Human Rights in Hong Kong

Derek Twigg Excerpts

Tuesday 23rd January 2024 Westminster Hall

[Several hon. Members rose—]

[Derek Twigg (in the Chair)]

Order. If Members keep their speeches to around seven and a half or eight minutes we will get everybody in.

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[Paul Scully (Sutton and Cheam) (Con)]

I will be brief. I congratulate my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), not only on securing this debate, but on his powerful and excellent speech, which brought home everything that needs to be said about this issue. I will not repeat it.

My hon. Friend mentioned that 182,000 or so Hongkongers have come to the UK under the BNO visa. Over the last few years, some 4,000 have come to Sutton, because it is a borough open to communities fleeing either democracy-related oppression or conflict. For example, some 25 or 30 years ago, Tamils made their home in south-west London because of the civil war in Sri Lanka. These people came to Sutton because of the schools and because it is a great place to bring up families—being half Burmese, I always talk about the Asian equation: good family networks, great education and hard work bring the best chance of prosperity—but also because there is a sense of community.

I pay tribute to Richard Choi, who drove a lot of that movement. He surveyed many Hongkongers deciding to go to London and asked them about what they wanted, where they were going to settle, and what kind of housing, schools and businesses they wanted. I have been watching Sutton Bei Bei on YouTube, an influencer who talks about the wi-fi speeds in Sutton flats, parks, and those kinds of things. They buy their food from SMart Oriental, a supermarket at the top of the high street, and eat at a business run by a new Hongkonger at the bottom of the high street. However, it is not about all those fantastic things. It is about the contrast between what they find in the UK and what they have just left in Hong Kong.

On 5 August 2023, the Hongkongers got together in Sutton library for a children’s workshop named after “Sheep Village”, a series of books. The five authors of those books were jailed in 2022 for 19 months each. They were really worried at the time, because of social media posts by former Hong Kong chief executive Leung Chun-ying, who was making pointed comments from the other side of the world. We did not take photos, out of respect for their safety, but the fact that that event was allowed to go ahead quite happily that day for those children and their families; the fact that I could speak to the Minister, to the then Foreign Secretary, my right hon. Friend the Member for Braintree (James Cleverly), and to the Minister for Security; and the fact that the Hongkongers could speak to their democratic representatives—all these things were very important. I brought some of the Hongkongers here for a tour, and as we got close to the doors of the Public Gallery, which were open to the Chamber, one of the more elderly members of the group was in tears because the fact that he was so close to the Dispatch Box watching the proceedings of this open democracy, had had a tour from his Member of Parliament and could have an open exchange with him was in such contrast to what he had seen his homeland descend into.

It is really important that we continue to speak about this. This year is the 40th anniversary of the signing of the Sino-British declaration. That is a lifetime ago for some people, although not for me. It came into effect in 1997, so there are still 33 years to go, but it is clear that it is just not lasting the distance, following the adoption of the national security law in June 2020 by the Standing Committee of the National People’s Congress in Beijing. The declaration made it clear that the Hongkongers’ high degree of autonomy, rights and freedoms at that time would remain unchanged for 50 years, but that has just not happened. The national security law been used as a tool to curtail freedoms and punish dissent rather than to keep public order, as is its stated intention. That means that, for all the stories we have heard—the alternative voices, whether they are in the media, like Jimmy Lai, or the Hong Kong 47—all the sham trials are curtailing democracy and silencing voices. We have heard about the economic, social and population impact on Hong Kong. What is left is basically conformity, and I suppose, in post-cultural revolution China, conformity is effectively all they have.

I am glad that the trial of Jimmy Lai has rightly caught the attention of special rapporteurs of the special procedures of the UN Human Rights Council, the largest body of independent experts in the UN human rights system, because it is important that we mobilise the international community. My hon. Friend the Member for East Worthing and Shoreham is absolutely right that it is really important that we lead on this, as the UK Government and UK parliamentarians with a special responsibility and duty of care, given our past relationship with Hong Kong.

I want to pay tribute to someone who is leading on this. We have mentioned several advocates, but I make special mention of Hong Kong Watch and of Benedict Rogers in particular. It was no surprise to me when Benedict Rogers co-founded Hong Kong Watch. We have known each other a long time. I travelled to Burma with him—as I said, I am half-Burmese—and having seen the work he did there, I am not surprised that he has brought the same zeal, dedication and moral outrage to the crusade and campaign on Hong Kong. I absolutely condemn what he has had to suffer, with the attempt to traduce his reputation here in the UK. Whether it is harassing his neighbours and his family or targeting him at a previous Conservative party conference, as we have heard, such things should not be happening on UK streets in this country. We absolutely have to act.

The Minister will rightly say what the Government have done about Hong Kong. Members have asked, as I will, about what the Government should be doing. The fact that the Government extended the UK’s arms embargo on mainland China to Hong Kong soon after the imposition of the national security law, that they suspended the UK’s extradition treaty with Hong Kong, that they introduced a new immigration path for BNO passport holders to make the UK, including Sutton, their home, and that the Foreign Secretary brought in the Chinese ambassador in the formal diplomatic démarche on 13 July are all to be welcomed. But we will always take a slightly different approach from the US, because we have a different relationship with China in relation to trade. Our soft-diplomacy approach to China is important, but we have heard why we must act now and look at sanctions. I also make a plea for us to call out the mandatory provident fund issue, because the Hongkongers who have settled here need to be able to settle themselves economically as well.

[Derek Twigg (in the Chair)]

I intend to call the Front-Bench spokespeople just before 25 minutes to 4. I call Fiona Bruce.

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[Fiona Bruce]

It is indeed, and if time permits I will go into more detail on that point.

I join others in paying tribute to Ben Rogers, who ably researched and drafted the “Sell Out My Soul” report. In a sense, it is inevitable that freedom or religion or belief in Hong Kong has been undermined, for two reasons. First, when freedom itself is dismantled, sooner or later religious freedom is impacted. All the basic rights set out in the universal declaration of human rights are interlinked and interdependent. We cannot have freedom of religion or belief without the freedoms of expression, association and assembly, and elsewhere I have argued that FORB is fundamental to all those freedoms. Secondly, like any autocratic regime, the CCP has always been inherently hostile to religion and has sought over the years to eradicate, suppress, control or co-opt religion, so it was inevitable that, as it exerted greater direct control over Hong Kong, undermining the high degree of autonomy set out in the one country, two systems principle, freedom of religion or belief would come under increasing pressure.

The campaign against religious freedom in Hong Kong is one of slow, subtle suffocation rather than sudden, dramatic crackdown. However, although the threats may be subtle, for those who have eyes to see, they are clear. Yes, people can still go to places of worship and access religious literature, but since the introduction of the draconian national security law in July 2020 and the climate of fear surrounding it, with almost all of Hong Kong’s other basic civil liberties—freedom of expression, association, assembly and so on—having been dismantled, inevitably there is a knock-on impact on religious freedom. It has created a chill factor, leading believers to keep quiet about their faith in public, and religious leaders themselves to make compromises, including widespread self-censorship by clergy in their sermons.

I will give some examples. In August 2020, Cardinal John Tong, apostolic administrator of the Hong Kong Catholic diocese at the time, instructed all Catholic priests to “watch your language” when preaching and to avoid “political” issues. A Protestant pastor, who has now left Hong Kong, claims that his church has removed all his sermons from the past 30 years from its website. Many churches no longer share sermons online. At least three prominent pastors have been arrested in Hong Kong. The most well-known case was the arrest of Hong Kong’s 91-year-old bishop emeritus, Cardinal Joseph Zen, in May 2022. Then there was Pastor Garry Pang, convicted of sedition and sentenced to a year in jail, and Pastor Alan Keung Ka-wai, arrested in January last year for producing and selling a book that was allegedly seditious. Arguably, all those cases relate to political rather than religious activities, but those individuals were acting according to their consciences, informed and inspired by their faith.

We see religious freedom threatened in other ways. Charity laws have been tightened. The US State Department’s 2022 report on international religious freedom noted:

“Religious groups may register as a society, a tax-exempt organization, or both”.

However, with reference to organisations seeking tax exemption, it added:

“Government tax regulations provide that any group, including religious groups, involved in activities deemed to endanger national security would not be recognized as a charitable organization.”

The message is clear.

An issue of even more concern is how church-run schools in the education sector are a particular target for the Chinese Communist party’s stealthy undermining of religious freedom. As one religious scholar observed:

“The CCP knows very well that in order to control a state, the first step is to control the mind[s] of young children.”

In Hong Kong, only a small percentage of Government-funded schools are actually Government run. As we have heard, the majority—at least 60%—are run by religious groups. Under the Basic Law, those schools must adhere to a curriculum that ensures that the CCP’s ideological narratives feature prominently. The crackdown on freedom of expression resulting from the national security law began to impact Hong Kong’s church-run schools almost immediately. In August 2020, the Hong Kong Catholic diocese issued a letter to the principals of all Catholic primary and secondary schools, urging them to enhance students’ awareness of the new national security legislation and the national anthem law, and cultivate “correct values” on national identity.

[Derek Twigg (in the Chair)]

Front Benchers will have roughly eight minutes each. I call the SNP spokesperson.

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[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.

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[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.

[Derek Twigg (in the Chair)]

Mr Loughton, you do have some time, if you want to wind up.