British and Overseas Judges: Hong Kong

Catherine West Excerpts

Wednesday 30th March 2022 Westminster Hall

[Sir Iain Duncan Smith]

I am grateful for that intervention, because I had a meeting with the Bar Council about this issue. To be fair, its members understood the dilemma that they had. Bear in mind that Essex Court Chambers have been sanctioned by the Chinese Government, as have I and others present. I do not understand how it is viable any longer for those at the Bar to argue that they are not somehow changing, influencing or moderating what may be going on in Hong Kong.

I have in front of me the statement from the Lord President. I will not read it out, as that is for others to do. Now that he has made that statement—he was one of those who actually did service in Hong Kong, so it is an extra-powerful statement on that point—I would call on the Bar Council, barristers and other lawyers who work in corporate law, and who now have all their offices in Hong Kong, to very carefully think about their position. If the judiciary are moving, and if the Bar does too, what price their ability to lend legitimacy to an area that is essentially no longer operating seriously under common law?

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

That is a finely tuned decision on the Government’s part. Labour’s position has been clear for more than a year, since my predecessor, my hon. Friend the Member for Aberavon (Stephen Kinnock), made it clear that British judges were giving a sheen of legitimacy to what was going on in Hong Kong. I am an original member of Hong Kong Watch—like many other right hon. and hon. Members in this Chamber—and we have been worried for a number of years.

Despite being the shadow Minister, I do not intend to gloat over a U-turn or the Government caving in, but to put across a hint of sadness, because there is a sense that the withdrawal closes the door on a very civilised legal system that we consider to be the best in the world—it is shared by Australia, Canada and other places. It is sad to close the door on that level of standards and trust, and that will have a knock-on effect on the business community.

On balance, in the light of the Ukraine invasion in the last month, the judgment call is that this is no time to abstain, turn the other cheek or be neutral on things. We have to force partners and friends across the globe to make decisions. That may help to inch China towards making decisions on how it relates to Russia, and partners in the Indo-Pacific on how they approach this difficult time. The violence on our screens means that we cannot but make a decision; we cannot sit on the fence in these crucial days.

[Sir Iain Duncan Smith]

The hon. Lady is quite right. As I said earlier, the shockwaves from what is going on in Ukraine will wash around the world. Most of all, the important thing that that teaches us—and why I am doubly pleased that the Foreign Secretary has made the statement today—is that democracy, human rights and the rule of law are delicate. They do not exist by right; they exist only by human endeavour.

Underpinning those freedoms is our concept of independent judicial oversight. We may argue with judges, and we may get angry with them here in Parliament, but an independent judiciary is required to oversee the very workings of a democracy, as well as its freedoms, which will sometimes be taken away from people. That is why it is so important today that we send out the signal that when a Government dismisses those freedoms and natural rights, what is left is oppression and brutality. I believe that our judiciary has finally recognised that operating in isolation from the terrible new laws bearing down on people’s human rights in such countries is not feasible.

I had prepared a speech calling on the Government to do exactly what they did just before I began speaking. As a politician, that would not normally stop me making the speech for the sake of it, but I will restrain myself.

--- Later in debate ---

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

It is a pleasure to serve under your chairmanship, Ms Rees. Like other hon. Members, I will not speak for long. It is a pleasure for us all to enjoy the U-turn made 15 minutes before the start of the debate, which was inspired by the former Leader of the Opposition, the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith); he must feel that he is getting so much done these days.

I want to mention briefly the excellent speeches that have been made. My hon. Friend the Member for Hammersmith (Andy Slaughter) thanked the judiciary for their continuing commitment to safeguarding the rule of law. We thank the members of the judiciary who have signalled that they will no longer serve in Hong Kong, and thank them for their role to date. My hon. Friend the Member for Manchester, Gorton (Afzal Khan) asked the Minister about further sanctions; I wonder whether she will comment.

My hon. Friend the Member for Mitcham and Morden (Siobhain McDonagh) spoke of how the freedom of the press has been compromised. I am very aware of that, having held this brief from 2015 to 2017 and again since December 2021. It has been clear for some time that the situation has significantly deteriorated. Those of us who were involved from the beginning with Hong Kong Watch thought we were a very small group, and that there was a minor problem. Sadly, the situation has become worse and worse.

The heavy-handed crackdown on democracy and civil liberties continues apace, with the shattering of independent media outlets, the suppression of trade unions and the continued arrest of democracy activists. In a recent meeting with trade union members from Hong Kong in the House of Commons, no photographs were taken because it simply was not safe enough for them to meet an Opposition Member here in the British Parliament and talk about workers’ rights in Hong Kong. That speaks volumes.

It has been a positive debate. It would be great to be able to run the Government like this—by consensus—would it not? I look forward to hearing the Minister cover the remaining loose ends that have come up during the debate, and to continuing our combined commitment to human rights and the rule of law going forward.

--- Later in debate ---

[Vicky Ford]

I thank my right hon. Friend for that intervention. I will certainly take that away. I noted his point regarding the Health and Care Bill, and I know that no one in this House supports the use of forced labour, particularly in creating goods for the NHS. We are fully committed to ensuring that that does not happen and will set out this afternoon further measures that we are intending to take on that issue.

[Catherine West]

I thank the Minister for her constructive tone. Would she respond specifically to my hon. Friend the Member for Manchester, Gorton (Afzal Khan) on his question about Carrie Lam and Hong Kong officials?

[Vicky Ford]

I thank the hon. Member for Manchester, Gorton for his intervention on the issue of Carrie Lam and Hong Kong officials, but I cannot make any statement on that at this point.

More broadly, I return to the actions that China is taking at this incredibly important time for sovereignty and democracy across the world. My right hon. Friend the Member for Chingford and Woodford Green reminded us of the situation in Ukraine and the fact that 24 February was a turning point for the world—for those who believe in standing up for democracy and freedom. We in the UK will continue to support the Ukrainian Government in the face of this terrible assault on Ukraine’s sovereignty and territorial integrity, and we will continue to stand with members of the international community against aggression and for freedom, democracy and sovereignty.

The world is watching China’s words and actions very closely. We have urged China to use its relationship with Russia to press for an end to this terrible war and to prevent further humanitarian crises, rather than condoning or excusing Russia’s actions. We are therefore extremely disappointed that China was the only country on the UN Security Council to support Russia’s humanitarian resolution.

The UK condemns any military support to Russia, and expects China to stand up for Ukraine’s sovereignty and territorial integrity, and to uphold its commitment to the UN charter. The world is watching to see whether China’s actions contribute to peace and stability, or whether it instead chooses to fuel Russian aggression and prolong this ruinous invasion, with all its civilian costs.

To conclude, the UK has very deep and long-standing ties with Hong Kong, and we want it to succeed and prosper. However, Hong Kong’s way of life relies on respect for fundamental rights and freedoms, and the rule of law. We are fully committed to supporting liberty and democracy, and to defending universal human rights; and we will continue to hold China to the commitments that it willingly undertook, and to stand up for the people of Hong Kong.