Hong Kong: Sino-British Joint Declaration

Catherine West Excerpts

Wednesday 23rd March 2016 Westminster Hall

[Catherine West (Hornsey and Wood Green) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I extend my congratulations to the hon. Member for Gloucester (Richard Graham) on securing the debate. Indeed, I recognise his record of being critical of China as regards Hong Kong and his recent intervention in the House on the case of Mr Lee Po, shortly after his disappearance.

When we balance the relationship with China, our great partner, we must recognise the importance of putting on record what we hold dear about human rights, equality and freedom. That is not always easy, but it is important to uphold. I am sure that hon. Members recognise the continued importance of Hong Kong to the UK. Our shared history, the development of economic ties and the fact that more than 3 million British citizens are currently resident in Hong Kong mean that the UK will continue to have a very special relationship with this special administrative region. With more than 600 UK businesses registered there, an export market worth £8.6 billion and a UK investment stake of more than £33 billion, the signs are clear that trade is healthy.

I will focus on two specific areas, both relating to the key issue of stability. The one country, two systems framework is crucial in underpinning confidence in Hong Kong—in the place of Hong Kong, which we all love. We all want reassurance that there is a robust and structured judicial framework and that the rule of law is upheld. The hon. Member for Gloucester is right to describe the importance of the rule of law as defined by the independence of the judiciary. He is also right to praise China for its robust approach to addressing corruption in the wider piece—not just in Hong Kong but in the wider country—and the zealousness with which corruption is being addressed demonstrates that there is an ability to uphold the rule of law where necessary. The rule of law can therefore be upheld in Hong Kong; it just takes political will to make that happen.

The joint declaration is crucial in upholding understanding and confidence in Hong Kong. We all know that many perceive Hong Kong as the gateway to the broader Chinese market and to China culturally, and it is perceived as a place where corporate structures can grow within a familiar system. The dynamic in Hong Kong and the Legislative Council is changing, and we have heard from the hon. Member for Strangford (Jim Shannon) that there is a sense that whereas protest was peaceful several years ago, in the past few years it has started to become less peaceful. There is more use of police and certain tactics that are not welcome in controlling crowds, which is the sort of tone that needs to be underlined in this debate.

Equally, what we are seeing happen at constitutional level and in debates in the Legislative Council—the filibustering, the discussions, the lack of harmony—are all things that, in a sense, change the temperature in Hong Kong. They are the sorts of things that, as a partner of Hong Kong, we need to underline and draw to China’s attention. I would welcome the Minister’s assessment of the current situation in Hong Kong on constitutional reform, on the peacefulness or non-peacefulness of demonstrations and on how young people feel. The hon. Member for Gloucester was right to read out an email from a young person, and I have been approached both by British-born Chinese and by Hong Kong students who are studying here. They are concerned about their future in Hong Kong, and they want to enjoy in Hong Kong the kinds of freedoms that we enjoy here.

Upholding the one country, two systems principle goes beyond ensuring commercial interests. Members are right to mention the debate we had this morning, in which I talked about our triangle of aims in foreign affairs. The triangle has three parts: first, economy and trade; secondly, security—I am pleased that the hon. Gentleman has raised the South China sea issue, because we do not speak about that as much as perhaps our partners would like—and thirdly, human rights. We cannot just have to ourselves the freedoms and rights that we enjoy here; we must hold them up abroad, too.

Upholding the one country, two systems principle goes beyond just ensuring commercial interests; it is about that triangular approach. I think particularly of our great collaborations on the rule of law. We share best practice in our legal teams with Hong Kong, and so on. The hon. Gentleman mentioned IP, but there are a number of other areas where there is so much to be shared, enjoyed and built on, and I worry that the human rights side could be slightly staining what our other excellent endeavours might achieve. We must ensure that we bring human rights and cases such as that of Lee Po to the fore so that we can all move at the same pace on the three elements of my triangle.

[Richard Graham]

The hon. Lady is making a number of good points, as one would expect from someone who has been engaged on this issue for a long time. Does she agree that it is important that we offer constrictive criticism as friends in a partnership between two nations, and that we highlight what more China can do to win friends and, above all, trust as she goes increasingly global? The idea behind one country, two systems and the 50-year period of the joint declaration was that by the end of that period the systems in Hong Kong and China would be so similar that there would be no need for one country, two systems any longer. Does she think that things are heading in that direction at the moment and that the systems are getting more similar, or is there a risk, in the worst case scenario, of the two systems moving further apart?

--- Later in debate ---

[Catherine West]

Indeed, and that is where we need a balance. In China, they talk a lot about harmony and balance, and that is what we have to do. We must ensure that all our work streams come together at the same time. When we work on legal relations, technological advances, business and education—our wonderful collaboration between universities—we must not forget who we are. We are determined to promote human rights, equality and so on, and so we must bring all of those work streams together, including the important one that the hon. Gentleman mentioned—peace. We must maintain peaceful, open dialogue.

To digress slightly—I will be very brief, because I know the Minister wants to get away—[Interruption.] He is so busy. The tone in the all-party China group when Mr Liu was present recently was excellent. We had a very open discussion about best practice on anti-corruption and on a number of work streams to do with local business in various constituencies. We also had a robust discussion about a recent delegation to Hong Kong, and we raised our concerns about Mr Lee Po and other cases, and about the steel situation. I felt that it was a perfect meeting. Members of Parliament were able to discuss openly what we feel, and we had a wonderful conversation and dialogue. From my tiny knowledge of China—I lived there, but one never knows everything—I felt that we made progress in our dialogue. It is important to emphasise that.

In our meetings with China we must continue to be energetic in raising matters such as the cases of Mr Lee Po and Cheung Jiping and not shy from them. We must remember that Mr Po is a British citizen. Information and press freedom are crucial to democracies, so it is important that they are front and centre of our discussions. I will be grateful if the Minister can update Members on what further action he will take to investigate the nature of Mr Po’s recent public communication and whether it was genuine or made under duress.

We all want a stable Hong Kong. I remember stepping off an aeroplane there in 1974 and smelling the tropics and feeling the warmth. All of us who have been there, lived there and love that place want it to be stable. We want freedom, human rights, genuine democracy and all of those wonderful things to be kept going, and we want to maintain those international friendships. We do not want a closed Hong Kong whose young people are unhappy about their future. The joint declaration must be meaningful, and stability must allow economic life to flourish. We must also support freedom of expression, the rule of law and a peaceful future.

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I congratulate my hon. Friend the Member for Gloucester (Richard Graham) on securing the debate and pay, once again, tribute to his valuable work through his chairmanship of the all-party group on China, as well as to his deep personal interest in Hong Kong. I agree with his opening remarks in which he drew attention to all those who are following the debate outside this place. The rather thin attendance in no way reflects the level of continuing interest in Hong Kong, in the UK and in Parliament. It is purely the result of the timing of the debate being shifted, and of other competing demands on Members’ time.

To the shadow Minister, the hon. Member for Hornsey and Wood Green (Catherine West), I would say that this Minister is not at all in a hurry to get off. He is at the disposal of Members, although limited by time. I am anxious only to get on with the debate, to address some of the extremely important and interesting points raised by hon. Members this afternoon.

As the hon. Member for Strangford (Jim Shannon) reminded us, Hong Kong remains of great importance to the United Kingdom. There are more than 295,000 British citizens and 3.4 million British national overseas citizens living in the city. In 2015 approximately 530,000 visitors from the UK went to Hong Kong. Our bilateral trade continues to be one of the foundation stones of our partnership. UK investment in Hong Kong, conservatively valued at £33 billion, makes up about 35% of total British investment in Asia. I was slightly intrigued to hear the comparison that the hon. Member for Glasgow North (Patrick Grady) sought to make in a rather roundabout way between Scotland and Hong Kong and England and Hong Kong. I would just point out that I believe the Scottish Government would do well to study the free market approach of the special administrative region in running a very successful financial enterprise. I have no doubt that even the First Minister, in her visit to Hong Kong last year, might have noticed the difference in the comparative financial positions of Scotland and Hong Kong.

Hong Kong is the regional headquarters for 126 British companies and, incidentally, some of the leading ones have a distinguished and strong Scottish heritage. Some 630 British companies operate in the city, reflecting its pivotal role as an international gateway to mainland China and as a global financial centre. Hong Kong also, as has been pointed out, has a key role in our wider bilateral relationship with China, where we are supporting economic growth and the rule of law.

The Government’s relationship with the Hong Kong SAR Government is also strong. I most recently visited Hong Kong in July and discussed a full range of UK-Hong Kong bilateral issues with the Hong Kong Chief Executive CY Leung, the Financial Secretary John Tsang and the Secretary for Housing and Transport, Anthony Cheung. I also saw legislators and investors, and met Fred Lam, the new chief executive of the airport authority, to explore opportunities for British companies in the third runway expansion of Hong Kong international airport. In October we welcomed CY Leung to London for his first official visit as Chief Executive. Both I and the Foreign Secretary discussed with him the importance of Hong Kong’s high degree of autonomy, and of preserving the rights and freedoms enshrined in the Sino-British joint declaration.

The United Kingdom strongly believes that it is those rights and freedoms that underpin Hong Kong’s continuing success. The joint declaration agreed the peaceful return of Hong Kong to Chinese sovereignty under one country, two systems, and was one of the great successes of United Kingdom-China diplomacy. Some 31 years after its signature, our commitment to ensuring the faithful implementation of the joint declaration, and the protection of the rights and freedoms it guarantees, is as strong as ever.

It is in that context that the Government remain so concerned about the disappearance from Hong Kong of British citizen Lee Po and others associated with the Mighty Current publishing house. The Foreign Secretary made it clear on 11 February in his six-monthly report to the House that

“our current information indicates that Mr Lee was involuntarily removed to the mainland without any due process under Hong Kong SAR law.”

That constitutes a serious breach of the Sino-British joint declaration on Hong Kong. The United Kingdom and 11 other countries signed a US-led statement at the UN Human Rights Council on 10 March that made it clear that the disappearance of the Hong Kong booksellers was

“violation of the high degree of autonomy promised Hong Kong under its Basic Law”.

We have raised the case of Mr Lee with the Chinese and Hong Kong special administrative region Government at the highest level. I raised the case with the Chinese ambassador to the United Kingdom on 22 January, and I made clear the need for the Chinese authorities to return Mr Lee to Hong Kong immediately. The Foreign Secretary raised the case with Chinese Foreign Minister Wang Yi in Beijing on 5 January and in London on 4 February, and the Prime Minister raised the case with the Chinese ambassador on 8 February.

More recently, when the Chancellor of the Exchequer visited Beijing on 25 and 26 February, he raised the case with the chairman of China’s Politics and Law Commission, Meng Jianzhu. I understand that the delegation from the all-party group on China, led by my hon. Friend the Member for Altrincham and Sale West (Mr Brady), visited Hong Kong from 25 to 29 January and also raised the case with the Hong Kong special administrative region Government.

As we make clear in the six-monthly report,

“we have called, in our contacts with the Chinese government at the highest level, for Mr Lee's immediate return to Hong Kong. Moreover, we urge the Chinese and Hong Kong Special Administrative Region Governments to reassure the people of Hong Kong that law enforcement in the Hong Kong SAR is exclusively the responsibility of the Hong Kong authorities, and that the fundamental rights and freedoms of Hong Kong residents will continue to be fully protected, and respected by all, in accordance with the Joint Declaration and Basic Law.”

[Catherine West]

The debate has been focused on Hong Kong, but if Mr Po is now in China, will the Minister elucidate how the UK Government will use their influence when it is a question of mainland China rather than Hong Kong? There is perhaps more familiarity with how the judicial process works in the latter.

[Mr Swire]

We believe that if Mr Lee Po is to face any kind of trial, that should be in Hong Kong. That is agreed by the SAR as well. I shall continue, but the hon. Lady may want to come back to me if I do not fully answer her question. I raised Mr Lee Po’s case on 16 March at an “Advancing the Rule of Law in China” seminar organised by the Great Britain-China Centre, where I made it clear that

“the rule of law has been fundamental to Hong Kong's continued economic success”.

On the issue of citizenship, I stress that Mr Lee remains a British citizen with the right of abode in the United Kingdom. Despite the formal requests that we continue to make, we have not been granted consular access. Let me be clear that the Chinese and Hong Kong Governments have been left in no doubt as to the importance we attach to this case. We call again for the immediate return of Mr Lee to Hong Kong.

[Catherine West]

I just want to clarify what processes there might be to have Mr Lee returned to Hong Kong if he is not currently there. What influence might the UK Government bring to bear to achieve that outcome?

[Mr Swire]

I have rehearsed the high-level contacts and representations we have had with the Government in Beijing, not least those involving the Prime Minister, the ambassador and the Chancellor when he was in Beijing. We have raised the case at every level and will continue to do so until such a time as Mr Lee is returned to Hong Kong.

Several Members mentioned the South China sea. We support the Philippines’ right to peaceful arbitration. I stress that we take no view on the underlying sovereignty issues, although we do believe in a rules-based international system and the freedom and movement, and we do expect all others to abide by whatever ruling comes out of UNCLOSS through the International Tribunal for the Law of the Sea settlement. We are concerned about the risk that some of the large-scale land reclamation in the South China sea could pose to maritime freedom of navigation and to the area’s stability.

The six-monthly report makes it clear that, while the implementation of one country, two systems has served Hong Kong well in the vast majority of cases, there are specific grounds for serious concern in some other areas, such as academic freedom and the freedom of the press. As the six-monthly report states,

“it is essential for continued confidence in ‘One Country, Two Systems’ both in Hong Kong and internationally, that Hong Kong continues to enjoy, and is seen to enjoy, the high degree of autonomy and the rights and freedoms enshrined in the Basic Law and guaranteed in international law by the Joint Declaration.”

I was asked specifically by my hon. Friend the Member for Gloucester about the comments that Zhang Xiaoming, the head of the Central Government Liaison Office, made in a speech. I welcome the comment by Chief Justice Geoffrey Ma, whom I have met, on judicial independence. He reiterated article 25 of the Basic Law, which states:

“All Hong Kong residents shall be equal before the law.”

At the recent National People’s Congress annual session in Beijing, the Chinese Government reiterated their commitment to one country, two systems, and I welcome that.

Continuing the theme, my hon. Friend also raised the issue of an independent judiciary. Our assessment is that, while there have been specific challenges, on the whole the rule of law continues to function and the judiciary continues to be independent. We are confident in Hong Kong’s legal and judicial system, which has been and will remain an essential foundation for Hong Kong’s success.

The shadow Minister, the hon. Member for Hornsey and Wood Green properly raised the issue of constitutional reforms, which we were all involved in, one way or another, in the past year or so. I remind the House that in the last Westminster Hall debate on Hong Kong, which was in October 2014, we discussed that very issue. It remains a crucial issue, both to meet the aspirations of the people of Hong Kong and to ensure effective governance. As the six-monthly report makes clear:

“The UK Government judges that constitutional reform will help, not hinder, the Hong Kong SAR Government to deliver. A more democratic and accountable system of government would help strengthen those rights and freedoms which have come under increasing pressure over the past two years…We encourage all parties to play their part in rebuilding constructive dialogue to pave the way for the resumption of the process at the earliest opportunity.”