Hong Kong National Security Legislation

Baroness Northover Excerpts

Thursday 2nd July 2020 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, we support the Foreign Secretary’s view that a constructive relationship with China remains essential. From climate change to post-pandemic economic recovery, not a single global challenge can be tackled without such engagement.

However, we also need a hard-headed realism and to use targeted measures, in close partnership with our allies, to deter further aggression. If China is able to act with impunity in Hong Kong or the South China Sea, Taiwan could be next. The commitments made by Beijing in the joint declaration in 1984 have been ripped apart by the Chinese Government, and the international community must now step up to hold them to account.

I welcome the Statement. The Government have taken a step forward with the announcement of new rights for BNO passport holders and a statement at the United Nations, but this is no substitute for ongoing and sustained international leadership.

The Government must ensure that the offer to BNO passport holders does not discriminate and is not limited to the wealthiest residents. Will salary thresholds apply as part of the scheme for BNO passport holders? Has the FCO made any formal assessment of the numbers involved?

The oppressive crackdown on Hong Kong protesters expressing their human rights and freedoms requires an immediate response. Unfortunately, with the Magnitsky legislation still waiting in the wings, the Government are unable to target individuals most culpable for the situation we are witnessing. I ask the Minister again: do we have a date before Recess when the regulations will be laid? Will any of the initial designations relate to the situation in Hong Kong?

The UK must work with our allies at the UN and elsewhere to pressure China and the Hong Kong Administration to end their encroachment on Hong Kong’s freedoms. The Foreign Secretary told the Commons yesterday that he is

“open to the idea of a UN … envoy”—[Official Report, Commons, 1/7/20; col. 345]

on Hong Kong. We have enormous influence at the UN and a historical allegiance to the people of Hong Kong. We cannot simply wait for another member state to step up to the plate, so can the Minister confirm whether the Foreign Secretary has given any further consideration to spearheading a campaign for a UN envoy?

The G7 must also stand together as an unequivocal voice for democracy and universal suffrage. Australia and others in the group have made their voices heard but some members have remained almost silent. Can the Minister confirm whether there are any plans for further joint action by the G7 following the statement published in June?

The application of the national security law was expected. The brutal response to objecting protesters was, sadly, predictable too. The situation may escalate, and it is crucial that the Foreign Office is fully equipped to respond. To this end, what assessment has the Minister made of the suggestion by seven former Foreign Secretaries for the UK to lead the formation of an international contact group to monitor the situation on the ground and co-ordinate action?

Finally, in recognition of the large number of UK citizens in Hong Kong, I hope that the Minister will offer a few reassurances about their safety; for example, will the FCO update its travel advice following the Canadian Government’s new warning? What channels of communication in the pandemic situation—we have raised this before—will the FCO utilise with UK citizens in Hong Kong and should that advice be updated? Are the Government in communication with any UK journalists on the ground in relation to their safety, considering the use of force against members of the press that we have seen. For too long we have no strategy in relation to China at home or abroad. I hope the Minister will give us a commitment today that this marks the start of a very different era.

[Baroness Northover (LD) [V]]

My Lords, I thank the Minister for presenting this Statement. Hong Kong is in a terrible situation. The Government are right that the new security law constitutes a clear and serious breach of the joint declaration. We have obligations to assist, as a cosignatory to the joint declaration—a treaty lodged at the UN. Already, there have been arrests in Hong Kong, and we see peaceful activists withdrawing from political comment, in fear.

In 1997, Hong Kong represented about one-third of China’s GDP. Now that is only 3%. We may see a thriving territory—the gateway to China—but China’s rise, and therefore the relative decline in Hong Kong’s significance, shows loss of leverage. I therefore commend the Government for their actions, given China’s economic and political dominance. But that makes it even more essential that international law is respected.

I welcome the proposals to grant BNOs and their dependants the right to live here, and to work or study, with a path to citizenship. However, this still leaves behind many young people who have been at the heart of protests and are therefore particularly at risk. Will the Government extend their offer to all Hong Kongers? What steps will the Government take to ensure that BNOs can leave Hong Kong to take up the Government’s offer if they feel the need to do so? Will the UK provide them consular protection? What liaison has there been with Carrie Lam’s office to ensure that those arrested will be immediately released, given that she emphasises that the new law does not crack down on freedom of expression? What steps are the Government taking to ensure that Hong Kongers in the UK or British citizens and British-based businesses will not be targeted? What is happening in relation to the proposed UN special envoy for Hong Kong to monitor human rights there? Are we looking at the Magnitsky sanctions in relation to human rights abuses there?

Does the Minister know if British judges on the Hong Kong Court of Final Appeal feel that they can continue, and what might be the future for Taiwan? I am very glad to hear in the Statement of the report of the UN Council on Human Rights about the situation both in Hong Kong and Zhenjiang. Reports of the treatment of the Uighurs are horrifying. Can he say whether full consideration has yet been given to the China tribunal’s conclusions about forced organ harvesting? I note that the countries which supported us in that statement to the Human Rights Council are largely European, but notably not all EU countries, together with Australia, New Zealand and Canada. There are no Asian, African or Latin American countries, unless you count Belize in Central America and one Micronesian island. There is no widespread support from the Commonwealth, which clearly is not going to replace the EU as a supportive bloc for us and the rules-based order. Does he worry about those omissions, bearing in mind the heavy Chinese engagement in many regions of the world?

This is a dangerous time for Hong Kong and I am very glad that we are offering the refuge that we are, although that loss to the territory further damages Hong Kong itself. But wider than that, China’s actions are immensely worrying for future global relations and the rules-based order. There are indeed so many issues that must be faced together, including, of course, climate change.

[The Minister of State, Foreign and Commonwealth Office and Department for International Development (Lord Ahmad of Wimbledon) (Con)]

My Lords, I thank the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their support for my right honourable friend the Foreign Secretary’s Statement. As my right honourable friend has said previously, we delivered on what we hoped we would not have to deliver, as a consequence of the decision taken to impose this new law on the people of Hong Kong. As both the noble Lord and the noble Baroness acknowledged, this is a breach, and my right honourable friend the Prime Minister and the Foreign Secretary have both been clear, during Prime Minister’s Questions and the Statement yesterday in the other place, that this does represent a breach of the “one country, two systems” agreement, which has been signed. As the noble Baroness, Lady Northover, reminded us, it has status because it has been deposited within the context and the confines of the United Nations. Moreover, it is also a breach of China’s own Basic Law for Hong Kong, as it contravenes the scope of Article 23.

I turn now to some of the specific questions, points and observations made by the noble Lord and the noble Baroness. I say first to the noble Lord, Lord Collins —I know that the noble Baroness, Lady Northover, agrees with this, as do we all—that China has an important role to play in our current international system and in the context of the United Nations. Further, as I have acknowledged from this Dispatch Box, it is also playing an important role in meeting the challenge of the Covid-19 pandemic. It has assisted many countries in procuring, for example, ventilators and PPE equipment. We acknowledge that, and I know that that view is shared by the noble Lord and the noble Baroness.

The noble Lord, Lord Collins, alluded to the importance of addressing climate change. China will be hosting an important conference next year, as will we at COP 26. It is important that we work together, because while the focus of the world has rightly been on the Covid-19 pandemic, one should not forget for a moment the challenges posed by climate change. Addressing these issues without China’s direct engagement will not result in the success from a global perspective that we all seek. However, I repeat what I have said previously: we are clear-eyed in our Statement, and regarding our relationship with China. China is a key partner for us in many areas. However, as this issue, on which we disagree very strongly, has illustrated, we carry a special responsibility when it comes to Hong Kong, as yesterday’s announcement again confirmed.

The noble Lord, Lord Collins, asked who will be eligible under the announcement that has been made. As I mentioned in your Lordships’ House a few days ago, we estimate that some 2.9 million people will be eligible. That includes those who currently have BNO status, those who would qualify for BNO status if they applied for it and, of course, their dependants. That will be applied universally.

The noble Baroness, Lady Northover, asked about other young people. Looking at the media reports and current reporting, it was deeply concerning that only yesterday, as soon as the law came into effect, a number of individuals were detained under its provisions. We have already relayed these concerns: yesterday the Chinese ambassador to the UK was summoned to the Foreign Office and met the PUS, and we asked specifically about China’s intent in terms of the implementation of the new law, particularly under certain key sections. We will continue to keep that very closely monitored and under review. Of course, if people seek to apply for asylum in the United Kingdom, their applications will continue to be looked at on their merits.

I speak as a Minister but also in a role which both noble Lords know that I take very seriously—that of a human rights Minister. In our country’s history we have long been supportive of those who have spoken out against oppression around the world. That should be the case today—and I am proud to say that it is—and it should be the case in the future as well.

The noble Lord, Lord Collins, and the noble Baroness, Lady Northover, both touched on the important issue of the Magnitsky global human rights regime and sanctions regime. I wish I could provide a specific answer to the noble Lord, Lord Collins, but I reassure him once again that we are looking to introduce the new regime very shortly. There are procedures and timings to go through but, as I have said to the House, it will certainly be before the Summer Recess and, as a sanctions Minister, I have been closely involved in progress in this respect. I pay tribute to my right honourable friend the Foreign Secretary, who I know has taken a very personal interest in this particular issue and is seeking to bring it forward at the earliest opportunity.

The noble Baroness and the noble Lord asked about work within the UN. As a human rights Minister, I was directly involved in working with the 27 countries, including the United Kingdom, which signed and supported the statement that our ambassador delivered at the UN Human Rights Council. It covered—as the noble Baroness rightly acknowledged—not only the situation in Hong Kong but the appalling situation suffered in particular by the Uighurs in Xinjiang. We will continue to raise that issue with partners.

The noble Baroness asked about key partners. I have just come from a virtual meeting of the UN Security Council, which looked specifically at the importance of peace and securing peace in the context of the Covid crisis. The meeting was chaired by our German partners, and I was pleased to attend on behalf of the United Kingdom. We continue to work with our European partners, as well as others, in support of human rights, the rule of law, standing up for obligations and media freedom—again, a point mentioned by noble Lords.

The noble Baroness rightly mentioned her concerns about working through the context of the Commonwealth and other alliances. We continue to do so and need to do more; I fully acknowledge that. We need to make a very strong case on the premise of human rights and continue to make the case for upholding and strengthening the international rules-based system.

Coming back to my original point about the relationship with China today, China has, and is playing, an important role on the world stage. It also has international obligations on the world stage. We will continue to remind China of those obligations and to work together where our interests are aligned positively, in areas such as Covid-19 and climate change. However, this will not prevent us raising our deep concerns about the human rights situation in mainland China and, of course, the recent announcement made by the Chinese authorities on the new law for Hong Kong.

We therefore again appeal to the Chinese authorities to reconsider their approach, but in the interim we have now embarked on a particular route, and my right honourable friend the Home Secretary will be coming forward with further details of the announcements and operation of the new scheme. I am sure both noble Lords have seen the details of what we have announced thus far, and that will ultimately lead to a pathway to citizenship.

The noble Baroness, Lady Northover, also asked about British judges. That is an important point because, under this law, the appointment of those judges has switched. It has gone from the Chief Justice to the Chief Executive. We believe that that upholds neither the principles of China’s basic Hong Kong law nor the spirit and details of the agreements that we have signed, including the joint declaration. That is therefore a worrying development; we will look at it closely because other announcements have been made as part of it, including on setting up local committees to look at the enforcement of the law. Again, we believe that that goes directly against both elements of the joint agreement and China’s basic law for Hong Kong.

I assure the noble Baroness and the noble Lord that we will continue to work actively on the world stage. They asked about the UN rapporteur. In that regard, let me assure them that my right honourable friend has very much led from the front on this issue. I pay tribute to his efforts, particularly at the G7. As I said, we have worked closely on securing support with 26 other countries that, like us, are on the Human Rights Council. As my right honourable friend the Foreign Secretary said, if we need to explore further diplomatic routes, we will continue to do so.