British and Overseas Judges: Hong Kong

Debate between Iain Duncan Smith and Catherine West

Wednesday 30th March 2022 Westminster Hall

[Sir Iain Duncan Smith]

I am grateful for that intervention, because I had a meeting with the Bar Council about this issue. To be fair, its members understood the dilemma that they had. Bear in mind that Essex Court Chambers have been sanctioned by the Chinese Government, as have I and others present. I do not understand how it is viable any longer for those at the Bar to argue that they are not somehow changing, influencing or moderating what may be going on in Hong Kong.

I have in front of me the statement from the Lord President. I will not read it out, as that is for others to do. Now that he has made that statement—he was one of those who actually did service in Hong Kong, so it is an extra-powerful statement on that point—I would call on the Bar Council, barristers and other lawyers who work in corporate law, and who now have all their offices in Hong Kong, to very carefully think about their position. If the judiciary are moving, and if the Bar does too, what price their ability to lend legitimacy to an area that is essentially no longer operating seriously under common law?

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

That is a finely tuned decision on the Government’s part. Labour’s position has been clear for more than a year, since my predecessor, my hon. Friend the Member for Aberavon (Stephen Kinnock), made it clear that British judges were giving a sheen of legitimacy to what was going on in Hong Kong. I am an original member of Hong Kong Watch—like many other right hon. and hon. Members in this Chamber—and we have been worried for a number of years.

Despite being the shadow Minister, I do not intend to gloat over a U-turn or the Government caving in, but to put across a hint of sadness, because there is a sense that the withdrawal closes the door on a very civilised legal system that we consider to be the best in the world—it is shared by Australia, Canada and other places. It is sad to close the door on that level of standards and trust, and that will have a knock-on effect on the business community.

On balance, in the light of the Ukraine invasion in the last month, the judgment call is that this is no time to abstain, turn the other cheek or be neutral on things. We have to force partners and friends across the globe to make decisions. That may help to inch China towards making decisions on how it relates to Russia, and partners in the Indo-Pacific on how they approach this difficult time. The violence on our screens means that we cannot but make a decision; we cannot sit on the fence in these crucial days.

[Sir Iain Duncan Smith]

The hon. Lady is quite right. As I said earlier, the shockwaves from what is going on in Ukraine will wash around the world. Most of all, the important thing that that teaches us—and why I am doubly pleased that the Foreign Secretary has made the statement today—is that democracy, human rights and the rule of law are delicate. They do not exist by right; they exist only by human endeavour.

Underpinning those freedoms is our concept of independent judicial oversight. We may argue with judges, and we may get angry with them here in Parliament, but an independent judiciary is required to oversee the very workings of a democracy, as well as its freedoms, which will sometimes be taken away from people. That is why it is so important today that we send out the signal that when a Government dismisses those freedoms and natural rights, what is left is oppression and brutality. I believe that our judiciary has finally recognised that operating in isolation from the terrible new laws bearing down on people’s human rights in such countries is not feasible.

I had prepared a speech calling on the Government to do exactly what they did just before I began speaking. As a politician, that would not normally stop me making the speech for the sake of it, but I will restrain myself.