Human Rights in Hong Kong

Catherine West Excerpts

Tuesday 23rd January 2024 Westminster Hall

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

It is a pleasure to serve under your chairmanship in this important debate, Mr Twigg. I congratulate the hon. Member for East Worthing and Shoreham (Tim Loughton) not just on his work on Hong Kong but on his important work as chair of the all-party parliamentary group on Tibet and for highlighting the issues of freedom of religion or belief there. I must also reference my position as a founding member and ongoing patron of Hong Kong Watch and pay tribute, as many others have today, to the important work of Benedict Rogers and the team.

As I have said each time we have debated this subject in the House, the situation in Hong Kong is far removed from the liberties promised to the people of Hong Kong in the legally binding Sino-British agreement on the return of Chinese sovereignty in 1997. Back then, China was emerging as a global economic power with dreams of a more hopeful century ahead, and the enshrined rights and liberties that Hong Kong was to enjoy for a full 50 years were the bedrock upon which the territory’s success would be built. Many Hongkongers understood, with the handing back of Hong Kong, that these vital freedoms they had under British rule would continue. A vibrant free press, the right of assembly and the promise of a more democratic electoral system were all in the minds of Hongkongers as the safeguard through which they could continue living their lives much as they had before. Sadly, as hon. Members have said today, that is no longer the case. It is sobering to hear that Hong Kong, like Myanmar, has dropped down Freedom House’s list of countries in relation to freedoms across the board.

I will dig into some of those matters. The Minister has received a letter from a number of Members of Parliament. What assessment has the FCDO made of the bounty on the heads of, and the threats made against, people just carrying out their conscience here in the UK and asking questions about human rights? I have written to the Minister on that question, as have many in the House, and I look forward to her reply, both verbally and in writing when her officials have time to pull up that draft. It is important we follow each and every one of the developments on the crucial question of freedoms for Hongkongers.

The Foreign Office ought to be doing important work with the Home Office. We were all extremely concerned when we saw the attack outside the consulate in Manchester in the autumn of 2022. Following that, allegations were made against dissidents here in the UK, and now allies of Hongkongers are being attacked. What assessment has the Minister made, together with the Security Minister at the Home Office, of the important work that Whitehall should be doing across Departments?

I thank the Minister and her officials for the reply to my recent written question about BNO passport holders being denied mandatory provident funds—in effect, a pension. I am grateful to her for confirming that the matter has previously been raised with Chinese and Hong Kong officials, but has she raised it since May 2023? That is the most recent date on which she raised it, and it is quite a long time ago. Is she continuing to raise it and being relentless? This is a very long-term relationship and it is important that we do not give up.

There also remains a key need for the UK to engage with partners on the global stage to provide sanctuary for Hongkongers. Will the Minister outline what specific discussions she has had on Hong Kong with her US, Canadian, Australian, New Zealand and European counterparts? For those who remain in Hong Kong and for the city itself, there is more that we can do.

The case of Jimmy Lai and the questions around freedom of expression have been given a thorough going-over by the first speaker, the hon. Member for East Worthing and Shoreham, and it was mentioned by all others. I was very pleased that, in today’s statement from Geneva, the key official mentioned Jimmy Lai, this time in dispatches, which I am very pleased about. Even Lord Cameron has mentioned this important case. This is a key moment because the case is before the courts. Could the Minister tell me whether the Prime Minister will now raise it? It is a matter of sending this up the hierarchical tree and, now that we seem to have won the argument with the Foreign Office and the new Foreign Secretary, it would be good if we could get the Prime Minister to mention it as part of his important foreign policy work. It was great to hear my hon. Friend the Member for Lewisham East (Janet Daby) raising the case of Jimmy Lai because it would really help if many Members met his son Sebastien and continue to raise the case.

I will now conclude my remarks and give the Minister time to wind up. I want to ask the Minister for her views on some of the points raised in this debate. What assessment has the Foreign Office made of restrictions on trade union membership, including the teachers’ union? What assessment has the Foreign Office made of the particular impact on women and girls? Of the 17,000 political prisoners—a frightening number—how many are women? What issues does the Minister believe we need to be aware of in relation to those political prisoners? Finally, what is her assessment of the periodic review of human rights in relation to China, which is ongoing in Geneva right now? Does she believe that it has been a very good conversation at the UN today, and what actions will come out of the periodic review?

[Derek Twigg (in the Chair)]

We are tight on time, but it would be helpful if the Minister could leave a minute or so at the end for Mr Loughton to wind up. [Interruption.] He says he is happy not to wind up, so you have a free rein, Minister.

--- Later in debate ---

[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.