Hong Kong: Sino-British Joint Declaration

Debate between Lord Swire and Jim Shannon

Wednesday 23rd March 2016 Westminster Hall

[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.