Hong Kong

Lord Wallace of Saltaire Excerpts

Thursday 16th October 2014 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, this has been an expert and sober debate. On these occasions, I remember that on my first visit to China and Hong Kong, the most useful briefing I had was from the noble Lord, Lord Wilson of Tillyorn. I think that he was then a little less grey than he is now and I suspect that I was, too.

The Government firmly believe that the United Kingdom and China share interests in a prosperous, capitalist Hong Kong with a thriving civil society, a clear rule of law and the movement towards political autonomy that was outlined in the joint declaration of 1984. I pay tribute to the noble Lord, Lord Luce, for his role as the then Minister of State in securing the joint declaration. As we approach the 30th anniversary, the UK remains as committed to the joint declaration as ever. “One country, two systems” works well. The high degree of autonomy, rights and freedoms enshrined in the joint declaration continue to be upheld. Hong Kong has an independent judiciary and direct and active participation in political debate by a number of different political parties. We have just seen how lively civil society in Hong Kong is. It is a vibrant and engaged civil society in every way. It has the freedom, recently shown, to participate in regular, and usually peaceful, protests in accordance with the law. The United Kingdom recognises Chinese sovereignty over Hong Kong, but has shared interests in the widest sense in the future of Hong Kong.

The noble Lord, Lord Luce, talked of Britain’s moral duty to Hongkongers to encourage the principles of the joint declaration and said that the future of nearly 8 million people in Hong Kong matters above everything else. Perhaps I should mention that a quarter of a million British citizens live in Hong Kong, as well as a substantially larger number of overseas British nationals, so we have all sorts of different stakes in the future of Hong Kong. I assure my noble friend that Britain’s commitment to Hong Kong remains as strong as ever. As a signatory of the Sino-British joint declaration and as a country with the many ties with Hong Kong that have been expressed by the noble Lord, Lord Sassoon, and others in trade, economy, culture and education, it is vital to us as well as to China that Hong Kong continues to prosper. Part of our shared interest is that we are all aware that if Hong Kong did not continue to be stable, to be clearly governed by the rule of law and to prosper, other financial and service centres around east Asia would be very happy to take over some of what makes Hong Kong so prosperous.

Hong Kong is an important part of the UK’s relationship with China and we discuss it regularly and continuously at all levels. This has included discussions between the Prime Minister and Chinese Vice-Premier Ma Kai in September and Premier Li Keqiang in June, including the issue of constitutional development. Our six-monthly reports on Hong Kong to the British Parliament show our commitment to continuing to follow developments in Hong Kong and the implementation of the joint declaration closely. The most important thing is that the high degree of autonomy, rights and freedoms that are guaranteed by the joint declaration and embodied in the concept of “one country, two systems” are respected.

The Government’s assessment is that the Chinese Government’s White Paper of June 2014 has not undermined judicial independence, nor has it breached the 1984 Sino-British joint declaration. The White Paper reiterates China’s commitment in the joint declaration that the Hong Kong special administrative region exercises a high degree of autonomy in accordance with the law and is vested with executive, legislative and independent judicial power. The independence of the Hong Kong judiciary, as the noble Lord, Lord Thomas of Gresford, stressed, has been and continues to be key to Hong Kong’s success in the world economy. We share his view that the rule of law continues to prevail and that policing of the recent demonstrations has been largely proportionate.

On 31 August, the National People’s Congress standing committee in Beijing announced its decision on the methods of Hong Kong’s electoral reform. We welcome its reconfirmation of universal suffrage as China’s objective for the election of Hong Kong’s Chief Executive. We also recognise that the detailed terms set out by the National People’s Congress would disappoint those arguing for a more open nomination process. We therefore encourage dialogue and consensus-building during the next stage of the consultation, in line with the Basic Law which provides Hong Kong’s constitutional basis.

Today, we are witnessing a significant phase in Hong Kong’s development, with calls for democratic reform through widespread protests. As we have said in statements since the protests began at the end of September, we call for rights and freedoms to be respected and urge all sides to engage constructively in dialogue to work towards a consensus that allows a meaningful advance for democracy in Hong Kong. We welcome the fact that the Hong Kong Government have responded to the protestors’ demands with offers of talks with the Hong Kong Federation of Students and the other organisations involved. We hope that a mandate for these talks will be agreed as soon as possible. We will continue to monitor these events. Perhaps I should add that Her Majesty’s Government are conscious, from the experience of the Arab spring and other events, that, in reform and consultation, slow progress is often better than an attempt to move to the politics of the streets and to overthrow, which can often take us backwards rather than forwards.

On the wider issue of Hong Kong’s constitutional reform, the Government’s position remains unchanged. The detail of the constitutional package is for the Governments of Hong Kong and China, along with the people of Hong Kong, to decide, in line with the Basic Law and the subsequent decisions of the standing committee of the National People’s Congress. We recognise that there is no perfect model. We have, after all, heard earlier today some disagreement about what the perfect model for democracy for the United Kingdom might be. The important thing is that the people of Hong Kong have a genuine choice and feel that they have a real stake in the outcome. Reaching consensus requires all parties to continue to engage in a constructive dialogue. It is also Britain’s long-standing position, I reiterate, as a co-signatory of the Sino-British joint declaration, that Hong Kong’s prosperity and security are underpinned by its fundamental rights and freedoms, including the right to demonstrate.

My noble friend Lord Sassoon asked whether the details of the constitutional reforms in Hong Kong are matters defined in the joint declaration. There are no specific obligations on the Government on these matters and no locus for direct intervention by the Government. As I stressed, the details are for Hong Kong and China. Both the UK and China made commitments to Hong Kong through the legally binding 1984 joint declaration. That agreement, which led to the handover of Hong Kong, protected Hong Kong’s previous capitalist system and lifestyle for 50 years, with all the rights and freedoms that I have mentioned. The Basic Law and subsequent National People’s Congress decisions set the terms for constitutional development in Hong Kong. Our legal obligations under the joint declaration were to run Hong Kong until 1997 with the object of maintaining and preserving its economic prosperity and social stability and to restore Hong Kong to Chinese sovereignty with effect from 1 July 1997. Following that handover, we maintain an interest in ensuring that China honours its legal obligations under the joint declaration.

My noble friend also speaks, quite rightly, of Hong Kong as an excellent place for business in east Asia, as an important part of Britain’s international extension of our own economic interests through financial and legal services, as a large export market and as a centre for a number of British companies. I also pay tribute to my noble friend Lord Glenarthur and his work as Minister of State responsible for Hong Kong in the late 1980s. He rightly says, as others have, that it is for the people of Hong Kong and the Governments of China and Hong Kong to decide how to carry things forward.

My noble friend calls these “troubling times”. The Government believe that it is important that Hong Kong citizens’ basic rights and freedoms, including those of assembly and demonstration, are respected in line with the joint declaration, and that it is also important that demonstrations are carried out in accordance with the law.

The future of Hong Kong, as this debate has shown, is of great importance to the UK as a signatory to the joint declaration. However, it is also important to us because of our close history, our wealth of personal links and the strong two-way trade and investment. All these make Hong Kong one of the UK’s most important international partners and an essential part of our overall relationship with China. It is therefore vital to us that Hong Kong continues to enjoy prosperity and stability through the success that is underpinned by autonomy, rights, freedoms and the rule of law, all of which are guaranteed by the joint declaration. That is the message that we will continue to convey both to Hong Kong and in our regular and continuing dialogue with our partners in China.