Hong Kong National Security Law Anniversary

Damian Green Excerpts

Wednesday 28th June 2023 Westminster Hall

[Damian Green (Ashford) (Con)]

It is a pleasure to serve under your chairmanship, Sir George. I congratulate my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) not just on securing a debate on this grim but important anniversary, but on his powerful and compelling speech. He made the case that we in this country, and specifically the Government, should do more than has been done in the past few years to push back against what the Chinese Government are doing, both in Hong Kong under the guise of their national security law and around the world, not least in this country.

I should say that the Government have done some good things: I congratulate them on introducing the BNO visa route for Hong Kong citizens, which was unquestionably a positive development. It provides the opportunity for BNO status holders and their families to live, work and study here in the UK. The figures speak for themselves: we have had more than 160,000 applications since the status was first introduced two and a half years ago. I am afraid that figure shows how essential it was for those who no longer feel that their way of life is safe in Hong Kong.

I am particularly grateful that the scheme was further opened to younger Hong Kong people following a campaign that I worked on with others who are present in the Chamber. As my right hon. Friend said, those born after 1997 are in many ways the most vulnerable to the Chinese Government’s crackdown in Hong Kong, but until the Government agreed to change the law they were ineligible under the original scheme. Those are both positive steps. I do not want to be unremittingly negative, but I must point out that the BNO scheme is no substitute for holding Beijing to account across the board. The Government’s routine answer to questions about Hong Kong is that they will not shirk their responsibilities to Hong Kong people and their commitments under the Sino-British joint declaration, but the supporting evidence that they always bring out is the BNO scheme, and so far nothing else.

We need to be clear that allowing Hongkongers to come to the UK does not hold Beijing to account for breaking international agreements with the UK. I would be grateful if my hon. Friend the Minister said what concrete action has been taken to hold the Chinese Government to account for what the UK Government call an “ongoing breach” of the Sino-British joint declaration, which is supposed to remain in force for another 24 years. Have they, for example, registered any formal objection to joint declaration breaches, as is provided under the Vienna convention on the law of treaties?

I am something of a heretic in that I wince slightly when the House of Commons demands that the British Government and Foreign Office Ministers take a stand and do something about practically every crisis that emerges around the world, for many of which the British Government have no locus to intervene, but in this case we absolutely do. We signed this treaty, so this is genuinely a British Government issue, and not just some kind of emotional attachment to democracy around the world, which we all have. The phrase the Government like to use is “robust pragmatism”. If that means anything, it must mean ensuring that those who break binding international agreements with us are not simply permitted to get away with it.

We have had some discussion already about Hongkongers in the UK. It is worth pointing out that this is the largest peacetime migration to the UK from outside Europe in history. The Uganda lifeboat scheme set up to assist those fleeing Idi Amin reached around 28,000 people. The Hong Kong scheme is already at 160,000. The Ugandan scheme came with a well-crafted integration plan. As recent conflicts between Hongkongers and the mainland Chinese authorities in this country have shown, such as the shocking attack on University of Southampton students earlier this month, full integration of Hong Kong people is not without difficulty.

Can the Minister tell us what efforts are being made to ensure that Hong Kong people feel safe in this country? How do the Government plan to address the issue of Chinese state-sponsored intimidation such as that mentioned earlier, perpetrated by the Chinese consul general in Manchester, on our soil? I am sure the Minister agrees with me that Hong Kong people are entitled to the same rights as the rest of us in the UK and must not feel as if their right to assembly and protest is somehow curtailed due to the Chinese Government’s intimidation techniques and transnational repression.

We must remain vigilant and responsive to the evolving needs of this growing constituency of fellow residents of this country. I hope the Government will continue to engage with BNO holders, the relevant organisation and the experts to develop policies that address their broader challenges, beyond visa provisions. We owe it to these brave individuals to provide them with the necessary support and opportunities to thrive in the UK.

We have had much discussion of the Jimmy Lai case and I know that many Hongkongers, in the wake of that case, feel unsafe when travelling. They fear that the UK, frankly, will not defend them if Beijing attempts to apprehend them in China, Hong Kong or even a third country from which they may be extradited. Again, can the Minister set out the Government’s policy regarding Hong Kong BNO holders when they travel outside this country?

It is also worth the Government considering a discrepancy in our approach to these people. It is not well known that Commonwealth citizens who do not require leave to remain in the UK are eligible to stand for Parliament. In correspondence with Luke de Pulford of the Inter-Parliamentary Alliance on China last year, the former Home Secretary, my right hon. Friend the Member for Witham (Dame Priti Patel) confirmed that that did not extend to Hong Kong people due to a now obsolete rule associated with an annex to the joint declaration. That is in spite of Hong Kong people having been in the same category as those from Commonwealth countries previously for the purposes of immigration law. Many of the 160,000 people are already engaged with political parties in the UK and it feels wrong that they will be excluded from representative politics for another five years. I hope the Minister will agree to look at that.

One last individual case that the Government should consider is that of Andy Li, one of 12 Hongkongers who tried to flee Hong Kong in a boat in August 2020. All were apprehended and taken to Shenzhen prison. We do not know what happened there, but it was sufficiently awful to have persuaded Andy to testify against Jimmy Lai, a man he has never met. Andy has now been transferred to Hong Kong, where he was convicted for collusion with foreign forces. However, he has still not been sentenced, and it seems that the authorities will not do so until he has testified at Jimmy Lai’s trial, underlining the depths to which a once proud legal system has now sunk. Andy Li is a courageous, non-violent Hongkonger whose only crime was to work to defend the promises set out in the joint declaration and Basic Law. He is now in prison precisely because we failed to keep the Chinese Government to their promises.

Some of those sanctioned by the Chinese Government, including my hon. Friend the Member for Isle of Wight (Bob Seely) and Lord Alton of Liverpool, were mentioned in Andy Li’s case file as an example of the foreign forces with which he is supposed to have colluded. It was on that basis that all those figures were warned by the Foreign Office of extradition to China as they are likely seen as criminal under the national security law, which claims universal jurisdiction even over foreign nationals. Again, I hope the Minister will agree with me that this House and the Government cannot stand by while people are imprisoned because of entirely legitimate work with Members of this place and will agree to redouble their efforts to see Andy Li freed.

I appreciate the difficulties that Ministers face in maintaining a position of robust pragmatism, but it is incumbent on them to defend the rule of law and international treaties, and they need to defend that position consistently and over a long period. That would be in the best traditions of the British Government and the British people. We owe it to Hongkongers to maintain the “robust” part of “robust pragmatism” for as long as it takes.