Hong Kong: Sino-British Joint Declaration

Jim Shannon Excerpts

Wednesday 23rd March 2016 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

Thank you for calling me, Mr Hollobone. It is a pleasure to be able to speak on this issue. I congratulate the hon. Member for Gloucester (Richard Graham) on setting a good scene and one that I agree with—I suspect that we will have consensus.

I was just saying to the Opposition spokesperson, the hon. Member for Hornsey and Wood Green (Catherine West), that it is Groundhog Day this afternoon, with almost the same players—perhaps fewer in number—and the Minister in his place as well. I do not say this lightly, but the Minister was most responsive in the Burma debate this morning. I appreciated his comments; I think we all did. The shadow Minister, too, made a valuable contribution to that debate. It was good to have consensus.

Here we are now, all back to look at a different subject, and one that is close to my heart. Why is it close to my heart? Some of my constituents came to stay in Northern Ireland from Hong Kong. They did not go home again, but have contacts through relatives and families and business connections even today, so I thought I should make a contribution. I was not sure whether I could fit in with the timing, but we have made sure that I could do so.

Although Hong Kong was handed over almost two decades ago, tensions and Chinese intrusion remain rife. The hon. Member for Gloucester outlined that and I think other Members will do the same. The issue is more about finding solutions, co-operating better, having a better understanding of each other and how to move forward before 2047. Despite the handover, there will always be a paternal connection between us here in the home nations of the United Kingdom of Great Britain and Northern Ireland and the citizens of Hong Kong and the British expats who are living out there, some of whom we know and some of whom we have direct contact with.

We have a tremendous sense of shared history and a shared way of life. In many ways, the Britishness we have here is still apparent in Hong Kong. Those characteristics and personality traits are real. We have a remarkably similar system and our aspiration and drive have helped Hong Kong and the United Kingdom, in stark contrast with the socialist system in the People’s Republic of China. The issue is how we retain that for the next number of years and how we make sure that Hong Kong can develop as we want it to develop, with our relationship remaining the same, and China understanding the line in the sand that it cannot go over.

The Sino-British joint declaration paved the way for Hong Kong’s bid to be recognised as a sovereign entity by the United Nations in 2047 as part of the unchanged status for five decades from 1997. That was agreed to by all parties and it is worrying to see continuous Chinese intrusion into Hong Kong’s affairs and the consequent tensions and unease.

Over the years, we in Northern Ireland have built up strong relations with the People’s Republic of China. We see things that we can work together on. That is how it should be. We have business contacts, economic contacts, educational contacts and student exchanges. Other Members will probably confirm that that is happening in other UK regions, but in Northern Ireland our Minister and the Department of Enterprise, Training and Investment have strengthened those relations and we want that to continue.

Hong Kong was supposed to have a democratic Government and an independent constitution, but instead we have seen mass protests and, in response to that, disturbingly expansive infringements of civil liberties. Last year, as part of the all-party armed forces group, I attended the Royal College of Defence Studies. The people there were in their third and final year of the course. A Hong Kong police chief was involved and he told me—it was a year ago, of course—that there were 3,000-plus protests on the streets of Hong Kong every year and that they were always peaceful. I wish we could say that the last years have been peaceful, but they have not been. There have been clear infringements of civil liberties. In his introduction, the hon. Member for Gloucester referred to the bookkeeper and shop owner who was arrested and we must be mindful of the breach of his civil liberties, his rights and his physical liberty, which China has ignored.

The protests had some undesirable elements, as every mass protest does, but the protestors must be commended because for a movement with such numbers and such spread the discipline was fantastic and the resulting pressure on Beijing can only be a good thing. We have had perhaps more than our share of protests on the streets in Northern Ireland—I sometimes took part—and they had the potential to get out of control, but the protests in Hong Kong have only been good.

Suspicion is the key feeling among those in Hong Kong. The Sino-British joint declaration paved the way for Hong Kong to be recognised as a sovereign entity, but instead, we see over-coercive tactics employed by Hong Kong’s law enforcement officials, while the Chinese mainland authorities pull the puppet strings. We have to express some concern at that and ask China to draw back and keep to the law on the Sino-British joint declaration.

Publishers disappearing is not my idea of advancement; it never can be. In relative terms, there are far greater sins in the world, but that is not what we signed up for or agreed to. We, the British, are pulling our weight when it comes to the future of Hong Kong. The Minister, I am sure, will confirm that. It is time for Beijing to get a reality check and realise that the resolve and determination of the Hong Kong people is one that it cannot beat or break.

In 1993, China’s chief negotiator on Hong Kong, Lu Ping, had the following to say:

“The method of universal suffrage should be reported to China’s Parliament for the record, whereas the central government’s agreement is not necessary. How Hong Kong develops its democracy is completely within the sphere of the autonomy of Hong Kong. The central government will not interfere.”

Those are the words he used in 1993, but here we are in 2016. Given the experiences in 2015, things are not exactly as he envisaged. Indeed, they have changed.

What has changed? We are 20 years into the declaration’s 50-year period. Surely Beijing should be moving forward and away from its shameful authoritarian past, not moving backward and seeking to impose its undemocratic and oppressive regime upon what is clearly an independent and notably different people. Let us recognise, as I am sure we will, the independence of the people of Hong Kong, their characteristics, their personalities and their culture.

Under the Chinese Government’s one China, two systems principle, Hong Kong and Macau should continue to possess their own Governments, multi-party legislatures, legal systems, police forces, monetary systems, customs territory, immigration policies, national sports teams, official languages, postal systems and academic and educational systems. They should have all those things, but do they? Is China adhering to the law on that?

To conclude, China is committed in law to affording at least this 50-year period of autonomy to Hong Kong, but I believe that it is reneging on some of its commitments. We need to pressure China at home and abroad to give the Hong Kong people the dignity of self-determination. It is our duty in this House to speak out for those who need help, as the hon. Gentleman said, as other Members will say in this House and as the shadow Minister will say. I look forward to the Minister’s response.

--- Later in debate ---

[Mr Swire]

I have rehearsed the high-level contacts and representations we have had with the Government in Beijing, not least those involving the Prime Minister, the ambassador and the Chancellor when he was in Beijing. We have raised the case at every level and will continue to do so until such a time as Mr Lee is returned to Hong Kong.

Several Members mentioned the South China sea. We support the Philippines’ right to peaceful arbitration. I stress that we take no view on the underlying sovereignty issues, although we do believe in a rules-based international system and the freedom and movement, and we do expect all others to abide by whatever ruling comes out of UNCLOSS through the International Tribunal for the Law of the Sea settlement. We are concerned about the risk that some of the large-scale land reclamation in the South China sea could pose to maritime freedom of navigation and to the area’s stability.

The six-monthly report makes it clear that, while the implementation of one country, two systems has served Hong Kong well in the vast majority of cases, there are specific grounds for serious concern in some other areas, such as academic freedom and the freedom of the press. As the six-monthly report states,

“it is essential for continued confidence in ‘One Country, Two Systems’ both in Hong Kong and internationally, that Hong Kong continues to enjoy, and is seen to enjoy, the high degree of autonomy and the rights and freedoms enshrined in the Basic Law and guaranteed in international law by the Joint Declaration.”

I was asked specifically by my hon. Friend the Member for Gloucester about the comments that Zhang Xiaoming, the head of the Central Government Liaison Office, made in a speech. I welcome the comment by Chief Justice Geoffrey Ma, whom I have met, on judicial independence. He reiterated article 25 of the Basic Law, which states:

“All Hong Kong residents shall be equal before the law.”

At the recent National People’s Congress annual session in Beijing, the Chinese Government reiterated their commitment to one country, two systems, and I welcome that.

Continuing the theme, my hon. Friend also raised the issue of an independent judiciary. Our assessment is that, while there have been specific challenges, on the whole the rule of law continues to function and the judiciary continues to be independent. We are confident in Hong Kong’s legal and judicial system, which has been and will remain an essential foundation for Hong Kong’s success.

The shadow Minister, the hon. Member for Hornsey and Wood Green properly raised the issue of constitutional reforms, which we were all involved in, one way or another, in the past year or so. I remind the House that in the last Westminster Hall debate on Hong Kong, which was in October 2014, we discussed that very issue. It remains a crucial issue, both to meet the aspirations of the people of Hong Kong and to ensure effective governance. As the six-monthly report makes clear:

“The UK Government judges that constitutional reform will help, not hinder, the Hong Kong SAR Government to deliver. A more democratic and accountable system of government would help strengthen those rights and freedoms which have come under increasing pressure over the past two years…We encourage all parties to play their part in rebuilding constructive dialogue to pave the way for the resumption of the process at the earliest opportunity.”

[Jim Shannon]

The Minister is explaining things well, and I thank him for that. We need to have continual economic contact, but within that, how can we persuade? The shadow Minister said that we do not see much evidence of how we can move the process forward for that British citizen to be returned. I am keen to have the economic contact. The Minister mentioned the airport. It is built with stone from my constituency, from Carryduff—believe it or not, that is what has been used. There are strong economic contacts between Hong Kong and my constituency and the whole of the United Kingdom. We want that to continue, but we want liberty and human rights to be enforced as well.

[Mr Swire]

The hon. Gentleman is right. I never think these issues are binary and that it is either human rights or trade. Through trade, rules and an international rules-based system, human rights very often benefit, too. It is not about putting one of those to one side. We are very strong on human rights, which is why we produce a six-monthly report—it is not universally popular—and will continue to do so under our obligations in the Sino-British joint declaration and, further, under the Basic Law.

The hon. Gentleman talked about the protesters in Hong Kong. As we have said before, it is essential that Hong Kong’s fundamental rights and freedoms, including of assembly and demonstration and as guaranteed by the joint declaration, continue to be respected. Demonstrators should express views peacefully and in accordance with the law. Incidentally, I seem to remember saying that during my enjoyable two years as a Northern Ireland Minister, despite not coming across the hon. Gentleman at any particular demonstration during my time there.

[Jim Shannon]

They were all legal protests.

[Mr Swire]

All legal, of course.

The links between the United Kingdom and Hong Kong of course remain strong. Ours is a relationship that is not only based on history but is innovative, forward-looking and dynamic, with excellent prospects for the future. We continue to build on that. In that spirit, the Foreign Secretary hopes to visit Hong Kong in the near future.

Where we identify challenges, such as the case of Mr Lee and the other booksellers, this Government will continue to raise them with the authorities at the highest level in Hong Kong and in Beijing. It is important to address these concerns and thus ensure that the principle of one country, two systems is maintained, together with the sanctity of the rights, freedoms and values that it upholds.

I am once again indebted and grateful to my hon. Friend the Member for Gloucester for giving me the opportunity to state the Government’s position on this important issue. He is a champion of Sino-British relations. Some may not always agree with the principled stance he takes, but he is absolutely right that, if we are to understand each other better, to learn to respect each other more, and to be partners in international trade and in underpinning the things that matter to us in terms of rights and responsibilities, we need to have these free and frank exchanges. I know that when he speaks he has the best interests of the people of the United Kingdom, Hong Kong and China at heart. So I thank him again for all his continuing work in furthering the relationship, and I am grateful to hon. Members this afternoon for adding to what has been an interesting debate.