Trial of Jimmy Lai

Debate between Iain Duncan Smith and Anne-Marie Trevelyan

Monday 18th December 2023 Commons Chamber

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

(Urgent Question): To ask the Secretary of State for Foreign, Commonwealth and Development Affairs what steps he is taking to support Jimmy Lai during his trial and if he will call for his immediate and unconditional release.

[The Minister of State, Foreign, Commonwealth and Development Office (Anne-Marie Trevelyan)]

The Foreign Secretary has called on the Hong Kong authorities to end their prosecution of Jimmy Lai and release him. He also urged the Chinese authorities to repeal the national security law and end the prosecution of all individuals charged under it. The Foreign Secretary and I welcomed the opportunity to meet Mr Lai’s son, Sebastien, again last week and to listen to his concerns as the trial approached.

As the Foreign Secretary has made clear, Mr Lai’s prosecution is politically motivated. He has faced multiple charges to discredit and silence him. As an outspoken journalist and publisher, he has been targeted in a clear attempt to stop the peaceful exercise of his rights to freedom of expression and association. The Foreign Secretary raised Mr Lai’s prosecution with Foreign Minister Wang Yi on 5 December, as his predecessor did in Beijing on 30 August. We will continue to press for Mr Lai’s release with the Hong Kong and Chinese authorities.

Diplomats from our consulate general attended court today as a visible sign of the UK’s support, and they will continue to do so. We will continue to press for consular access to Mr Lai, which the Hong Kong prison authorities have repeatedly refused. China considers anyone of Chinese heritage born in China to be a Chinese national. It does not recognise other nationalities and therefore considers Mr Lai to be exclusively Chinese.

More broadly, we have made it clear that the national security law has damaged Hong Kong and its way of life. Rights and freedoms have been significantly eroded and arrests under the law have silenced opposition voices. It is a clear breach of the Sino-British joint declaration, the legally binding UN-registered treaty that China willingly entered into. Its continued existence and use is a demonstration of China breaking its international commitments. We will continue to stand up for the people of Hong Kong, to call out violations of their rights and freedoms, and to hold China to its international obligations.

[Sir Iain Duncan Smith]

I thank my right hon. Friend for her response.

Jimmy Lai is and has always been a full British citizen and he has never held a Chinese passport, and therefore he should have been publicly recognised by the Government some time ago. However, I welcome the change in rhetoric by the Foreign Secretary, who said today that

“Jimmy Lai is a British citizen”

and called on the Chinese Government to release him. I am pleased that there seems to have been a shift in policy. Notwithstanding that, I and hon. Friends have raised the issue of his citizenship with the Foreign Office to no avail, until now.

At the heart of the issue lies the Sino-British agreement. I recall that at the time of its signing, the ambassador in Beijing, Percy Cradock, said of China’s leaders that they may be “thuggish dictators” but that they were “men of their word” and could be

“trusted to do what they promise”.

How history always shows us wrong. We cannot trust thuggish dictators, and they have trashed the Sino-British agreement without so much as a by-your-leave. Instead, we now have political persecution, destruction of press freedoms, forced confessions and the targeting of foreign nationals as a matter of course. The national security law is the key, because it has been stripping away their rights, and particularly those of Jimmy Lai, who faces a lifetime in prison.

A new axis of totalitarian states has formed, including China, North Korea, Russia, Iran and Syria. We must be on our toes and realise that their target is democracy itself. Given that, will the Government reconsider their words in the integrated review and reinstate the idea that China is a systemic threat, not just to us but to the very values that we seek?

I must tell the Government that an individual already known to me and some others is being used in the persecution of Jimmy Lai. We know that he has been tortured to give evidence, so, clearly, his evidence cannot be relied on. In the light of that, will the Government give a commitment today that if and when UK or other citizens are targeted through the evidence at Jimmy Lai’s trial, concrete actions will be taken to protect them, and that we will do so by working with our allies, including the US, Japan, and others in Europe? This is a very serious issue and it may yet erupt.

Will the Government now sanction John Lee and others responsible for Hong Kong’s national security law? After all, the US has sanctioned 10 people and we have sanctioned none. Are the UK Government considering how to allow Hong Kong asylum applications to switch to British National (Overseas) applications to save all the heartache? As we approach Christmas, Mr Speaker, this brave and devoted Christian will—

Hong Kong Update

Debate between Iain Duncan Smith and Anne-Marie Trevelyan

Thursday 13th July 2023 Commons Chamber

[Anne-Marie Trevelyan]

I thank the hon. Lady for her support. I think we are all in agreement in our condemnation of the behaviour we are seeing. On the security of individuals here, colleagues will understand that it is a matter of long-standing policy not to comment on the detail of any operational matters. We would not wish to compromise the integrity of arrangements being put into place, which might impact the security of those whose safety we are looking to provide. As the hon. Lady said, reports of political interference in the UK and here in Parliament are very concerning, and we take them seriously. Of course, the security of the parliamentary estate is a matter for Parliament, and I would not wish to try to answer that on behalf of Mr Speaker.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I must say it is quite ironic that this morning I was granted a UQ about this very issue, only to find minutes later that the Foreign, Commonwealth and Development Office had decided it had a statement to make. I assumed it was going to say something really important, but I should have known better.

It has taken 11 days for the Foreign Office to come to the Dispatch Box—11 days after the bounties were placed on the heads of eight people, three of whom are here in the United Kingdom. Nathan Law’s family had their house raided and were taken into the police station. I do not know how much more we need to know about what is going on in Hong Kong and the abuses to take some action.

I have some very simple questions to ask my right hon. Friend. Will the Foreign Secretary finally meet Nathan Law, Finn Lau and Chris Mung, the three people the FCDO have refused to meet throughout the whole time they have been here escaping the clutches of the security forces in Hong Kong? Why will it not meet them? Will the Government now sanction John Lee, the chief executive of Hong Kong? America has sanctioned something like 10 officials in Hong Kong. We were the ones who jointly ran the place and we have sanctioned zero people. Let us get something going here to show them what is going on.

Will the Government tell us whether they are able to block Interpol red notices for Hongkongers from third countries? That is vital—they are scared stiff about what will happen to them if they move anywhere. After the lack of support for Jimmy Lai—who is a British citizen, not a joint national, and the Government will not simply say that—do not the Government agree that our approach to joint nationality now needs to change? We need to be clear that British citizens have the right to be protected by us.

It is time we stopped worrying about upsetting the Chinese Government, and started defending those who are in our protection and representing British citizens properly. It is time to act, not come here to make fake statements.

[Anne-Marie Trevelyan]

I am pleased that we were able to make a statement. The question in an urgent question is always to ask whether a Department will make a statement. I am pleased that Mr Speaker granted me the opportunity to do just that, so we can, for the second time in two weeks, sadly, discuss these entirely shocking and unacceptable behaviours by the Chinese Government.

In answer to my right hon. Friend’s questions, on sanctions, as the House knows too well—sadly, as we have to sanction often, we say this often—it is not appropriate for me to speculate on who may be designated in future, so as to avoid reducing the impact of any designations. We will continue to keep all issues of potential individual or enterprise sanctions under review. That relates not just to China, but to all such countries across the world. As colleagues know, we are using our sanctions powers extensively to ensure we degrade as much as we can Putin’s illegal war.

On Mr Lai, who is a dual British national, I have raised, as do our teams in Beijing, consular access for Mr Lai. The challenge we are faced with is that under the Vienna convention it is for the resident country to determine whether a dual national is entitled to that. Sadly, in China and Hong Kong, it is not given. We continue to press for that. The Foreign Secretary, the consulate and I raise that question and the health and safety of others at every opportunity.

Illicit Finance: War in Ukraine

Debate between Iain Duncan Smith and Anne-Marie Trevelyan

Thursday 13th July 2023 Commons Chamber

[Anne-Marie Trevelyan]

My right hon. Friend is absolutely right. His efforts over a number of years while serving in the Government have helped to build that coalition of support and that confidence to enable Sweden to get to this point. Indeed, Finland is now a member of NATO.

Ukraine’s future place will also be in NATO, and the steps towards membership are now taking place. When allies agree and conditions are met, we will be in a position to extend a formal invitation to Ukraine. As the hon. Member for Hornsey and Wood Green (Catherine West) pointed out, and as the Prime Minister highlighted today—we can read the full detail in the Vilnius communiqué —the requirement for a membership action plan, for instance, has been dispensed with, which can speed up the process.

Members raised the question of Georgia’s potential accession to NATO. The UK supports Georgia joining NATO, as agreed at the Bucharest summit in 2008. We are taking steps with allies to develop the capabilities of Georgia and to prepare it for membership through a comprehensive support package, in concert with other NATO allies.

I turn to the issue of sanctions and to the Foreign Affairs Committee’s report on illicit finance. I thank all contributors to the Committee’s report, which is very thorough. We have co-ordinated sanctions with our international allies to impose a serious cost on Putin for his imperial ambitions. More than 60% of Putin’s war chest of foreign reserves has been immobilised, worth £275 billion. Our own sanctions package is the largest and most severe we have ever imposed on a major economy, and it is undermining Russia’s war effort.

Following her question about the cocktail of crypto- currencies, I can confirm to the hon. Member for Hornsey and Wood Green that we are actively monitoring the use of cryptoassets to detect potential instances of sanctions evasion. The use of cryptoassets to circumvent economic sanctions is a criminal offence under the Sanctions and Anti-Money Laundering Act 2018. As she pointed out, they are complex instruments, and the teams work hard on that. That is already under close review.

Reacting quickly to the invasion of Ukraine, we enacted the Economic Crime (Transparency and Enforcement) Act 2022, sanctioning over 1,600 individuals and entities and freezing £18 billion of Russian assets. We will continue to bear down on kleptocrats, criminals and terrorists who abuse our open economy through our new Economic Crime and Corporate Transparency Bill, and we will ensure that dirty money has nowhere to hide at home or overseas.

[Sir Iain Duncan Smith]

I am grateful to my right hon. Friend for her comments, but I want to test this further. Are the Government reviewing carefully whether those frozen assets could be seized and used for reparations, or do they consider that that is not feasible and therefore are not doing anything about it?

[Anne-Marie Trevelyan]

If my right hon. Friend will give me a moment, I shall attempt to answer that question in due course.

[Anne-Marie Trevelyan]

The right hon. Member will know that I am unable to answer that at this point—it is a question for the Leader of the House—but I have no doubt that it has been heard and that the cross-party support for that measure has been duly noted.

We are working closely with our international partners to address the impact of Russia’s war on global food prices and food security for the world’s poorest. That includes working to keep exports of Ukrainian grain flowing through the UN Black sea grain initiative, which has helped more than 32 million tonnes of grain and other foodstuffs to reach countries around the world.

To respond to the point that my right hon. Friend the Member for Esher and Walton (Dominic Raab) made about Turkey’s commitment—that country’s assistance in keeping that grain initiative flowing despite the continued challenges—we should all commend its efforts, quietly and behind the scenes, to make sure that those flows of food can continue. Its commitment has been exemplary.

Russia continues to delay and obstruct inspections of ships, but food cannot be a weapon. It is reprehensible that Russia is threatening not to extend the deal, which would increase food prices for the world’s poorest, so the UK is supporting Turkey and the UN in their very focused efforts to ensure that the initiative can continue unimpeded, and to renew the grain deal beyond 17 July. Just yesterday, the UN Secretary-General sent a further proposal to Russia to address concerns over the export of Russian food and fertiliser. The UN offer on the table will give stability to both the Black sea grain initiative and Russian agricultural exports, helping to provide easier access to food across the world.

[Sir Iain Duncan Smith]

Forgive me—my right hon. Friend is being generous with her time. It suddenly struck me that a year ago, when the blockade was on and Ukraine could not get the grain out, there was serious discussion, even at NATO level, that in response it might be feasible—and that this could be made known to Putin—that if Russia failed to allow that grain to go through peacefully, it could be convoyed through by members of NATO, but not as a NATO exercise. Are the Government keeping that possibility open? It might be a good idea to let Putin know that it may well be possible to convoy those ships from Odessa through to the wider world.

[Anne-Marie Trevelyan]

I thank my right hon. Friend for his intervention. Turkey, in particular, is making incredible efforts and has continuing negotiations and conversations as a close neighbour and the guardian of the Dardanelles—that critical piece of water through which all these ships have to pass. It is clearly managing that situation, and we continue to support Turkey’s efforts to find ongoing solutions. My right hon. Friend the Foreign Secretary will be chairing a session of the UN Security Council next week to discuss exactly these issues—the impacts of the war, both in Ukraine and across the world.

Turning to an issue that colleagues are rightly focused on, we are of course looking to the future while dealing with the present-day challenges of supporting the Ukrainians as they prosecute the war. We are supporting the office of Ukraine’s prosecutor general to help it investigate and prosecute alleged war crimes. The UK provided £2.5 million of funding to support Ukraine’s domestic investigations and prosecutions in 2022, and we intend to provide similar levels of funding this year. We welcome the steps taken by the independent International Criminal Court to hold those at the top of the Russian regime to account, including Vladimir Putin. We have provided an additional £2 million to the ICC for evidence collection and support for victims and witnesses, and in May, along with 40 other states, we signed an agreement to create a new international register of damage caused by Russian aggression against Ukraine. That is an important step in the pursuit of justice for the Ukrainian people.

Just a few weeks ago, in June, we co-hosted with our Ukrainian friends the 2023 Ukraine recovery conference here in London. That conference raised over $60 billion, including a new €50 billion EU facility and $3 billion in UK guarantees to World Bank lending. Almost 500 companies from 42 countries, worth more than $5.2 trillion, pledged to back Ukraine’s reconstruction through the Ukraine business compact. The conference also agreed to forge a new G7+ clean energy partnership to help Ukraine rebuild a net zero energy system connected to Europe.

Members rightly want to see continued sanctions, asset freezes and travel bans during this very difficult time. Just last week, I was proud to bring in new legislation that will enable sanctions to be maintained until Moscow pays compensation for the reconstruction of Ukraine and a route is developed for Ukrainian reconstruction. We will, of course, also be creating a route to allow individuals to voluntarily hand over those assets of theirs that are presently frozen into a fund to support reconstruction. That will be a one-way ticket: if those people feel that they have realised the error of their ways, it will be an opportunity for them to support Ukraine’s reconstruction.

[Anne-Marie Trevelyan]

The right hon. Member asks an important question. Sadly, that figure grows day by day—I think the latest assessments are that something like $400 billion is expected for the reconstruction, but as the war goes on, that figure is likely to grow as more infrastructure is damaged. Greater reparations would be required to help Ukraine get back on her feet completely, but the new legislation will enable existing sanctions to stay in place until agreements on that compensation payment are reached. Discussions about what that might look like will continue in due course.

[Sir Iain Duncan Smith]

Again, I apologise for breaking the Minister’s train of thought, but can I take her back to a comment I made earlier? It is believed categorically, whatever else we do about the seizure of assets, that it is wholly feasible for the alliance, or each country in turn, to agree to say to Russia, whenever we end hostilities, that what is owed by Russia is x amount, that we have frozen x plus whatever amount, and that we will hold that amount frozen until Russia delivers what is required of it in reparations for the rebuilding and reconstitution of Ukraine. Failing any assistance on that, we will seize those assets as a result of its failure to pay what is agreed to be the reparation bill. That is completely feasible within international law and does not require any great change. Is the Foreign Office seriously thinking about that as a very clear position at this stage?

[Anne-Marie Trevelyan]

My right hon. Friend raises such an important point. Of course, discussions with international partners will continue, to ensure that when we reach such a point—we must first help the Ukrainians to win and end this terrible war—those solutions can be put in place and, indeed, whatever the figure is can be reached. However, by bringing through the legislation last week, we have enabled one further step in ensuring that we stop any of the funds that are presently sanctioned from being released.

Importantly, on enforcement, which was raised by a number of colleagues, we have committed £50 million, following through from the integrated review refresh, to improve the enforcement of the sanctions regime. That will help us work with key partners to build both the capacity and capability to ensure that we can and do enforce the sanctions that are in place. The new G7 enforcement co-ordination mechanism, which was announced at the G7 summit just a few weeks ago, will enable the international community to tackle sanctions enforcement more effectively together.

In conclusion, I know that this House will join me in calling on Putin to withdraw Russian forces from Ukrainian territory and end this barbaric war.