China

Baroness Northover Excerpts

Wednesday 22nd July 2020 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, the UK must offer a firm and resolute response to China’s unwarranted and illegal actions in Hong Kong, and I welcome the two measures contained in the Statement as part of this. The extension of the arms embargo will prevent UK weapons and equipment being used, and I would like to ask whether the Minister will also review the training provided to the Hong Kong police by UK institutions. The immediate and indefinite suspension of the extradition treaty is also welcome, but this must form part of a global response.

On Monday, the Foreign Secretary acknowledged that it needs to be more than just the traditional Five Eyes and Europeans, because there is, as he put it, a whole range of non-aligned countries out there that are very much influenced by what China is doing and saying. So, I ask the Minister: has the meeting with the German Foreign Secretary taken place this week, and has there been a positive response? Also, have there been any multilateral or bilateral talks with the Commonwealth to build support for upholding the international rule of law in all areas, including the South China Sea?

The Foreign Secretary, in response to my honourable friend Lisa Nandy, said in relation to the HSBC Statement:

“The rights and the freedoms of … the people of Hong Kong should not be sacrificed on the altar of bankers’ bonuses.”—[Official Report, Commons, 1/7/20; col. 336.]


Can the Minister explain what the Foreign Secretary meant? The persecution of Uighur Muslims, including their detention in re-education camps and the forced harvesting of their organs, represents one of the gravest oppressions of human rights today. At PMQs today, Boris Johnson said:

“That is why the Foreign Secretary, only this week, condemned the treatment of the Uyghurs. That is why this Government, for the first time, have brought in targeted sanctions against those who abuse human rights in the form of the Magnitsky Act.”


So, does the noble Lord agree with Mr Johnson? Does he accept the urgency of targeting those Chinese officials involved in human rights abuses, including in Hong Kong, or does he follow the Foreign Secretary’s more cautious approach? I was disappointed that yesterday the Minister said that he was not willing to speculate on designations—something Boris Johnson appears happy to do.

I have not asked the Minister to speculate. What I hope for from this Government is a clear commitment to accelerate the timetable for targeted sanctions on Chinese officials involved in the persecution of the Uighur people. If he will not make this commitment tonight, will he at least confirm that the US has provided the evidence upon which they have acted? I would appreciate it if he could, at the very least, confirm the Government’s red lines on what it would take for the application of Magnitsky sanctions in this case.

The Foreign Secretary said that he had given, with Mike Pompeo as well as the other Five Eyes partners,

“due consideration to co-operation on future evidence.”—[Official Report, Commons, 20/7/20; col. 1840.]

Does that mean we have an agreement on the sharing of evidence, and can we move more speedily as a consequence?

In the coming months, the Government must remain alert, monitor China’s action and respond accordingly. While it may be Hong Kong or Xinjiang today, it could be Taiwan tomorrow. The Minister will be aware that Taiwan’s Foreign Minister warned only today that China is imposing itself on Taiwanese airspace and waters. Has the Foreign Office made an assessment of these claims, and were they discussed with Mike Pompeo?

[Baroness Northover (LD) [V]]

My Lords, I thank the Minister for bringing this Statement on China and Hong Kong to the House. It is surely right to seek a positive relationship with China, with its ancient culture, economic strength and developing excellence in science and technology—especially green technology—as the Statement makes clear.

Nevertheless, we cannot turn a blind eye to human rights abuses, and the Secretary of State is right to identify the appalling treatment of the Uighurs. Can the Minister say whether the Foreign Office has now taken a view on the China Tribunal’s conclusions, and is the FCO bringing China within the scope of the new Magnitsky sanctions?

In terms of Hong Kong, we have a special responsibility. Britain and China signed a treaty, which is lodged at the UN, protecting the rights of those in Hong Kong for at least 50 years. The national security law has blown that away. Like the noble Lord, Lord Collins, I therefore welcome the Government’s actions on citizenship for BNO passport holders, the suspension of the extradition treaty and the extension of the arms embargo. Nevertheless, I once more flag the position of young activists who do not have BNO passports and will be particularly at risk. Will the Government make sure that no one is excluded from this offer? What steps are they taking to ensure that those facing political persecution can freely leave?

The involvement of independent foreign judges in Hong Kong has long been seen as the canary in the coal mine: if they went, the writing would be on the wall for the independence of Hong Kong. The President of the UK Supreme Court has now questioned whether UK judges can continue to sit on the Hong Kong Court of Final Appeal. What is the Minister’s view?

As I asked yesterday, does the Minister believe that there can be free and fair elections to the Legislative Council in September? Will the Government seek to send an election observation mission to Hong Kong? What further actions might the Government take if these elections are not free and fair?

There is also wide concern about free speech. Will British journalists be advised to relocate, and how might access to a free internet be protected? Are the Government willing to work alongside others to create a UN special envoy or rapporteur for Hong Kong, who could have special responsibility for monitoring the human rights situation on the ground? Is there a way this could be done without China simply vetoing it?

As I have expressed before, I remain concerned that not all countries in the EU, a tiny number of Commonwealth countries and no countries in Asia, South America and Africa supported the UK in relation to the new law. This is a desperate situation, and China should recognise the loss to their country of an outflow of talented young people from Hong Kong and step back, even at this late stage, from implementing this new national security law. I look forward to hearing the Minister’s response.

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

My Lords, I first thank the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their support of the Government’s position. I am sure they both recognise—indeed, they have acknowledged—the fact that, over several months now, the Government have stood up for what they said they would do.

I know, in my own work as Human Rights Minister, that we have not only strengthened but sought to build alliances in the context of the UN Human Rights Council and gained support—including ourselves, there were 27 countries that voted for the statement. However, as the noble Baroness, Lady Northover, has rightly reminded us again, there were a vast number of countries that were not supportive of the statement initiated by the United Kingdom, and that is a cause for concern.

Therefore, we continue to work through all international fora, as well as bilaterally, to ensure that not only the situation in Hong Kong but that of the Uighur Muslims—which the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, mentioned specifically—is at the forefront of all our minds. It is particularly noticeable and disappointing that very few countries in the Islamic world have spoken out in defence of the Uighur Muslims. I am not for a moment suggesting that one religion should speak in its own defence, but whoever is persecuted, wherever they are persecuted and irrespective of your faith or belief, you should stand up for their rights, and it is disappointing that we have not seen a response from the wider community. However, we continue to work undeterred.

The noble Baroness mentioned the Commonwealth and will have noted that we have the support of notable partners, including Canada, Australia and New Zealand, in this respect. We will continue to work with them in further strengthening the response from across the Commonwealth. In the context of the European Union, there was a meeting of the Foreign Affairs Council, which agreed that national Governments would focus on this issue and announce appropriately.

The noble Lord, Lord Collins, asked about the visit today of the German Foreign Minister, which is ongoing. I have been on a virtual visit to the UN today, so I have yet to see the updates from those discussions. However, knowing the German Foreign Minister well, I know how much he cares about human rights. Recently, I was with him when he chaired an event at the UN Security Council on the important issue of preventing sexual violence in conflict and standing up for the most vulnerable. We share a value system with many of our EU partners and, more globally, across the Commonwealth—values central to Commonwealth thinking. We will continue to raise these issues bilaterally and in international fora.

The noble Lord, Lord Collins, mentioned the role of various private institutions in Hong Kong, which continue to operate. The Foreign Secretary and the Prime Minister have been clear that companies must decide in which countries they will operate, but that, while that is a business decision for them, everyone should recognise that the situation prevailing in Hong Kong is a direct contravention of the joint agreement and of “one country, two systems”. As the noble Baroness, Lady Northover, reminded us, this agreement has been lodged with the United Nations. Therefore, we continue to implore China to uphold its obligations as a P5 member of the UN Security Council and as a wider player on important issues currently confronting the world—not only Covid-19 but also, as we work towards COP 26, China’s important role in ensuring that the world faces the challenges of climate change.

The noble Lord, Lord Collins, asked about the sharing of evidence and work around the Magnitsky sanctions. Again, I would cause speculation if I were to say specifically what the next designations will be, but before the Recess we shall have a debate about the sanctions that have already come forward.

The noble Lord, Lord Collins, asked about red lines. On the issue of the Uighurs and human rights across the world, the intention of the global human rights sanctions regime is to hold those who abuse human rights and commit gross human rights violations to account. However, I cannot speculate on the specifics of China at this juncture.

The noble Lord, Lord Collins, asked a specific question on the sharing of evidence. We work very closely with partners across many areas, including the United States among others. We share a common value system with countries in the European Union, with the United States and with many countries in the Commonwealth and beyond. Many countries look towards us for the initiation of what we have done and invoked through the global human rights sanctions regime. I know that other countries—I know of many in Europe—and the European Union itself are considering a similar specific global human rights sanctions regime.

The noble Baroness also rightly raised the important issue of the judiciary in Hong Kong. As I am sure she recognises and as all noble Lords have followed, what has happened as a material change in the announcement of the national security law is the passing of the appointment of judges from the Chief Justice to the Chief Executive. This is in direct violation of Section 3(3) of the joint declaration. We also saw a statement from the noble and learned Lord, Lord Reed, on 17 July. While it remains a question for the judiciary, I am sure that everyone will reflect very carefully on the important role that judges have played in Hong Kong under the existing joint declaration. We continue to implore the Chinese and the Hong Kong Special Administrative Region to continue to uphold the independence of the judiciary.

The noble Baroness also rightly asked about the pending elections. There is some suggestion and speculation that the Covid crisis might be a factor in consideration of whether these elections are held, but our position remains clear and consistent: we believe that the elections in Hong Kong should be open, fair and transparent. We will continue to raise these issues consistently with the Chinese authorities and the Hong Kong Administration.