisher and journalist, an incredibly brave man, is on trial accused of foreign collusion and sedition under the national security law, which we have repeatedly called to be repealed. Mr Lai has been targeted in a clear attempt to stop him peacefully exercising his right to freedom of expression and association. He is a British national, and the UK Government stand alongside him at this difficult time. I know that colleagues are frustrated by the Chinese refusal to accept Jimmy’s British nationality due to China’s own nationality legislation; it is not alone in that. As my hon. Friend has said, that does not stop my officials continuing to demand consular rights for Jimmy in prison. The Foreign Secretary has called on the Hong Kong authorities to end the prosecution, and to release Mr Lai. We will continue to press for that.

[Catherine West]

I am very pleased, as I am sure other Members are, about the change of heart and language on the citizenship question. What assessment has the Minister personally made of the Prime Minister’s role in this? We have won the battle with the Foreign Secretary; what about the Prime Minister?

[Anne-Marie Trevelyan]

I thank the shadow Minister for her question, but I do not speak for the Prime Minister. I think it was made clear in the Foreign Secretary’s comments a few weeks ago—he had the opportunity to meet Sebastien Lai shortly after he took up his post—that our commitment and continuing resolve will continue.

On the ongoing trial, as Members have mentioned, British and other foreign nationals have been named in the prosecution. That is unacceptable, and we have made clear to the Chinese authorities, through officials in the UK, our concern that British nationals, including the former British consul-general to Hong Kong, Andrew Heyn, have been named in the prosecution. British nationals named—they have been highlighted already—include Lord Alton, my hon. Friend the Member for Isle of Wight (Bob Seely), Ben Rogers, Luke de Pulford, Bill Browder and Andy Heyn; they have all been listed in various forms. I recently met a number of those people, who are bravely speaking out on freedom of speech and human rights concerns, despite threats against them. We continue to work with them and support them. In my private conversations with them, I continue to share the message about the support that the UK Government can provide, as they may need it.

Since the trial began, our diplomats in Hong Kong have attended Mr Lai’s court proceedings daily, and will continue to do so. As noted in our latest six-monthly report, Hong Kong’s legal and judicial systems are at a critical juncture. The courts are having to adjudicate on an opaque law that we think should be repealed, and which places the authority of the Chief Executive above that of the courts on security matters. Hong Kong’s national security trials are dominating current perceptions of Hong Kong. They are damaging the city’s international reputation and status as a financial centre. Thousands who were arrested during the protests in 2019 are still waiting to learn if they will face trial. We urge the authorities to provide certainty to those individuals.

Last year, we saw a new pattern of behaviour emerging: arrest warrants were issued and bounties were placed on individuals based overseas, as a number of colleagues have mentioned. We have been clear that we will not tolerate any attempts to intimidate, harass or harm individuals or communities in the UK. That is a threat to our democracy and to our fundamental human rights. We formally démarched the Chinese ambassador in July 2023, following that first wave, and we have continued to raise the issue at senior level with Chinese and Hong Kong officials. Let me be clear: the national security law has no extraterritorial authority in the UK. The UK has no active extradition agreement with Hong Kong or China. This Government will always protect the right of individuals peacefully to exercise freedom of speech. We will provide police support if individuals have particular concerns.

My right hon. Friend the Member for Chingford and Woodford Green raised questions about Interpol and an early warning system around extradition issues. I will take that away to discuss more fully with Ministers across Government, but I can confirm that the UK Government take any misuse of Interpol very seriously. Article 3 of Interpol’s constitution forbids the organisation from making any intervention or undertaking activities of a political, military, religious or racial character. I hope that gives a little reassurance in the meantime.

Conscious of time, I will pick up on the point made by the shadow Minister and others about the universal periodic review of China, which is, as they say, ongoing. I will put on record the statement the UK has made, thanking colleagues for taking note. It was important to us that we set out clearly the issues of concern.

There were four calls: cease the persecution and arbitrary detention of Uyghurs and Tibetans, allow genuine freedom of religion or belief and cultural expression, without fear of surveillance, torture, forced labour or sexual violence, and implement the recommendations on Xinjiang by the Office of the High Commissioner for Human Rights; guarantee an impartial judiciary and cease the harassment of lawyers, the use of the death penalty and residential surveillance in a designated location; cease the restriction of civil society and independent media, end forced repatriations, and stop targeting human rights defenders; and repeal the law on safeguarding national security in Hong Kong, as recommended by the UN, and cease prosecutions, including of Jimmy Lai.

To conclude, we will continue to stand against the deterioration of rights and freedoms in Hong Kong. There is a reputational cost to China undermining international values, as it is doing. We are clear that it must protect what remains of Hong Kong’s unique social and political character, as well as its distinct economic system. We must see the repeal of the national security law, the ending of the prosecution of all individuals charged under it, and the restoration of the rights and freedoms promised to the people of Hong Kong under the Sino-British declaration.

[Derek Twigg (in the Chair)]

Mr Loughton, you do have some time, if you want to wind up.