Hong Kong: Pro-Democracy Activists

Debate between Geoffrey Clifton-Brown and Mark Field

Wednesday 10th April 2019 Commons Chamber

[Mark Field]

I thank the right hon. Gentleman for his considered comments, and I fully accept and agree with the concerns he has raised. We take very seriously our responsibilities under one country, two systems, and we have expressed concerns in consecutive six-monthly reports that there has been a tightening of individual rights. We also feel that commerce and the independence of the judicial system have remained true to one country, two systems.

It is in China’s interest that Hong Kong continues to succeed under the framework. The joint declaration must remain as valid today as it was when it was signed three and a half decades ago. It is a legally binding treaty that is registered with the United Nations. I have raised this, and will continue to raise it, with my Chinese counterparts. Some criticism has been addressed to the FCO in relation to the idea of having a six-monthly report, which we feel is a particularly important foundation for ongoing confidence within Hong Kong that we take very seriously the responsibilities to which we have signed up.

The right hon. Gentleman raised the change to the extradition laws. We are aware that the Hong Kong Government have proposed changes to legislation. We are seriously considering the potential implications of those changes, including how the proposals might affect UK citizens and, indeed, our current extradition arrangements with Hong Kong.

The British consul general to Hong Kong, the very talented Andy Heyn, has spoken to senior figures in Hong Kong’s Administration to seek clarity on what the proposals will mean for UK citizens, for our law enforcement co-operation and for the current extradition arraignments. He has raised the potential impact of the proposals on business confidence in Hong Kong and has explained our concern that, given the sensitivity of the issues raised by these extradition proposals, considerably more time should be given for a full and wide consultation with interested parties before the Hong Kong authorities seek to put it into law.

[Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)]

In his excellent statement, my right hon. Friend emphasised the importance of the independence of the judiciary in Hong Kong, with judges of the calibre of Baroness Hale and Lord Hoffmann. If the Chinese Government really wish it to be believed that they are upholding the highest standards of human rights, is it not essential that the court is allowed to do its duty with full independence?

[Mark Field]

I thank my hon. Friend, who has worked hard on these matters, which he takes seriously. Indeed, he headed a delegation when I first went to mainland China some 15 years ago, and I am well aware that he keeps an eagle eye on what is happening, particularly in Hong Kong.

My hon. Friend is absolutely right. When I was most recently in Hong Kong, I had a chance to speak to senior legal figures, and they do feel that the judicial system and its independence are being upheld but, clearly, the sense in which other rights are being questioned and eroded by the Chinese authorities raises some concerns in that regard. Hitherto, we have been confident that cases coming before the Hong Kong judiciary have been dealt with in a fair way and without political interference.

Catalan Independence Referendum

Debate between Geoffrey Clifton-Brown and Mark Field

Tuesday 10th October 2017 Westminster Hall

[Mark Field]

I have a set text and am aware of the potential for running out of time, but if I can come back to the hon. Gentleman I will do so.

The Catalan regional Government are meeting today and, as has been pointed out, the possibility of some unilateral declaration of independence hangs in the air, despite the low turnout in last week’s vote and recent broader polling—if one believes opinion polling in politics these days—to suggest that a majority of Catalans would oppose independence. The decisions that the Catalan regional authorities take today and their consequences will affect the wellbeing and prosperity of not only all the people they represent, but all those throughout Spain. I hope, therefore, that they will consider very carefully the decisions that they take tonight, and the implications for the future.

As the hon. Member for Arfon rightly pointed out, the debate was initially to be about the effect of the Catalonia referendum on the EU, but events have moved on. President Juncker, in common with many European partners, shares the analysis that Catalonia is an internal matter for Spain. He has made clear the EU’s legal position that Catalonia would have to leave the EU if it became legally independent, which would have consequences for the people of the region, including visitors and businesses, some of whom are already considering their future, given the actions of the Catalan regional Government over the past couple of weeks.

Legal independence, however, is a hypothetical scenario not related to recent events, but where the hon. Gentleman is right—he recognises this—the sensitivities around the issue are profound in many European states, not only here in the UK but throughout Europe. That is one of the many reasons why it is probably sensible to look at the Swiss playing a mediating role, given the temptation for a number of separatist groups to draw a direct parallel with the situation in Catalonia that may not necessarily exist for their own part of Europe.

[Geoffrey Clifton-Brown]

I know the Minister is running out of time, but may I caution him and anyone else about Swiss mediation, because we would not want them to mediate in the matter of Gibraltar?

[Mark Field]

That would obviously be an approved mediation in so far as both sides were keen and accepted that that should happen. Otherwise, as I said, it is an internal matter.

We should be clear that the purported referendum held on 1 October was illegal. On 7 September, almost a month before the vote took place, the Spanish constitutional court suspended the legislation calling for a referendum, making it clear that such an act would be illegal. None of the Opposition parties in the Catalan Parliament, which represent 51% of the Catalan electorate, considers that referendum to be valid. The vote was knowingly held in breach of the Spanish constitution and was therefore an attempt to undermine the rule of law. Not only that, it was a breach of the law of Catalonia itself, which is something that has been largely overlooked, but its importance must not be understated. The reason that that must not be understated is that the rule of law is the essential foundation of any democratic society. The issue is not hypothetical but of tremendous importance to the EU and to us all.