Hong Kong National Security Law Anniversary

Debate between Iain Duncan Smith and Richard Foord

Wednesday 28th June 2023 Westminster Hall

[Sir Iain Duncan Smith]

I stand corrected. My hon. Friend is quite right: it is 11, which makes it even worse. Foremost among them is the Catholic entrepreneur and—most importantly—journalist Jimmy Lai, who languishes in prison on a trumped-up charge. I will come back to that point, because I have further questions to ask the UK Government, but I hope that the Minister has taken note of my hon. Friend’s comments about the actions of the United States. Our words about the transgressions have remained words; they have not given rise to actions that I would have expected from the UK Government. I am sorry to say that. They are a Government I support, but a Government who at the moment I have to say are in deficit in this area. I want to point out a few more areas where I find our Government in deficit.

What assessment have the Government made of all those figures we have been chucking out, as young political prisoners, three quarters of whom are aged 30 or under, bear the brunt of this oppressive regime? It is deeply troubling that minors face the longest sentences of all, averaging something like 27 months, further exacerbating their plight. What also bothers me is that the Government, having not gone to Hong Kong officially, suddenly sent a Government Minister there a few weeks ago. As I understand it, now that his visits and meetings have been published, Lord Johnson met no democracy campaigners, said nothing officially or publicly about the Sino-British agreement, said nothing at all about the breach of human rights, said nothing at all about those sanctioned, and, to my knowledge, said nothing at all about the plight of the British citizen Jimmy Lai.

I want to stay on that point because, of all the things the Minister could have said, he could have said something about the bad behaviour with regard to a British passport holder and citizen. I want to say it again: Jimmy Lai is a British passport holder and citizen. As much as every one of us sitting in this room today, he has rights. At the front of the passport, it states “without let or hindrance”. What is the worth of the passport that I and everybody else in this room carry, if my Government will not call him a British citizen with rights under international law for consular access? America refers to him as a British citizen and passport holder. The European Union refers to him as a British citizen and passport holder. What country does not refer to him as a British citizen and passport holder publicly? Sadly, that would be my Government—our Government. For some reason, the British Government take it upon themselves to know, beyond any other family member or Jimmy Lai himself, what is good for him. What is good for him is what he wants.

Jimmy Lai did not flee Hong Kong after the trashing of the Sino-British agreement. Why? Because he is a brave man who believed that as long as he stayed, he could be the guarantor of some of the rights that might disappear. He wanted to be the icon who believed in democracy and human rights, so that those who were fearful and fleeing, and worried for their lives and the lives of their family, would look to him and see a brave man standing on the hill saying, “I’m not going anywhere. This is my home.”

A British citizen, a brave man, now languishes in prison on a trumped-up charge that has nothing to do with reality. He faces a second court case later this year, where he will almost certainly be charged under the new security laws for sedition. Jimmy Lai knows, and his family know, that it is unlikely he will ever see the light of day outside that prison. He knew that from the very word go; he made his choices on the basis that he knew that from the very word go. He did not flee.

Surely Jimmy Lai wants us to say that he is a proud British citizen and passport holder. He is not a dual national, by the way. I wish the British Government would stop referring to him as a dual national: it plays into the Chinese Government’s hands, because they declare that they do not recognise dual nationals. He is not a dual national; he is a British passport holder. I want that to be very clear. His family, who I have spoken to and who had to flee to Taiwan, say he wants to be pronounced a British citizen and passport holder. All I ask is that at the end of the debate my hon. Friend the Minister gets up and says, “He is a British citizen and passport holder, and we intend to pursue the Chinese Government publicly for consular rights. He is a political prisoner, and there is no question beyond that.”

I congratulate and applaud my Government on the generous BNO scheme and on extending it. To give credit where credit is due, the Government have done well on that. The trouble is that after everything that has been going on and the failure to recognise even a British passport holder, many BNO passport holders in the UK are now fearful about their own status. We know that many of them have been hunted down in the UK by those terrible Chinese police stations, which are quite illegal but have existed in the UK for an unnecessarily long time. We know that they have been threatened and bullied about their status. They worry about their protections under a BNO scheme, which are far fewer than those of having a British passport and being a British citizen. I would like the Government to consider that our failure to act in that way for Jimmy Lai has consequences for those we would wish to protect in a wider scheme. One need only talk to them to understand their concerns. We need to make those changes and announcements.

On the basis of what my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) said, when will the UK Government put Hong Kong officials, who were responsible in the first place for many of those human rights abuses, under notice that they will be sanctioned? They should have been sanctioned by now. Is there a chance that the British Government are reviewing it? I know what the British Government and the Minister will say: “We never discuss sanctions.” I wish he would say at least that he will take note of what we have said.

For Hongkongers facing the plight of having to risk entering the Chinese consulate for the renewal of their Hong Kong passports, this policy places them in a vulnerable position. They are worried. What alternative procedures will the Government pursue to give those people a greater sense of certainty, such as by providing other things like travel documents or establishing a successful and secure passport renewal process that does not necessitate entering the grounds of a Chinese consulate? I remind everybody that the last person I knew of who entered a Chinese consulate’s grounds was dragged there by the consul general, was beaten up and had his hair torn out. I met him afterwards, and he was traumatised. The Chinese Government did not do anything, and the British Government talked about the law, but he quietly disappeared later on and no apology was made. It was a terrible act. I understand why BNO passport holders here are fearful of what will happen to them if they enter the consulate. The big concern and fear is about whether they will come out again. Will the Government look for other ways for them to establish their legitimacy, other than being forced into this damaging process?

The visit of Liu Jianchao last week also sent a signal to many people who are here under the BNO scheme. It is deeply regrettable that the Government chose, for some reason, to host him. This is a man deeply involved in China’s controversial fox hunt operations, which hunt down Chinese dissidents around the world and seek to get them back to China using techniques that include threatening their families, televising that threat, and eventual torture and arrest on re-arrival. It is an example of China’s disregard for international norms and human rights that it behaves in that way so publicly. By welcoming this individual—there is a photograph of a Minister sitting next to him; given the abuse of international norms and human rights, I am astonished that we would allow a Government Minister to meet him and sit with him—are we not sending a chilling message to everybody else that we place that relationship on a higher plane than people’s human rights and liberties?

[Richard Foord (Tiverton and Honiton) (LD)]

On the point about the Hong Kong national security law having extraterritorial reach, some in the People’s Republic refer to centuries of humiliation, when their forebears made concessions to other imperial powers. Does the right hon. Member think that since the crackdown in 2020 against students in Hong Kong who were simply singing songs and waving flags, it is reasonable to say that the People’s Republic is behaving in a repressive fashion that was typically associated with 19th-century imperial powers?

[Sir Iain Duncan Smith]

These are abuses of human rights and democracy. The hon. Gentleman is right: this is an appalling return to a time we thought had long passed. We now respect people’s human rights, but that is not the case in China, and it is now not the case in Hong Kong. The worst part about the situation in Hong Kong, which he is right to raise, is that we were one of the guarantors, but we seem to be shuffling away from that guarantee. Where other countries have acted on the abuse, we seem to be stepping back. I am concerned about that. I would love to know more about it from the Minister.