China: Multilateral Nuclear Disarmament

Lord Howe of Aberavon Excerpts

Thursday 22nd November 2012 Lords Chamber

[Lord Howe of Aberavon]

My Lords, as is the case perhaps too often when I speak in the House, I find myself reverting to the ancient past in my own recollections. I will try to avoid it, but there is no doubt that on the subject brought before us by the noble Lord, Lord Browne of Ladyton, on which the two subsequent speakers emphasised the importance of the threatening weaponry concerned and of multilateral consideration of how we handle it, there is common ground. The question that may interest other people, as it has me, is how far we can be confident in a country such as the People’s Republic of China, which has a history that is unique in so many ways and which is overwhelmingly important in the consideration of this subject.

Remarkably, this reminds me—this again is one of my faults—of the occasion some 60 years ago when I first became aware of the importance of China. I was proceeding with two other Cambridge undergraduates, my noble friend Lord Jenkin of Roding and EAW Bullock—I think that he later became a diplomat—through south Wales, campaigning for the Conservative Party in the Constitutional Club of Ebbw Vale. On the evening we were in Tredegar Constitutional Club, the news was announced that the Labour Party Foreign Secretary, Ernest Bevin, had announced Britain’s decision to recognise the emergence as a country of the People’s Republic of China. We were asked with some anxiety whether we agreed with this hazardous Labour Foreign Secretary in taking such a view. Fortunately, we had all been instructed in international law by Professor Eli Lauterpacht at Cambridge, and were able to say that, if a Government have been established with clear, credible control of a clearly defined territory, we should recognise it.

I have been facing this question in prospect for some 60 years and I now underline what other speakers have already said about the huge importance of China in this context. I shall add one other thing: it could have been historically uncomfortable if we had not given that answer because 250 years before that, George III, in consultation with Emperor Qiang Long, agreed on the importance of communication and a relationship between our two countries. So there has long been mutual respect, which makes this debate important.

In today’s context, one wonders about the western media’s outpourings on China’s party congress and its constitution, focusing too often on Chinese leaders as though they were old men in black suits, ignoring political reform and being highly challenged. We have to underline—as others have already done—the importance in this context of hoping for active participation by the People’s Republic of China. It is an area where there is some anxiety—as there often is about the People’s Republic of China. How we can be sure, our media often ask, about the sincerity and credibility of the people that I have indicated they describe? Fortunately, there have been a number of examples of the Chinese Government’s respect for the importance of law and the legal system, not only in the international fields that we are talking about, but in relation to their Government and, for example, to the discussions with us about the future of Hong Kong, which became an important issue. From that time they had respect for the special nature of Hong Kong in the context of a two-country system, which in a way exceeded our legitimate claim.

Our title to Hong Kong, under the lease we had agreed at the end of the 19th century, extended only to some 18% of Hong Kong’s territory and we had claimed the remaining 82% by the sheer force of our presence there. The Chinese had become accustomed to regarding the legitimacy and unity of the entire territory, recognising the importance of it being distinguished from and identified as a special component in the China where Hong Kong was thereafter going to live. That shows the respect we can expect from the attitude of Chinese leaders to the importance of an international legal approach to this question, and of securing agreement between China and the remainder of the world—not just with ourselves, but with all those concerned with the continued existence of these nuclear weapons.

It is important to remember that China in fact has respect for law as such. I have had some contact with this, apart from the Hong Kong negotiations, because of my presidency of the Great Britain-China Centre for many years. Perhaps I should have declared that interest earlier than now. The truth is that considerable discussion and negotiation takes place between our own modest GBCC and Chinese authorities about the role of law in a society, whether national or international. We have been able to discuss with the Chinese a range of important aspects of the legal system nationally, including the need for professionalism in China’s judges, the establishment, with our help, of a judicial studies training programme, the improving role of judicial management, consideration of strengthening the rights of defence lawyers, and a code of conduct for Chinese lawyers in other respects. In administrative law, there is the promotion of media freedom and ethics and, although it may be difficult for all of us to believe it, pushing human rights up the Chinese news agenda and improving the position of media regulation within that society.

All this may seem to be a departure from the subject we are primarily addressing, but I hope it helps to assure colleagues in this House of the importance of the subject of the possible possession of these fearful weapons by one of the world’s largest societies, but alongside that, the importance of its awareness of the role of law whether within the nation or between nations. We should note the extent to which, for historical reasons, our country has the capacity to undertake this kind of discussion. That is because of a substantial, historic—and conceited, if I may say—Government as important as the People’s Republic of China. So I feel much assured—

[Baroness Williams of Crosby]

Perhaps I may ask the noble and learned Lord a question. He conducted a brilliant negotiation over Hong Kong when he was Foreign Secretary, but does he regard the fact that Hong Kong has survived for 20 years as an indication that we now have a well settled two-regime system in China?

[Lord Howe of Aberavon]

Indeed, of course I do, and I would add that I have shed Hong Kong behind me because of the extent to which it has been established. We can all take from that some comfort about the nature of the People’s Republic of China as well. It is that satisfaction which has enabled me to go on other missions to China to discuss matters of common interest, including that which we are discussing today.

I am delighted as always to find myself speaking in the same tone and striking the same note as the noble Baroness who has just so kindly intervened in my observations. It is time that I came to a close.