Hong Kong

Layla Moran Excerpts

Thursday 12th November 2020 Commons Chamber

[Layla Moran (Oxford West and Abingdon) (LD)]

(Urgent Question): To ask the Secretary of State for Foreign, Commonwealth and Development Affairs if he will make a statement on the disqualification of pro-democracy lawmakers in Hong Kong.

[The Minister for Asia (Nigel Adams)]

Yesterday was another sad day for the people of Hong Kong. China’s National People’s Congress Standing Committee imposed new restrictions that mean that any Hong Kong legislator who is deemed to support independence, refuse to recognise China’s sovereignty, seek foreign forces’ interference or endanger national security should be disqualified from membership of Hong Kong’s Legislative Council. This decision led to the immediate removal of four elected Members of the Legislative Council, who were, at that moment, sitting in the Chamber.

It is my unfortunate duty to report to the House our judgment that that decision breaches the legally binding Sino-British joint declaration. It breaches both China’s commitment that Hong Kong will enjoy a high degree of autonomy and the right to freedom of speech, guaranteed under paragraph 3 of the declaration. This is the third time that the Government have called a breach of the joint declaration since 1997, but the second time that we have been forced to do so in the last six months.

This decision is part of a pattern designed to harass and stifle all voices critical of China’s policies. The new rules for disqualification provide a further tool in that campaign, with vague criteria open to wide-ranging interpretation. Hong Kong’s people are left now with a neutered legislature, and 15 pan-democratic legislators have already resigned en masse in protest.

China has yet again broken its promise to the people of Hong Kong. Its actions tarnish China’s international reputation and undermine Hong Kong’s long-term stability. The UK has already offered a new immigration path for British nationals overseas, suspended our extradition treaty with Hong Kong and extended our arms embargo on mainland China to Hong Kong. The permanent under-secretary at the Foreign, Commonwealth and Development Office has today summoned the Chinese ambassador to register our deep concern at this latest action by his Government.

Hong Kong’s prosperity and way of life rely on respect for fundamental freedoms, an independent judiciary and the rule of law. China’s actions are putting at risk Hong Kong’s success. The UK will stand up for our values. We will stand up for the people of Hong Kong. We will call out violations of their rights and freedoms. With our international partners, we will continue to hold China to its international obligations.

[Layla Moran]

Thank you, Mr Speaker, for granting this urgent question, and I thank the Minister for his words. Today I have a very simple question. What are the Government going to do as “one country, two systems” disappears before our eyes? The disqualification of pro-democracy lawmakers from the Legislative Council of Hong Kong means it has effectively been reduced to a rubber-stamp Parliament and democracy on the peninsula is now in mortal peril.

Although the previous actions of this Government are to be commended, it is time to do more. Indeed, the Foreign Secretary told the House in July that the Government

“will hold China to its international obligations.”—[Official Report, 20 July 2020; Vol. 678, c. 1832.]

Yet here we are again. Through these actions, the Chinese Government are making a mockery of the joint declaration. I ask the Minister what legal routes to defend the joint declaration are being considered. What has the Minister done to co-ordinate a response with our allies internationally, in particular the USA, including President-elect Biden, and the European Union? Will the UK finally impose Magnitsky-style sanctions on those individuals in Hong Kong and China who are responsible for human rights abuses, and, if not that model, will he look at a sanctions register, as used by the US?

The BNO citizenship scheme excludes those who need it, particularly young people who have so bravely protested in the best traditions of democracy. We must protect them. The estimated true cost for a Hongkonger to come here for five years is £3,000, and that is before living costs. Many simply cannot afford it. Will the Minister confirm how many applications have been made under the scheme and how many have been granted? Will he consider introducing a bursary scheme for those unable to pay, and will he introduce a lifeboat policy for all Hong Kong citizens regardless of age and, if not, will he agree to meet me to discuss this matter further?

In 1996, John Major underlined our commitment to Hong Kong when he said:

“If there were to be any suggestion of a breach of the Joint Declaration we would have a duty to pursue every legal and other avenue available to us.”

He concluded:

“Hong Kong will never have to walk alone.”

It is time for actions, not just words. It is time to make good on our promise.

[Nigel Adams]

I thank the hon. Lady for raising this urgent question. One of her points was about whether I would meet her; of course, I am more than happy to meet her. I know how important this issue is to her and other Members of this House, and my door is always open for conversations with me and my team. I can tell her that we have already seen statements from our partners thus far on this particular issue. Australia, the USA, Canada and Germany have all made statements on the matter and we will continue to work with all our Five Eyes partners to hold China to account. The actions we have taken at the UN over the last few months are testament to that and proof of our leading diplomatic role in this regard.

The hon. Lady asked about sanctions and we will continue to consider designations under our Magnitsky-style sanctions regime. She will appreciate it is not entirely appropriate to speculate on who may be designated under the sanctions regime in the future, as that could reduce the impact, but we are carefully considering further designations under the scheme.

She was right to mention the action we have taken on British nationals overseas. The Home Secretary issued a statement on 22 July on the new route for BNOs, which states that

“in compelling and compassionate circumstances, and where applications are made as a family unit, we will use discretion to grant a visa to the children”

of BNO status-holders

“who fall into this category…the existing youth mobility scheme is open to people in Hong Kong aged between 18 and 30, with 1,000 places currently available each year. Individuals from Hong Kong will also be able to apply to come to the UK under the terms of the UK’s new points-based system”.—[Official Report, 22 July 2020; Vol. 678, c. 115WS.]

The hon. Lady asked about the number of BNOs. From July 2020, BNO citizens and their dependants have been eligible to be granted six months’ leave outside the rules at the border to the UK, and from 15 July to 14 October 2020, a total of 2,116 BNO citizens and their dependants have been granted that. That data is not a reliable proxy for the number of people who may apply for the visa when it opens in January, but it does suggest that the number of BNO citizens seeking to come to the UK in the short term is unlikely to be at the high end of the scale.