Hong Kong: Sentencing of Pro-democracy Activists

Lisa Nandy Excerpts

Monday 7th December 2020 Commons Chamber

[Nigel Adams]

I thank my right hon. Friend for his continued commitment to this issue. He speaks very powerfully, obviously, but as I have just set out, and as the Foreign Secretary has made clear, businesses, including HSBC in Hong Kong, will make their own judgment calls. People will also make up their mind about those judgment calls. We have made an historic commitment to the people of Hong Kong to protect their autonomy and freedom, and, more importantly, so has China. To reiterate the point, we will hold China to its responsibilities.

[Lisa Nandy (Wigan) (Lab)]

The arrest and sentencing of Joshua Wong, Agnes Chow and Ivan Lam sets a troubling precedent, and it is important that we send a united message in our opposition to attempts to erode the rights and freedoms of the people of Hong Kong. The Government have recognised that there have been two breaches of the joint declaration, and a series of troubling incidents, including the charges against Jimmy Lai; the freezing of the assets of a former Opposition politician and democracy campaigner by a British bank; and this morning’s arrest of students on charges relating to peaceful protest. Despite the steps that the Government have taken so far, which the Minister outlined, and broad international condemnation, the Hong Kong Executive and the Chinese Government have not changed course.

The Government are in danger of trying to pursue two competing and confused strategies. We would like to know to what extent the Minister still believes that constructive engagement is possible. Does he share the view of the United States that Hong Kong is no longer an autonomous region, and if he does not, what is his plan to persuade Beijing to change course? If he believes that diplomacy is still fruitful, will he tell us what conversations the Government have had with the incoming Biden Administration about the development of a co-ordinated response? Will the Foreign Secretary consider convening a dialogue among our Five Eyes partners—including the new US Administration—in the new year, so that we can agree a broader, co-ordinated response? If he does not believe that that is possible, has he explored legal avenues through which the Chinese Government can be held to account? What progress has he made on sanctions, which we have debated in this House over and over again?

The Minister mentioned the role of British judges in Hong Kong. A decision to withdraw British judges would be hugely significant; it would suggest that the UK cannot continue to grant legitimacy to what is in essence no longer considered an autonomous system. I hope the Minister can see why such a step would make sense only in that context; otherwise, we risk doing further harm to the people of Hong Kong by removing an important safeguard in an independent judicial system. That is why we must hear today a clear view from the Government, and a strategy to match. Otherwise, the measures that the Government have taken so far on British national overseas passport holders, and the contemplation of the removal of British judges, coupled with an incredibly weak stance on the role of British businesses in the region, will be seen by Beijing not as a firm stance but as a retreat, which will send a message to the Chinese Government that they can continue on that path. That would be an utter failure of our obligations to the people of Hong Kong. We need to hear a clear view and a clear strategy from the Government today.

[Nigel Adams]

I thank the hon. Lady for her questions. She mentioned Jimmy Lai; we are of course deeply concerned about the Hong Kong authorities’ apparent focus on pursuing legal cases against well-known pro-democracy figures like Jimmy Lai. It is crucial that the new national security law is not misused to silence critics or to stifle opposition. The freedom of the press is explicitly guaranteed in the Sino-British joint declaration and the Basic Law and is supposedly protected under article 4 of the national security law. There are indeed deeply worrying ongoing arrests of students, which are being used as a pretext to silence opposition. We always raise our concerns directly with Hong Kong and with the Chinese authorities; we urge them to uphold their international obligations.

The hon. Lady mentioned the incoming Biden Administration; the Foreign Secretary will of course be having conversations with his counterpart, and our ambassador in Washington is already engaged in conversations to set that up.

The hon. Lady also mentioned the role that British judges have played in supporting the independence of Hong Kong’s judiciary for many years; we very much hope that that continues, although the national security law poses real questions for the rule of law in Hong Kong and the protection of the fundamental rights and freedoms promised in the joint declaration. As the Foreign Secretary discussed with the Foreign Affairs Committee on 6 October, appointments to the Hong Kong court are made independently, and we need to be mindful of that.