Foreign and Commonwealth Office

Mark Field Excerpts

Wednesday 19th June 2019 Ministerial Corrections

[Jeremy Lefroy (Stafford) (Con)]

The words “rule of law”, are much used on both sides of the argument, both in Hong Kong and in the People’s Republic of China. Does my right hon. Friend agree that the rule of law is only there if one looks at the rules themselves, at how they are made, and at punishments? In addition, they should be underpinned by the universal declaration of human rights. That is what the rule of law means.

[Mark Field]

I would agree with what my hon. Friend says. He takes these matters seriously, and has dealings with leading figures from Taiwan who are based in London. He will be aware of the constraints that we are under in the Foreign Office and the Ministry of Defence in standing up for One China. Equally, there is a terrific amount of work that goes on in relation to trade and in educational exchanges with Taiwan. Taiwan is succeeding very rapidly as a country, not least because it stands up for the rule of law in the way in which my hon. Friend describes.

[Official Report, 18 June 2019, Vol. 662, c. 150.]

Letter of correction from the Minister for Asia and the Pacific:

An error has been identified in the response I gave to my hon. Friend the Member for Stafford (Jeremy Lefroy).

The correct response should have been:

[Mark Field]

I would agree with what my hon. Friend says. He takes these matters seriously, and has dealings with leading figures from Taiwan who are based in London. He will be aware of the constraints that we are under in the Foreign Office and the Ministry of Defence in standing up for One China. Equally, there is a terrific amount of work that goes on in relation to trade and in educational exchanges with Taiwan. Taiwan is succeeding very rapidly, not least because it stands up for the rule of law in the way in which my hon. Friend describes.

International Humanitarian Law: Protecting Civilians in Conflict

Mark Field Excerpts

Tuesday 18th June 2019 Westminster Hall

[The Minister for Asia and the Pacific (Mark Field)]

I am grateful, as I am sure we all are, to the right hon. Member for Cynon Valley (Ann Clwyd) for securing this debate, and to all other right hon. and hon. Members for their contributions. I shall try, in the course of a slightly longer speech, to respond to all the points raised.

As the right hon. Lady said, and my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) reiterated, this year marks the 70th anniversary of the Geneva conventions, which were designed, after the terror and the horror of the second world war, to serve as a founding pillar of what we know today as international humanitarian law. They represent a clear affirmation that the principles of international humanitarian law are both neutral and universally recognised.

Today’s motion rightly highlights the central place of IHL in international efforts to protect civilians affected by conflict in our world today. There is little doubt that, as conflicts become increasingly complex, IHL will become ever more important and will expand as a body of law. Its underlying principles—the distinction between civilians, those hors de combat and combatants; the principle of necessity and the prohibition on the infliction of unnecessary suffering; the principle of proportionality; the observance of precautions in attack; and the principle of humanity—are all clear and unambiguous.

However, as many speakers have rightly pointed out, the nature of conflict is changing. Too often, the distinction between combatants and civilians, between a target that is legitimate and one that is not, has become blurred. Too often, civilians, including aid workers, are deliberately targeted. In almost all modern wars, it is not the combatants who suffer most, but the civilians. Indeed, as a number of hon. Members brought up, current patterns of violent conflict worldwide show that 90% of all casualties today are civilian. As urbanisation increases, the International Committee of the Red Cross has reported that there are

“some 50 million people worldwide affected by armed conflict in cities.”

The changing nature of conflict presents challenges for states such as the United Kingdom and our allies, who seek to provide humanitarian assistance and make a positive contribution to preserving international peace and security, and to ending conflict, including, where necessary, through military action. The UK Government are committed to facing those challenges, because we all take very seriously our commitments to international humanitarian law and to the protection of civilians in our operations and in the humanitarian contexts where we provide assistance.

Adherence to IHL is a paramount consideration in our approach to conflict, and when we encounter potential violations, we strongly support engaging the appropriate mechanisms to deal with them, while ensuring that we have a domestic legal framework that makes certain that our armed forces are fully accountable. A number of hon. Members will recognise that the Ministry of Defence has an important part to play in some of the questions I will come to in a moment or two, and those really relate to that Government Department.

The UK military is at pains to operate to the highest standards. It closely monitors and verifies the impact of our military activity. My right hon. Friend the Member for Sutton Coldfield rightly pointed out that the increased use of social media provides a mechanism for not only the long-term maintenance of evidence, but, on a day-to-day basis, a recognition of where military or other individuals have gone beyond what is acceptable.

The protection of civilians is and will remain a central pillar of the UK’s approach to our humanitarian efforts and to managing conflict. It has been pointed out that we have played a leading role in the UN Security Council over 20 years in developing that international approach. If I might respond to what my hon. Friend the Member for Henley (John Howell) said earlier, South Africa is currently the African nation on the Security Council, but Tunisia will join, and I very much hope it will play an important part in this, given the recent conflicts that have taken place there.

My hon. Friend will perhaps be aware that the Asian nations currently on the Security Council—Indonesia and Vietnam—have made questions around peacekeeping and the rights of combatants and civilians in war an important part of what they hope to achieve. I hope we will work together with those countries and others in the UN Security Council to raise the profile of many of those issues during the next two years and beyond.

To coincide with the 20th anniversary of the first resolution on this issue, we are undertaking a review of our approach to the protection of civilians in armed conflict, to ensure that it is fit for purpose in the context of modern conflicts and that it addresses all civilians, including children and other particularly vulnerable people, which goes to the heart of the point made by the hon. Member for East Dunbartonshire—

[Martin Docherty-Hughes]

West.

[Mark Field]

Sorry—West Dunbartonshire. The hon. Gentleman might well become the leader of the Liberal Democrat party if I am not careful.

[Tom Brake]

Nominations are closed.

--- Later in debate ---

[Mark Field]

I think the hon. Gentleman has a supporter in the right hon. Member for Carshalton and Wallington (Tom Brake).

The hon. Member for West Dunbartonshire made a good point about recognising issues around disability, children and other groups. We do not want simply to look upon civilians as a single group, and part of what we are trying to achieve here is focused on what I think is a public demand on all these matters.

Our approach to the review embraces a cross-Whitehall consultation, as proposed by the right hon. Member for Cynon Valley, as well as consultations with civil society—we have made reference to Save the Children, but a number of other charities will play an important part in the review. When completed, we hope it will contain an agreed Government-wide position that will take account of all Government Departments.

To demonstrate what that means in practice, I will focus on three main areas: our international engagement, our work on international peacekeeping, and our domestic activity to promote and uphold international humanitarian law. On the international stage, as a number of hon. Members have pointed out, our permanent seat on the UN Security Council bestows on us an important responsibility to protect civilians and uphold IHL, whenever and wherever international peace and security are under threat. We have not shied away from those responsibilities.

[John Howell]

In terms of the review, is the Minister aware that the World Bank has changed from a system of trying to put out today’s fires to one of trying to identify what fires will occur tomorrow and to prevent them? Should we not adopt something similar for the UN?

[Mark Field]

To an extent, I agree. Obviously, predictions of the future are always fraught with difficulty; a number of the conflicts I am going to touch on now might have been predictable 10 or 15 years ago, but others have arisen unexpectedly. We need a flexible system, but there is some sense in having that forward-looking approach at the UN as well as at the World Bank.

In Iraq, the UK has been at the forefront of efforts to ensure accountability for the crimes committed by Daesh, the so-called Islamic State. Through a Security Council resolution adopted in 2017, we helped to establish a UN investigative team to support the Iraqi Government in the collection, preservation and storage of evidence linked to Daesh crimes.

As my right hon. Friend the Member for Sutton Coldfield pointed out on Syria, we co-sponsored the UN General Assembly resolution in December 2016 that established the international impartial and independent mechanism for Syria, which was designed to deliver accountability for horrific atrocities, including the deliberate targeting of civilians and the use of chemical weapons.

On Myanmar, the UK was the penholder at the UN Security Council that co-sponsored the creation of the UN fact-finding mission, which concluded that ethnic cleansing had been carried out against the Rohingya by the Myanmar military and could amount to genocide. We worked in the UN Human Rights Council to establish a unique investigative mechanism to collect and preserve evidence of atrocities for future prosecutions, recognising—tragically, I am afraid, in certain cases—that those who need to be brought to account will possibly remain in office for many years to come. None the less, we have a reliable and legally watertight mechanism to hold them to account. I would like to think that our country has played a leadership role, but, of course, we do not do this alone; we work with like-minded partners to address conflict situations, such as in Sudan, Yemen, Libya and the horn of Africa.

Let me come on to some of the contributions made in the debate. Risks around serious or major violations of international humanitarian law, or abuse of human rights, are a key part of our assessment against the IHL consolidation criteria. In relation to arms exports, a licence will not be issued to any country if so to do would be inconsistent with any provision of the mandatory criteria, including where we assess that there is a clear risk that arms might be used in the commission of a serious violation of IHL. The situation is kept under careful and continual review. We examine every application rigorously, on a case-by-case basis. That applies in Yemen, with Saudi Arabia, but also in many other walks. The test is designed to be forward looking. A licence will not be issued to Saudi Arabia or any other country if to do so would be inconsistent with any provision of the consolidated EU or national arms export licensing criteria.

[Ann Clwyd]

On arms exports, unless there is proper end-use management—which we do not do—we cannot be confident in the assertions that the Minister makes.

[Mark Field]

I was coming on to that very point. I know it is one that the right hon. Lady made earlier.

[Mr Mitchell]

While the Minister is collecting points to come on to, does he agree that it is not a good idea for investigations into breaches of international humanitarian law to be undertaken by one of the parties to the conflict, namely Saudi Arabia? Is it not better to agree that, under UN auspices, any such inquiries should be neutral? Otherwise, it is akin to a student marking their own homework.

[Mark Field]

I wish I had homework that I could mark these days—it is more my children’s homework that I have to do that with now. My right hon. Friend makes a valid point. Above all, the issue is less to do with whether that is desirable, and more about the credibility in the international community of such outcomes. He makes a fair point.

To return to the point made by the right hon. Member for Cynon Valley, the operational end-use monitoring and the establishment of a dedicated civilian casualty mitigation and investigation team are an MOD lead. I will ensure that her speech is passed to my friends over in that Department, although I am sure they are well aware of the concerns raised here today. The issue relates to operations in the field and is therefore an MOD matter. From our side, we are trying to improve data collection, as I referred to, in other parts of the world. We feel that that may have an important part of play. There is project underway with the University of Manchester looking at many of these related issues, and I hope the right hon. Lady will be able to feed into that.

The hon. Member for East Londonderry (Mr Campbell), who is no longer in his place, made a point about child soldiers. The UK is firmly committed to ending the recruitment and use of child soldiers and to the protection of all children affected by armed conflict. We are an active member of the United Nations Security Council working group on children and armed conflict. I believe it will be an important part of the Indonesian presidency next year that they want to address this terrible issue.

My hon. Friend the Member for Henley talked about Africa, and I have discussed the Security Council issues a little. Uganda, Senegal and Ghana—I am not sure they are all on his hit list, and I have put them in reverse alphabetical order—are working with the US and other countries, looking at positive reform of the International Criminal Court. We would obviously like to see more activity in Africa, given the prevalence of concerns that have arisen from that part of the world, as my hon. Friend rightly pointed out.

The right hon. Member for Carshalton and Wallington made an important point about drones, their legality and the implications of the German High Court ruling. The MOD leads on this, but we will look closely at that German High Court ruling. Upholding IHL is already integral to any assistance that we would provide to other states. This matter is under review at the moment through the MOD.

[Tom Brake]

On that point, I and other Members here today would like something in writing from the Minister, once those discussions have been completed.

[Mark Field]

I am happy to undertake to do that.

I want to talk about the challenges that our UN peacekeepers face. In today’s modern conflicts, missions are facing increasing asymmetric and physical threats, and they can be targets themselves. The importance of finding political solutions remains paramount. We are committed to improvements in peacekeeping. We will continue to call for support to improve the three Ps of peacekeeping—planning, pledges and performance—as we, along with 63 nations, set out in a communiqué at the 2016 UN peacekeeping Defence ministerial meeting in London.

I realise that time is getting tight, and if there are matters that I have not been able to bring up, I will respond in writing. I will make sure my team looks through the Hansard transcript.

A key approach is that there should be no impunity. Primary responsibility for investigation and prosecution of the most serious international crimes rests with states themselves, but where those states are unable or unwilling to fulfil their responsibilities, other justice mechanisms, such as the International Criminal Court, have an important role to play. The UK remains one of the foremost contributors to the ICC, and we will work to ensure that the court undergoes the necessary reforms to enable it to fulfil its mandate as the court of last resort, as intended under the Rome statute. We have been strong advocates of ad hoc and hybrid international tribunals, such as the International Criminal Tribunal for the Former Yugoslavia and its successor, as well as the Special Tribunal for Lebanon and the Residual Special Court for Sierra Leone.

UN peacekeeping is an important aspect of the protection of civilians, and we will continue to work with the international community on it. In addition to our international efforts, we are working domestically to ensure that we are doing all we can to uphold IHL in the interests of protecting civilians. We have established a centre of excellence for human security, which will deliver extended training on the protection of civilians; women, peace and security; human trafficking and sexual exploitation; and cultural property protection. Ours is the first military in the world to have a dedicated national defence policy on human security. The centre will help other militaries. We have also had a safe schools declaration, to support the continuation of education during armed conflict, and the publication of our “Voluntary Report on the Implementation of International Humanitarian Law at Domestic Level”.

Mr Bone, I appreciate that you want to ensure that the right hon. Member for Cynon Valley has a moment to speak at the end of the debate, but, if I may, I want to conclude by saying that our support, recognised, I think, by everyone in the House, for the principles, rules and instruments of international humanitarian law remains unwavering. The robust framework is designed with the protection of civilians in mind. We take our responsibilities seriously, and I am glad that the House feels as strongly as we do. The review is under way, and I am convinced it will be a great success, not least because it will have input from Members here and from a range of bodies with these interests at heart. I hope we can discuss these matters again in the House before too long.

[Mr Peter Bone (in the Chair)]

Does the right hon. Lady want to wind up?

Hong Kong

Mark Field Excerpts

Tuesday 18th June 2019 Commons Chamber

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

(Urgent Question): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the subject of democracy and protests in Hong Kong.

[The Minister for Asia and the Pacific (Mark Field)]

The huge protest march this weekend was a further demonstration of the passionate strength of feeling among the people of Hong Kong about the proposed amendments to extradition laws. The people of Hong Kong have peacefully exercised their rights in recent days to freedom of speech, assembly and expression, all of which are guaranteed by the Sino-British joint declaration of 1984 and enshrined in Hong Kong Basic Law.

The most recent march was, thankfully, free of the scenes of violence witnessed during protests on 12 June. I note the allegations of inappropriate use of force by the Hong Kong police, which should, of course, be fully investigated by the Hong Kong Special Administrative Region Government.

It is positive that, on 15 June, the Government committed to pause, reflect and consult widely before taking further action. However, it is clear that this commitment did not fully address the concerns of the people of Hong Kong. I welcome Chief Executive Carrie Lam’s statement today, in which she said that she would not proceed with the Second Reading of the Bill if the fears and anxieties of the people of Hong Kong could not now be addressed.

In considering the way forward, it is vital that Hong Kong’s high degree of autonomy and the rights and freedoms set out in the joint declaration are respected in full. Those principles, along with the commitment to one country, two systems underpin Hong Kong’s future success and prosperity. As a guarantor of the joint declaration, the UK has a responsibility to monitor its implementation. This is a responsibility that we all take very seriously.

The joint declaration is a legally binding international treaty between the United Kingdom and China, and it remains in force. It is as relevant today as it was at the time of the handover in 1997. The Prime Minister and the Chancellor of the Exchequer both raised the situation in Hong Kong and the importance of upholding the joint declaration with Chinese Vice Premier Hu during the UK-China economic and financial dialogue that took place in London yesterday.

The permanent under-secretary at the Foreign Office also held a meeting in the Foreign Office with the Chinese ambassador yesterday, reinforcing our view that the joint declaration is an extant document underpinning one country, two systems and it is guaranteed until 2047. It must be upheld. I can assure the House that the UK Government are, and will remain, fully committed to the preservation of Hong Kong’s high degree of autonomy.

I am delighted that, in addressing this matter on the Floor of the House for the fourth time in six sitting days, there is such widespread support from all corners of Parliament for the rule of law, independence of the judiciary and the freedoms for the people of Hong Kong.

[Mr Carmichael]

I thank the Minister for that answer and I thank you, Mr Speaker, for allowing this urgent question. There are literally millions of people in Hong Kong who follow the proceedings in this House and who look to us for support in their fight to protect their human rights. It matters to them there that we here remember their position, and it is right that we should recognise your role, Mr Speaker, in getting this issue ventilated in the House.

The news that the Executive in Hong Kong had suspended the legislation for the extradition amendments was welcome as far as it went, but the message should go out from this House that it did not go far enough. We in this House stand with the 2 million people who took again to the streets in Hong Kong on Sunday to say that suspension is not enough. That legislation must be withdrawn for good. Will the Minister make it clear to the chief executive that that is the position of this country and that that is what her Administration must now do?

In recent weeks, the Chinese Foreign Ministry declared that the Sino-British joint declaration was meaningless and that it no longer had any realistic meaning. I welcome what the Minister has said on this today, but will he assure us that that will continue to be put forcefully to the Chinese Government at every opportunity, because for a fellow permanent member of the UN Security Council to take this view undermines the very idea of a rules-based international order. Will the Government now demand of the Chinese Government that they should resile from the view that they have previously expressed in relation to the joint declaration? It is a binding bilateral treaty registered with the United Nations. China cannot be allowed to pick and choose the obligations in international law that it will observe and honour.

People across the world were shocked to witness the violence used against peaceful protesters in Hong Kong last week. Legitimate democratic Governments do not use tear gas and rubber bullets against their own people when they choose to exercise their democratic right to protest. We hear that the Chief Executive is due to make an apology today to the people of Hong Kong for her handling of the affair. Does the Minister agree with me that that apology should extend to those who were harassed and injured as a result of what was done, and can we in this House send the message that we continue to watch what happens in Hong Kong and we will not sit mute as those who protested then are prosecuted when the spotlight of world attention has moved on?

The events of recent weeks in Hong Kong have been horrifying, but they should not have been surprising. For years now, the People’s Republic of China has been salami slicing the commitments it gave under the joint declaration. Sadly, the Executive Council has too often been complicit in that, but the commitments that have been broken are commitments to which this country has been a party. Will our Government now send the strongest possible message that we will not stand by and allow that process of salami slicing to continue?

--- Later in debate ---

[Mr Speaker]

I am very grateful to the right hon. Gentleman for his kind remarks. As the House knows, it is not for the Chair to arbitrate between the Government and the Opposition—between the policies of one party and those of another—and I do not do so, but this question has been granted, and it is the third time the House has treated of this matter in the last week, precisely because I sense that the House of Commons is genuinely shocked and outraged by what is happening. We respect the position of those demonstrators and we utterly deplore the treatment of them. This matter will continue to be aired in this Chamber for so long as Members wish it to be aired here.

[Mark Field]

Thank you, Mr Speaker. I am grateful that the whole House has a similar view on these concerns. The right hon. Member for Orkney and Shetland (Mr Carmichael) is absolutely right; we are addressing these matters, this debate will be shown in Hong Kong and it is important that we stand by the Hong Kong citizens whose rights are part of the duty that we have to uphold in order to ensure that one country, two systems is maintained.

We have called for the suspension of the extradition Bill and for further consultation. That is the right thing to do for two fundamental reasons. First and foremost, this must ultimately be a matter for the Hong Kong people. It is absolutely unacceptable for the UK Government to dictate terms, as it is for the Chinese Government to dictate terms in Hong Kong or other parts of the world. We are standing by the joint declaration and its terms, but ultimately it must be for the people of Hong Kong to determine. I am very well aware that, in diplomatic terms, it is important that we find a way for face to be maintained; that is important in the part of the world we are discussing. Therefore, the most desirable outcome would be a severe suspension sine die, but this is ultimately a matter for Hong Kong. Indeed, any judicial aspects of the matter are for an independent and free judiciary—a system that we believe is being upheld in Hong Kong, in contrast to what happens elsewhere.

The right hon. Gentleman makes a very good point regarding the rules-based order. As he says, given that both the UK and China are permanent members of the UN Security Council, there are opportunities there to raise the specific concerns he mentioned. We have made it very clear that not only do we regard the joint declaration as extant—it will continue to be in place for the period of the one country, two systems approach—but we will also continue to have six-monthly reports. We have made this very clear to the Chinese ambassador to the UK and to other officials. We get criticised every six months and we will make very plain our concerns including that, although we think that one country, two systems is operating fairly well, there is clearly some strain, not least in relation to freedom of expression and freedom of assembly. Clearly, the next report will go into great detail once the dust has begun to settle on what has happened. I thank the right hon. Gentleman for continuing to express his strong interest, and I know he speaks for many in the House. The Foreign and Commonwealth office led with a statement last week, and we will continue to keep the House updated.

[Fiona Bruce (Congleton) (Con)]

I hear what the Minister says about this being a matter for the Hong Kong Government, but does he agree that some 2 million people repeatedly taking to the streets in Hong Kong is a sign of wider concerns about Hong Kong’s increasing democratic deficit over the past few years—with booksellers being abducted, democratically elected representatives not being allowed to take their seats and academics being imprisoned over freedom of speech? It is not just about the proposed extradition Bill; there are concerns much more widely about freedoms in Hong Kong. Does the Minister agree that the Hong Kong Government should be initiating democratic reforms to avoid a repeat of such incidents?

[Mark Field]

My hon. Friend is absolutely right. Hongkongers are used to having rights, freedoms and the rule of law, but they do not have access to the political levers that citizens of other advanced economies take for granted, so when their Government try to push through a law that the great majority of the public bitterly oppose, they cannot simply vote that Government out of office; and because so many opposition legislators have been removed, they also cannot rely on their elected representatives to block the law. As a result, action on the streets has tended to be the only answer. We think there should and must be another way. Perhaps we will discuss later during this urgent question some of the democratic reforms that might be put in place.

[Helen Goodman (Bishop Auckland) (Lab)]

Thank you, Mr Speaker, for granting this urgent question; I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing it.

Hong Kong is one of the most important international cities in the world, but in the past fortnight it has been plunged into utter chaos. Over the weekend, 2 million people took to the streets to protest against the extradition Bill. That is nearly one third of the entire population of Hong Kong. Although the Opposition welcome the suspension of this disastrous Bill, suspension is not enough. The Bill needs to die. It is an affront to democracy and the rule of law in Hong Kong, and a fundamental breach of the one country, two systems principle. A grovelling apology by Carrie Lam this morning and promises of greater consultation do not change this fact. The Hong Kong Executive now have a choice to make. If they listen to their citizens, the Bill will be scrapped. These protests should also prompt serious reflection on the condition of democracy in Hong Kong, and on the increasing crackdown on dissent and protest. It is time to put democratic reform back on the agenda in Hong Kong.

I am disappointed that the Minister does not feel able to take a view on the contents of the Bill. We do not have an extradition agreement with China, so why should Hong Kong? I raised my next point during the last urgent question on the subject, but did not get a very clear answer, so let me ask the Minister again: if the Hong Kong Executive decide to push on with the Bill’s implementation, will the Government review the UK’s extradition arrangements with Hong Kong?

[Mark Field]

The hon. Lady will be aware that extradition issues are a Home Office matter—that is not to try to get out of the issue, but clearly I do not want to step on the toes of another Government Department in making a firm commitment along the lines that she would have me make. We agree very much with her view that although the proposal is not necessarily in breach of the joint declaration, which is silent on the issue of extradition, it is clearly in breach of the notion of one country, two systems as well as the sense that there should be the rule of law and the idea of the common law system that is in place.

[Several hon. Members rose—]

[Richard Graham (Gloucester) (Con)]

The Hong Kong Government have suspended the extradition Bill, and may withdraw it altogether, because of the freedoms of expression and assembly. That is the direct link to the joint declaration and its importance. It is a tribute to the people of Hong Kong that they have exercised their rights so effectively. I congratulate the Minister and the Secretary of State on their defence of the joint declaration and on their tone, for Hong Kong is a territory whose future we wish to be very bright. Does my right hon. Friend agree that the Chinese ambassador has continued to be wrong in saying that the joint declaration is a document that is effectively past its sell-by date, and will he ensure that when, in due course, a new Chinese ambassador arrives at the Court of St James, this point is made very clear to him or her?

[Mark Field]

I thank my hon. Friend, who is, as Mr Speaker rightly says, a well-known Sinologist and has a lot of experience and knowledge of this matter. He will appreciate that diplomacy requires that I have discussions in private, but I felt it was unacceptable when we heard the ambassador, only last week on the BBC’s “Newsnight” programme, make the statement, which has been made in writing in the past, that this was a historical document that had no relevance to the future of Hong Kong. Nothing could be further from the truth. As I mentioned in my initial comments, the permanent under-secretary had a conversation with him in the Foreign Office only yesterday, making very clear the UK Government’s position on this matter.

[Stephen Gethins (North East Fife) (SNP)]

Thank you, Mr Speaker, for allowing this urgent question. The right hon. Member for Orkney and Shetland (Mr Carmichael) was right in his sentiments about the importance of this issue and in saying that the UK has a particular responsibility to Hong Kong. To be fair, the Minister has acknowledged that himself in maintaining the commitments in the joint declaration, and also in highlighting the importance of the international rules-based order to us all. I know that he agrees, but it would be good if he could reiterate that citizens of a free society must be able to express their views freely without any fear of violence. We need to send that message out from across this House. No protest must ever be met with violence, and any resolution to this crisis must have the protection of the rule of law at its heart. Does he agree that the rule of law and adhering to the rules-based system is going to be key to Hong Kong’s future prosperity as a society, but also to its economy?

[Mark Field]

I very much agree. I thank the hon. Gentleman, and indeed the SNP, for their very constructive views on this matter. It is very powerful that the House holds together on this issue. Of course there will be times when we have disagreements on the way in which we go about this, or other bits of business, but I think we are sending a very powerful message to our friends in Hong Kong, but also to the Chinese Government, about the unity of minds on this. Yes, we will very much stand up for the idea of the rule of law. That is vital for the success not just of Hong Kong but of China.

Let me turn to the economic dialogue. As I think hon. Members will understand, these things are organised many months in advance, and it is a coincidence that at the height of the Hong Kong crisis we were having an international economic dialogue here in London. One of the cases we made very robustly was about the importance for China of Hong Kong as a financial, and indeed professional, services centre reliant on a rules-based system but also on a UK legal system. That has provided much confidence for external investors. Without Hong Kong, the ambitions that China has for the belt and road initiative, and other bits of its infrastructure planning for the future, will be much more difficult to achieve. That is very much the case that we make to our Chinese counterparts—that having this special status for Hong Kong is in China’s interests as much as Hong Kong’s.

[Tim Loughton (East Worthing and Shoreham) (Con)]

Whether in respecting one country, two systems or the Chinese constitution that supposedly respects and protects the cultural diversity of various regions within China’s borders, the Chinese regime, as it has consistently shown itself, is not to be trusted. One need only look at the 1 million Tibetans who have lost their lives since the Chinese invasion, the countless hundreds and thousands more who have disappeared or are languishing in Chinese jails well away from their families with no access from their families either, or the 1 million Uighurs currently in so-called re-education camps. I therefore welcome the robust position that the Government are taking and urge them to go further. Will the Minister also remember that it is not just Hong Kong where we need to have serious concerns about the Chinese human rights record?

[Mark Field]

I thank my hon. Friend for his great and long-standing interest in the proactive approach that we take to human rights, and the rule of law, in trying to influence these matters. We will raise, regularly and at all opportunities, broader human rights issues with the Chinese authorities. However, as he will be aware, Hong Kong has a special status. The nature of the joint declaration means that Hong Kong is in a different position. There are two systems as well as a single country at stake. While I very much accept what he says about the broader human rights issues, there are some fundamental, distinctive issues in relation to Hong Kong, and it is right that we take this opportunity to put them very firmly on the record.

[Hilary Benn (Leeds Central) (Lab)]

Given previous reports of individuals who have disappeared from wherever they were only then to turn up in China facing charges, the whole House understands completely why the people of Hong Kong are so anxious about their rights and so opposed to this piece of extradition legislation. The best thing that Carrie Lam can do is to say that it is being scrapped altogether. What remedy is there if either of the parties, but in this case China, decides not to abide by commitments freely entered into in the joint declaration to protect the people of Hong Kong and the one country, two systems state in which they thought they were living?

[Mark Field]

The right hon. Gentleman makes a good point about remedy. There is not an arbitration process as part of the joint declaration, but it is none the less a document that is very publicly on the record after two leading members of the international community signed it freely some 35 years ago. On a direct legal remedy, I am afraid that I cannot provide the assurance that he might ideally be looking for. In 2016—he has alluded to this—we called out a breach of the joint declaration following the involuntary removal of the Causeway booksellers from Hong Kong to the mainland. This was, to date, the first and only time that we have called out a direct breach of the joint declaration. As he says, the issue of remedy is a complicated matter. However, at a time when China wishes to be trusted and to play a much broader role economically, militarily and diplomatically in the international community, I very much hope that the sense in which it is directly breaching aspects of a joint declaration made some 35 years ago will make it think twice.

[Stephen Crabb (Preseli Pembrokeshire) (Con)]

Was the Minister struck, as I was, not just by the sheer size of the demonstrations in Hong Kong but by the incredibly peaceful and responsible way in which people protested, which makes the response of the Hong Kong authorities all the more shocking? Does he agree that the right to peacefully protest is one of those essential, cherished democratic freedoms that we believe in and that we believe should be in place for the people of Hong Kong?

[Mark Field]

I very much agree with everything that my right hon. Friend says.

[Catherine West (Hornsey and Wood Green) (Lab)]

As the House is aware, the three pillars of good foreign policy are national security, human rights and trade. Is the Minister completely sure that yesterday’s dialogue with Mr Hu, in which the economic relationship was debated, got the balance right between the human rights question, particularly in relation to Hong Kong, and trade? I ask that because we need to be strong with regard to the trade question, despite the position that we find ourselves in domestically, so that we can have the backbone and the strength to have good relationships on all these other matters. We also need to give assurances to the people of Hong Kong that they shall never walk alone.

[Mark Field]

I very much hope that we have given the latter assurances to which the hon. Lady refers. We do not see this as a choice between securing growth and investment for the UK and raising human rights—we will always do that. There will be a time to do it, perhaps quietly outside the public domain. I think it is respected more by many of our Chinese counterparts if we do not engage in megaphone diplomacy. Our experience, as we make very clear to our Chinese counterparts, is that political freedoms and the rule of law are vital underpinnings both for prosperity and for stability, and that by having a strong relationship with China, including over Hong Kong, we are able to have the more open discussions on a range of difficult issues, including human rights in other parts of mainland China.

[Michael Fabricant (Lichfield) (Con)]

For 2 million people to demonstrate out of a total of 7 million is a phenomenon in itself, and it would be invidious, in some ways, to pick any one hero out of those 2 million heroes. However, will my right hon. Friend join me in praising the work and bravery of a 22-year-old young man, Joshua Wong, who has spent more than half of the past seven years in prison because he believes in the rights and freedom of the people of Hong Kong? Further, will my right hon. Friend maintain that it is wrong to send him to prison for simply asking for the rights that are enshrined in the agreement?

[Mark Field]

As my hon. Friend rightly says, it would be invidious to pick out one individual. We do stand up for the independence of the Hong Kong judiciary, so the sense that there was anything improper in the legal proceedings is not something with which I would necessarily wish to associate myself. He makes a good case: there are some very brave people who recognise that this is a crossroads moment—a vital moment. It is one reason why it is important that we are standing up for Hong Kong. It would perhaps be easy for us to step back, and that signal would be misinterpreted by Beijing. We do not wish that to happen. We will stand up for one country, two systems as long as the joint declaration is in place, not least, as I have again said, because we believe it is in the interests of Beijing and China, as much as in the interests of the Hong Kong people.

[Nick Thomas-Symonds (Torfaen) (Lab)]

The Minister has quite rightly set out the framework of rights that underpins the one country, two systems approach. Clearly, the reality on the ground is that democratic freedoms have been eroded, as of course has the right to privacy, with increasing covert surveillance. What practical steps can the Minister and the Government take to put democratic reform back on the agenda in Hong Kong?

[Mark Field]

The hon. Gentleman makes a valid point. He is right—we have mentioned in recent six-monthly reports that we have had a sense, as he said, that there has been an erosion of individual rights. There has not been an erosion of commercial rights. In many ways, the commercial thing continues at quite some pace.

Ultimately, it must be for the people of Hong Kong to determine the way in which they appoint both their Chief Executive and their Legislative Council. I think there will be a move towards reform in that regard. As the hon. Gentleman is well aware, there are safeguards, and within that there is an electoral system for groups. As for the election of a Chief Executive, that is largely led by Beijing. It is worth pointing out that we have worked closely with Carrie Lam. I have met her on a couple of occasions, and she is a dedicated public servant. To be candid about talk about removing her from office, one should be careful about one wishes for, because if someone else were appointed, particularly under the current rules, they could be a much more hard-line Beijing figure.

[Jeremy Lefroy (Stafford) (Con)]

The words “rule of law”, are much used on both sides of the argument, both in Hong Kong and in the People’s Republic of China. Does my right hon. Friend agree that the rule of law is only there if one looks at the rules themselves, at how they are made, and at punishments? In addition, they should be underpinned by the universal declaration of human rights. That is what the rule of law means.

[Mark Field]

I would agree with what my hon. Friend says. He takes these matters seriously, and has dealings with leading figures from Taiwan who are based in London. He will be aware of the constraints that we are under in the Foreign Office and the Ministry of Defence in standing up for One China. Equally, there is a terrific amount of work that goes on in relation to trade and in educational exchanges with Taiwan. Taiwan is succeeding very rapidly as a country, not least because it stands up for the rule of law in the way in which my hon. Friend describes.[Official Report, 19 June 2019, Vol. 662, c. 5MC.]

[Thangam Debbonaire (Bristol West) (Lab)]

Without true democracy there is no real accountability, so protest is all that the people of Hong Kong have. I hope that they feel the solidarity from all parts of the House. What can the Minister tell us about the worrying allegations of police violence? What more can he tell us about his inquiries, or inquiries by his Department, into the nature, extent and possible consequences of allegations of violence and whether any of the alleged victims are UK citizens? What more is he doing to impress on the Chinese that this is not an appropriate response to peaceful protest?

[Mark Field]

As far as I am aware, there are none who are UK citizens, and clearly there would be consul considerations if that were the case. It is worth pointing out to the hon. Lady that it really is not for us to dictate. We would like the Hong Kong authorities to recognise that it is their responsibility, as they did in relation to the Umbrella protests, in which some police who used brutality were fined and others were imprisoned as a consequence. It really is not for us—it is a dangerous line to tread if, as an outside Government, we try to dictate what should happen in Hong Kong when it comes to what is ultimately a judicial matter. We very much call on the Hong Kong authorities to take the allegations seriously and investigate them properly.

[Julia Lopez (Hornchurch and Upminster) (Con)]

I confess that I have been moved by the passion with which Hong Kong citizens have sought to defend the sacred principle of the rule of law, and they have sent an incredibly powerful message across the world that has certainly been heard in London. The Minister anticipated my question in one of his answers, but does he agree that the one country, two systems principle is beneficial not just for the inhabitants of Hong Kong but for those in mainland China, because the legal certainty in Hong Kong offers them a commercial gateway through which to access the rest of the world? We do not need to find ourselves in conflict with Beijing in defending the territory’s unique characteristics.

[Mark Field]

I thank my hon. Friend. She is absolutely right, and that is a message that we try to put across. She will be aware that Hong Kong, along with Shenzhen and Guangzhou, is part of a greater bay area. One hopes that the experience will permeate that part of mainland China, so that people recognise the benefits of a one country, two systems approach. While the guarantee is in place until 2047, it is very much the UK Government’s hope that the benefits of one country, two systems in Hong Kong and perhaps a wider area will exist beyond that time, with benefits for China looking forward. It is important that we make that case to our Beijing counterparts in all that we do in relation to the issue of Hong Kong’s unique position.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing the urgent question. Does the Minister agree that the reality is that all that the People’s Republic of China is seeking to achieve in Hong Kong is the legalisation of what it has been doing for years, which is legally kidnapping people from Hong Kong and taking them to China?

[Mark Field]

As I have said, and as the hon. Gentleman will understand, we felt that there was a direct breach of the joint declaration in the episode to which he alludes, which happened some three years ago. This is unacceptable. Hong Kong citizens and British national overseas have particular rights that we will constantly stand up for. We feel that it is the wrong way forward—it is not something that we accept, and we feel that such episodes are absolutely in breach of the joint declaration.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

The Minister will have seen reports from lawyers in Hong Kong that the police in Hong Kong have access to the health authority system to check whether injured protesters have been admitted to hospital. What representations has he made to ensure that the protesters’ civil and legal rights are respected?

[Mark Field]

I am very concerned by what the hon. Gentleman says on this matter. I think we all know there is great concern about what has been happening in Xinjiang state in north-west China. There is a sense that what is potentially happening for 1 million citizens may apply to many others. We are living in a world with more opportunity for electronic and other surveillance by authorities—and that applies to authorities in the west, as it does elsewhere. There are concerns, and we would be concerned if we heard that individuals who found their face on a CCTV camera were quietly arrested in the months ahead. We will keep an eagle eye on that development, and we hope as parliamentarians that we are made aware of any such breaches, because it is something that our consul general, Andy Heyn, and his team in Hong Kong would wish to make clear to the authorities would be totally unacceptable.

Bill Presented

Universal Credit Sanctions (Zero Hours Contracts) Bill

Presentation and First Reading (Standing Order No. 57)

Chris Stephens, supported by Frank Field, Neil Gray, Rosie Duffield, Mhairi Black, Ruth George, Hannah Bardell, Neil Coyle, Grahame Morris, Jonathan Edwards and Steve McCabe, presented a Bill to amend the Welfare Reform Act 2012 to provide that a Universal Credit claimant may not be sanctioned for refusing work on a zero hours contract; and for connected purposes.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 406).

Hong Kong

Mark Field Excerpts

Thursday 13th June 2019 Commons Chamber

[The Minister for Asia and the Pacific (Mark Field)]

The proposed changes to Hong Kong’s extradition laws have understandably caused grave concern in Parliament and across the country. Already this week I have responded to an urgent question and an Adjournment debate on the issue. I should now like to update the House on the latest developments.

Overnight on 11 June, thousands of mainly young protesters blocked the roads around the Hong Kong central Government offices and the Legislative Council complex. There have also been violent exchanges between protesters and police. I appreciate that these scenes will have shocked many Members of the House and many millions of our constituents, and I should like to take this opportunity to appeal again for calm and considered dialogue.

Freedoms of association, speech and expression are all guaranteed by the joint declaration signed in 1984 by the Government of the People’s Republic of China and the United Kingdom and enshrined in the Hong Kong Basic Law. I am sure that the House will join me in expressing grave concern at the violence that has occurred. It is imperative not only that any protests are conducted in a peaceful manner, but that the authorities’ response is proportionate.

Despite the violence that occurred yesterday—I should report that since that time, there has mercifully been calm in the vicinity of the Hong Kong buildings to which I referred—it is important to recognise the unprecedented and overwhelmingly peaceful expression of public opposition that we saw at the march on 9 June, with families, church groups, business owners and professional associations all well represented. This was one of the largest single demonstrations of public concern in Hong Kong since the handover in July 1997.

There can be no doubt that the strength of public feeling in Hong Kong is profound about the proposed changes to Hong Kong’s extradition laws, and of course their broader implications. As the Foreign Secretary made clear in his statement yesterday, we urge the Hong Kong Government, even at this late stage, to heed those concerns and to engage in meaningful dialogue with local and international stakeholders. Now is surely the time to pause to reflect upon the impact of these controversial proposals. It is vital that the measures are subject to full legislative scrutiny and that the Hong Kong Government give proper consideration to all alternative proposals.

The proposed Bill had been due for a Second Reading on 12 June. However, the planned debate has been postponed until further notice owing to the protests. A vote on the proposals was due on 20 June. It is not clear yet whether the protests will affect that timetable.

Madam Deputy Speaker, you will already be aware that the UK Government are fully engaged on this issue. I spoke on Monday about some of the actions we have already taken, including the Foreign Secretary’s joint statement with his Canadian counterpart on 30 May, the British consul general’s statements locally, and our engagement with all levels of the Hong Kong Government, including the Chief Executive, Carrie Lam, herself. In all these contacts we have reiterated our message of allowing time for proper consultation, and for adequate safeguards to be included in any legislation to address key human rights concerns.

In addition to the Foreign Secretary’s statement yesterday, in which he called upon the Hong Kong Government to listen to the concerns of the people and to take steps to preserve Hong Kong’s rights and freedoms and its high degree of autonomy, he also made those concerns clear directly to the Chief Executive, Carrie Lam. We shall continue to engage the Hong Kong Government on this critical issue and to raise our concerns with the Chinese Government, reiterating the fundamental importance of upholding the Sino-British joint declaration.

The British consul general to Hong Kong, Andy Heyn, most recently discussed developments in Hong Kong, including the extradition proposals, with the Director of the Hong Kong and Macao Affairs Office and the Chinese Ministry of Foreign Affairs in Beijing in April 2019.1 have been in very close contact with him in recent days.

I note that the Chinese ambassador to London commented on the BBC’s “Newsnight” programme last night that the joint declaration is, as he put it, an “historic document” that has “completed its mission”. Once again I strongly disagree. The joint declaration remains as valid today as it was when it was signed over 35 years ago. That joint declaration is a legally binding international treaty, registered with the United Nations. Its objectives clearly apply to both of its signatories—the Government of the People’s Republic of China and the UK. It remains in force, and it remains acutely relevant to the conduct of day-to-day life in Hong Kong. We expect China to abide by its obligations.

I should make it clear that we do not believe that the proposed changes to the extradition laws in themselves breach the joint declaration, as the treaty is silent on matters of extradition. However, we are concerned that the proposals, as currently framed, risk leaving the extradition process open to political interference. That could, of course, in future undermine Hong Kong’s high degree of autonomy and the rights and freedoms, guaranteed in the joint declaration, that are of course central to its continued success. Those concerns are heightened by the knowledge that the court system in mainland China lacks many of the judicial safeguards that exist in Hong Kong. We remain concerned about the continuing detention and trials of human rights lawyers and defenders, and the lack of due process and judicial transparency within mainland China. There is, of course, alarm at the prospect that fear of politically motivated extradition to China could cause a chilling effect on Hong Kong’s rights and freedoms, and more insidiously might result in increasing self-censorship.

Hong Kong matters hugely to the United Kingdom, not only because of our shared history. There are some 300,000 UK citizens living there, and many more travel to and through Hong Kong every year. Hong Kong is one of the most thriving, exciting, dynamic cities in the world. It retains its distinctive identity, both within China and internationally. It is, of course, a global financial centre and serves as a gateway to one of the biggest markets in the world.

We remain committed to strengthening our rich and wide-ranging relationship with Hong Kong. We shall continue to work together as partners in support of global free trade, and we shall continue to develop our bilateral trade links with Hong Kong. However, it is also vital for Hong Kong’s continuing success that one country, two systems is fully protected, and that the rights and freedoms that make Hong Kong such a prosperous city are safeguarded.

I once again call on the Hong Kong Government to pause, to reflect and to take meaningful steps to address the concerns of the people, businesses, the legal professionals, judges and the international community about the proposed changes to the extradition law. We must, and we shall, continue to press them so to do. I commend this statement to the House

[Emily Thornberry (Islington South and Finsbury) (Lab)]

I thank the Minister of State for advance sight of his statement, and for the customary tone of concern and deliberation that he brings to these issues. At the outset, I should like to ask him a couple of specific questions about the proposed extradition Bill, which I do not think were covered in his statement.

First, have the Government sought or received any safeguards from the Hong Kong authorities that, once that proposed Bill is on the statute book, the powers it contains cannot and will not be extended to include the extradition of political activists and dissidents? Secondly, what safeguards have been sought or received with respect to British citizens living in Hong Kong and British national (overseas) passport holders, should the proposed extradition Bill be passed?

However, as the Minister of State has rightly observed, our concerns go deeper than those specific issues—the implications of the extradition Bill and the violent protests we have seen on the streets of Hong Kong in recent days. Our concerns also must go to what has undoubtedly been the steady erosion over recent years of compliance with the joint UK-Sino declaration, signed in 1984—the agreement that was supposed to enshrine the one country, two systems approach, to ensure

“a high degree of autonomy”

for Hong Kong and to protect its political, cultural and social rights and freedoms for at least 50 years after the 1997 handover. Just 22 years on, we see those freedoms and that autonomy being steadily taken away.

Last September the Hong Kong National party was banned, on so-called grounds of “national security”—the first time since 1997 that any Hong Kong party had been outlawed by the authorities. In April, nine individuals—students, professors and human rights activists—were found guilty of “incitement to public nuisance”, just for the supposed crime of organising the 2014 umbrella protests, facing sentences of up to seven years in prison. Now we have the proposed extradition Bill, which many fear is the thin end of the wedge when it comes to Hong Kong’s judicial independence. No wonder opinion polling by the University of Hong Kong has found that public confidence in the one country, two systems commitment has fallen from 77% in 2008 to just 40% today. No wonder our Foreign Affairs Committee has said that China is moving closer to a “one country, one system” approach. It is, sadly, no wonder that we have, as a result, seen protests in Hong Kong in recent days, and the growth of the pro-independence movement in recent years.

So the big question today is, what are the UK Government prepared to do to demand that the Chinese authorities go back to the commitments that they made in the 1984 statement? As the Minister of State has said, the Chinese ambassador said last night that that is an historic document. But the Chinese have been saying that for two years. Two years ago they said it was an historical document that had no “practical significance” and was “not binding”. I agree with the Minister of State when he condemns those comments, but we have to ask, is it any wonder that the Chinese are so dismissive of the joint agreement, and prepared to commit flagrant breaches of it, if we as a country are not prepared to protest when they do so? Let me make it clear: I mean that not as a personal criticism of the Minister of State, but as a general indictment of the Government’s approach over recent years, which has not been as clear and robust as just set out by the Minister of State.

I am not the only one making that indictment. Last year it was Chris Patten, the former Member for Bath, the last British Governor of Hong Kong, who described the Government’s stance toward China as craven, in seeking a trade deal at the expense of advocacy for human rights in Hong Kong. He said that a series of

“outrageous breaches”

of the 1984 declaration had prompted little more than

“a slightly embarrassed clearing of the throat”

and some

“tut-tutting”

from the Government. This is a theme going back to 2015, the year after those umbrella protests, when George Osborne visited China and was praised by the state-run media for being

“the first Western official in recent years who has stressed more the region’s business potential instead of finding fault over the human-rights issue”.

Last year, after her own visit. the Prime Minister was praised by the Chinese state media for “sidestepping” human rights in favour of “pragmatic collaboration”. They concluded:

“For the Prime Minister, the losses outweigh the gains if she appeases the British media at the cost of the visit’s friendly atmosphere.”

But those losses do not outweigh the gains if they amount to the erosion of democracy and autonomy in Hong Kong, if they amount to the abandonment of the 1984 joint agreement, and if they amount to the endangerment of the rights and freedoms of Hong Kongers, including British nationals and passport holders.

Let me end by asking the Minister what action he and the Government will be taking, not just to express concern about these recent events, but to end their “craven” approach to China and to demand that the Beijing Government return to honouring the terms of the 1984 agreement.

[Mark Field]

I thank the shadow Foreign Secretary for her contribution, and I strongly agree with what she said towards the end of it. We clearly must stand up at this stage, as indeed we have. I think it is a misapprehension to suppose that we have been “craven” in relation to the very delicate issues in relation to China, which are broad-ranging and involve not just trade but other aspects of a relationship with a leading nation in global affairs.

We believe it is vital that the extradition arrangements in Hong Kong are in line with the high degree of autonomy and the rights and freedoms set down in the joint declaration. We believe that that is vital not just to Hong Kong’s best interests, but to China’s. It is very evident that, even if there is a self-interest on the part of the People’s Republic of China, from its perspective a recognised global offshore financial centre providing not just financial but legal services—the idea of a common law legal system, and the idea of having the confidence of international capital markets—will be vital to its own economic growth, and not least to the future of its ambitious belt and road initiative.

We are, however, very concerned about the potential effects of these proposals, and we would like to see a pause. As the right hon. Lady will know, this issue came to the fore not—according to our understanding—at Beijing’s behest, but as a result of a particularly difficult case: that of a Hong Kong national who had allegedly committed a murder in Taiwan and then returned to Hong Kong for his extradition to be made to Taiwan. The Taiwanese authorities have not demanded that. None the less, that has made for a difficult situation as far as extradition is concerned.

As I said on Monday in response to the urgent question from the hon. Member for Hornsey and Wood Green (Catherine West), we fully understand that there are wide ramifications, such as the prospect of relatively minor offences being subject to extradition involving UK or, indeed, other non-Hong Kong nationals and their being sent back to China on what might be trumped-up political charges, particularly given the anti-corruption drive introduced by President Xi’s Administration.

I hope that you will indulge me, Madam Deputy Speaker, and allow me to say a bit more. The right hon. Lady raised some general issues about the UK-China relationship, and I think that it would be appropriate to erase them at this stage.

We all know that the growth of China presents great opportunities, but also challenges. It is in our interests for China to support a rules-based international system, but it is pushing back in some key areas in that regard. We believe that the system is under huge strains, for a variety of reasons. We are entering a period of greater strategic competition, and engaging with China is vital for the preservation and evolution of existing structures. However, we do and will continue to challenge it when we disagree with, for instance, its approach to freedom of navigation in the South China sea. We speak up very strongly on human rights violations, such as those in Xinjiang.

We are active in ensuring that Hong Kong’s specific rights and freedoms, and high degree of autonomy, are respected in full. We take a very clear view of our own national security, along with other countries. Only last December, we named China as being responsible for a particularly damaging cyber-intrusion.

As we look to the coming decades, it is clear that our relationships with high-growth economies such as China will be increasingly important, not only to our growth but to the shape of the global system in the face of technological transformation. Striking a balance—there will, inevitably, always be a balance, but striking the right balance in our relationship—will be more important than ever.

[James Duddridge (Rochford and Southend East) (Con)]

I am a sinophile, but Beijing’s current interactions with Hong Kong are deeply unhelpful, which is a particular issue because Hong Kong can be a bridge into and out of China. In 2017, on the eve of Carrie Lam’s ascension to the role of Chief Executive, I visited Hong Kong with other Members of Parliament, and met not only civil society groups but members of the legislature. Even back then, there was a palpable sense that there was a wrong trajectory, and a wrong pace towards greater integration. What message can we send from the House to civil society in Hong Kong, and in particular to members of the legislature, to show that we are there for them and are watching what is happening?

[Mark Field]

My hon. Friend obviously takes a great interest in these matters, having been a Foreign Office Minister in the past himself. I think that the biggest message we can send is the very fact that so much attention has been paid to the issue. This is the third parliamentary debate on it. Our debates are clearly followed avidly in Hong Kong, and will continue to be so.

We want to see peaceful demonstrations. It is worth pointing out that the rule of law does apply to demonstrations. At the time of some of the Occupy movement demonstrations, when there was an over-reaction, or a perceived over-reaction, from the Hong Kong police, fines and indeed prison sentences were meted out. We want to ensure that the rule of law and the autonomy that allows freedom of expression in Hong Kong are maintained. That is underpinned in the joint declaration, and, indeed, in all the arrangements that underpin the essence of one country, two systems.

[Hannah Bardell (Livingston) (SNP)]

I am grateful for advance sight of the Minister’s statement, and I welcome his strong words, but those strong words must be matched by strong actions.

Legal professionals have expressed concern about the rights of those sent across the border to be tried. The conviction rate in Chinese courts is as high as 99%, and arbitrary detentions, torture and denial of legal representation of one’s own choosing are common.

I am sure the Minister will agree that the fundamental rights of freedom of expression and assembly have been shown to be at risk in Hong Kong, with at least 72 protesters hospitalised by police. I wonder whether he has seen some of the social media reportage of protesters who have been protecting journalists. One journalist working for CBS Asia had been given a helmet and protected from tear gas by protesters. The protesters were also turning up the next day to clean up rubbish and ensure that it was recycled. I think that demonstrates the spirit in which they are trying to express their views.

Does the Minister agree that police violence such as this is unacceptable? What representations has he made, and will he make, to his counterparts in Hong Kong about the need for a de-escalation?

Many Hong Kongers fear that authorities will use the proposed extradition law to target political enemies, and have expressed concern about arbitrary detentions and the use of torture. Following a recent report from the Foreign Affairs Committee which called for the Foreign and Commonwealth Office to redouble its efforts to

“hold China to account through UN mechanisms, public statements and private diplomacy for its human rights violations”,

what conversations have the Foreign Secretary, and the Minister himself, had with his Chinese counterpart about the need to protect human rights and freedom of expression?

[Mark Field]

I thank the hon. Lady for her constructive comments. I think we know from what we have seen on our television screens and on the vast social media that this issue is of grave concern—as she said, 72 people have apparently been hospitalised. As I said in my response to the urgent question on Monday, our biggest single concern is that the Chinese legal system is so disaligned with the Hong Kong system, which has led to arbitrary detentions, delays and the like.

We clearly want to see no violence either from protestors or in disproportionate action from the police, and clearly we would hope, and very much expect given what has happened with the Occupy movements in years gone by, that those guilty of disproportionate action or indeed of violence would be properly brought to account.

Representations are made to the Chinese Government on a vast range of areas; they are meat and drink to all of us as FCO Ministers, as they are to Ministers in a number of other Departments. We will continue to have a six-monthly report on Hong Kong; we are criticised at every opportunity by the Chinese embassy for so doing, but we believe the one country, two systems model must be maintained. The management of it is obviously a matter for the Hong Kong Government; however, the Chinese Government are on record as supporting the extradition proposals.

We will continue to raise Hong Kong at all levels with China, and clearly, as the hon. Lady will appreciate given the importance of the issue, over the course of this week there have been plenty of opportunities, both with China and our Hong Kong counterparts, to make clear our grave concerns, which are shared by millions of our constituents.

[Sarah Newton (Truro and Falmouth) (Con)]

The Minister has made a very important statement today. He has absolutely confirmed that the Government are going to step up their support for the joint declaration treaty and look at what more we can do to enforce it, and of course that is welcome, but I am very concerned—as I am sure others across this Chamber and across the nation are—for the more than 300,000 British citizens who are in Hong Kong now. While we all want to see a peaceful resolution through strong diplomacy to resolve this issue, what assurance can the Minister give us that the FCO stands ready to support our citizens should the situation deteriorate?

[Mark Field]

My hon. Friend is absolutely right: we will do our level best and do whatever we can from our side to calm some of the passions, not least because of our 300,000 UK nationals there. We are not aware at present of any British nationals being caught up in the violence of the past 48 hours. The question of British nationals overseas was brought up by my hon. Friend’s constituency neighbour, my hon. Friend the Member for St Austell and Newquay (Steve Double), and we do have some ongoing obligations in that regard.

We are concerned about the potential detrimental impact of these extradition proposals on the rights and freedoms of all people resident in and travelling through Hong Kong. At present the FCO is not providing specific advice relating to the proposed extradition Bill as it affects British nationals overseas, particularly as this legislation is still under consideration. However, we do believe that it is of the utmost importance that any extradition arrangements respect the high degree of autonomy and the rights and freedoms of the Basic Law. The arrangements will of course apply to all citizens, but we particularly have British nationals overseas and UK nationals very much in our heart, and will ensure our consul general does all he can to deal with any of the concerns raised.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Yesterday a young Hong Kong woman came to my office and showed me pictures of what had happened to friends of hers who had been protesting in Hong Kong. She showed me videos of tear gas being used and the injuries they had sustained as a result of rubber bullets being used. These things happen because the authorities that employ these methods think they can get away with it. She understood, as I think we should all understand, that the joint declaration is now under attack not just from the People’s Republic of China but from Carrie Lam’s Administration in Hong Kong itself.

As the hon. Member for Rochford and Southend East (James Duddridge) said, the question is what signals we send, and I have to say to the Minister that the signal that he sends today in saying that the UK Government do not see the extradition changes as a breach of the joint declaration is fundamentally wrong and has to change. The purpose of that joint declaration is to protect the human rights of the people of Hong Kong. The legislation proposed by Carrie Lam’s Government is a fundamental attack on these human rights, and if we are to stand by the joint declaration we should be opposing these changes unambiguously and vigorously at every turn. I have to say to the Minister that it is not good enough to hide behind a question of legal construction when this is actually about our political determination.

[Mark Field]

I think that is a rather unfair characterisation of our position, if I may say so. I know that the right hon. Gentleman has a long-standing interest in Hong Kong—this has been our third exchange at the Dispatch Box over the course of this week—but I was merely making the point that the joint declaration was silent on the issue of extradition. We very much feel that the spirit of the joint declaration is fundamental, for the reasons I have set out about the high degree of autonomy, freedom of expression and the like, but I was just making the narrow point that extradition was not raised in the joint declaration of 35 years ago.

The right hon. Gentleman touched on the use of tear gas and rubber bullets, and I would therefore like to talk a bit about export licences; I know this has been brought up in the pages of The Guardian today. The last export licence from the UK for tear gas hand grenades and tear gas cartridges used for training purposes by the Hong Kong police was in July 2018. The last export licence for rubber bullets was in July 2015. We rejected an open licence for riot shields as recently as April 2019. The issue of export licences is close to all our hearts, and it comes up time and again in our work overseas. We are monitoring the situation very closely and will of course undertake to review all current export licences. We will have no qualms in revoking any licences found no longer to be consistent with the consolidated criteria, including criterion 2, which I think the right hon. Gentleman will be aware of, dealing with respect for human rights.

[Mike Gapes (Ilford South) (Change UK)]

The Minister rightly criticised the Chinese ambassador’s remarks on “Newsnight” yesterday, but is this not part of a pattern, as has been said? Is it not clear that there is no independent judiciary in mainland China, so anybody who is either taken illegally—as has been the case in the past, as with the booksellers—or taken with the complicity of the Hong Kong Government authorities is actually potentially facing an unfair trial by the Communist regime, with terrible consequences? Is it not time that we were more robust in what we say about the nature of the Chinese regime, and that, instead of pulling our punches because we are so afraid that our economic situation post Brexit will make us weaker, we stood up for our values and the commitments we made when we signed and agreed the joint declaration and said that for 50 years there would be one country, two systems?

[Mark Field]

We absolutely stand up for one country, two systems, and will continue to do so. On the Floor of the House on Monday I expressed some deep concerns about the Chinese legal system, which have to be borne closely in mind when we are considering any changes that potentially lead to individuals being extradited from Hong Kong to the mainland, and we will continue to make those robust statements.

We are in a world where China is rising, however, and we have to maintain an engaged relationship, as I am well aware the hon. Gentleman understands. That points to the balance in diplomacy that I mentioned earlier. I would like to think we have worked together in forging constructive collaboration on a range of shared challenges including microbial health, climate change, the illegal wildlife trade, money laundering and even threats to international security over North Korea.

There is therefore a range of global challenges on which we have to build trust with China, but we also must accept that our values are fundamentally different, so I am afraid that there will always be a block. Rightly, we must have the confidence, along with partners, to stand up for the values that are close to our heart, but we also have to recognise from our own history that those values evolve over time. Working together and building a sense of trust with China, and indeed with rising nations in other parts of the world, is an important part of diplomacy and we shall continue to do so.

Bill Presented

Divorce, Dissolution and Separation Bill

Presentation and First Reading (Standing Order No. 57)

Secretary David Gauke, supported by the Prime Minister, Secretary Sajid Javid, Secretary Amber Rudd, Lucy Frazer, Victoria Atkins and Will Quince, presented a Bill to make in relation to marriage and civil partnership in England and Wales provision about divorce, dissolution and separation; and for connected purposes.

Bill read the First time; to be read a Second time tomorrow and to be printed (Bill 404) with explanatory notes (Bill 404-EN).

Hong Kong

Mark Field Excerpts

Monday 10th June 2019 Commons Chamber

[Catherine West (Hornsey and Wood Green) (Lab)]

(Urgent Question): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the impact of the Hong Kong extradition law on the Sino-British joint declaration.

[The Minister for Asia and the Pacific (Mark Field)]

The UK Government remain acutely aware of our enduring responsibility towards Hong Kong as one of the joint signatories to the 1984 joint declaration that established the principle of “one country, two systems”. This principle, underpinned by the common law system, provides Hong Kong with the foundations for its continued success as a truly global financial centre and prosperous world city.

Let me turn to the current issues around the ramifications of the Hong Kong Government’s contentious proposals to change their extradition laws. Yesterday’s huge protest march—peaceful right up until the end—was a clear demonstration of the strength of feeling in Hong Kong. Hong Kong’s Chief Executive, Carrie Lam, has insisted that new legislation is needed to close a loophole that has prevented a Hong Kong national accused of murdering another Hong Kong national in Taiwan from facing justice, yet the Taiwanese Administration also oppose the changes, while civil society and business and legal groups in Hong Kong have expressed the strongest concerns about the content of the proposals and the very short consultation period.

Many fear above all that Hong Kong nationals and residents risk being pulled into China’s legal system, which can involve lengthy pre-trial detentions, televised confessions and an absence of many of the judicial safeguards that we see in Hong Kong and in the UK. While we welcome recent efforts by the Hong Kong Government to react to the unprecedented level of public concern—of the 7 million people living in Hong Kong, between 300,000 and 1 million were on the streets yesterday—the Foreign and Commonwealth Office is clear that the changes proposed fail to address fully some core issues that we and others have raised.

The UK Government have been unequivocal in their views. From the outset, the consul general, Andy Heyn, and my officials have been raising concerns with the Hong Kong Government, members of the Hong Kong Legislative Council and the Executive Council at all levels. We have also had full and detailed discussions with Chief Executive Carrie Lam, both bilaterally and as part of an EU démarche. On 30 May, the Foreign Secretary issued a joint statement with his Canadian counterpart on the potential impact of the proposals on our citizens in Hong Kong, including on business confidence and on Hong Kong’s international reputation.

Some Hong Kong lawmakers have proposed an array of alternative solutions, including that additional legally binding human rights safeguards be included in the proposed legislation. In my meeting in London on 20 May with Hong Kong Secretary for Commerce and Economic Development, Edward Yau, I made it clear that proper consideration must be given to all these suggestions as part of a wider and more comprehensive consultation. More time for consultation would allow for a more adequate consensus to be built.

As the House will be aware, the operation of the court system on mainland China is very different from that which applies in Hong Kong. There are widespread concerns that fear of extradition to China might have a chilling effect on Hong Kong’s rights and freedoms and result in increased self-censorship. We shall continue to stress to the Hong Kong and Chinese authorities that for confidence in the “one country, two systems” policy to be maintained, Hong Kong must enjoy the full measure of its high degree of autonomy and rule of law as set out in the joint declaration and enshrined in the Basic Law.

[Catherine West]

It is very disappointing that the Secretary of State could not make it to the Chamber for the 1 million Hong Kong residents who took to the streets yesterday to protest against their Government’s proposed extradition Bill. If enacted, the law would allow suspected criminals to be extradited to mainland China, bypassing Hong Kong’s independent legal system. Over the past few weeks, Amnesty International, Human Rights Watch, the business community, civil society organisations, the Hong Kong Bar Association and the International Chamber of Commerce have all expressed deep concern that the Bill will further erode the “one country, two systems” model.

The law courts on mainland China are seen as an arm of the state. Forced confession is frequently practised and activists often fear imprisonment for crimes they have not committed. Hong Kong’s common law system is not open to such abuse, as the Minister mentioned in his introductory remarks, and although it is under pressure, the separation of powers remains more or less intact. The amendments to the extradition law would significantly compromise the firewall that separates the sharply different systems.

In recent times, we have watched with great unease as political and civic freedoms have been put under increasing strain. Those freedoms are guaranteed under the Basic Law, a core component of the Sino-British joint declaration. As the co-signatory to that treaty, which is registered at the United Nations, the Government have a legal duty to ensure that it is upheld.

The last Governor of Hong Kong, Lord Patten of Barnes, said that this Bill’s provisions were

“an assault on Hong Kong’s values, stability and security. They create fear and uncertainty…at a time when we should all be working to safeguard Hong Kong’s reputation as one of the world’s greatest business”

and cultural centres. Does the Minister agree with his colleague’s assessment, and will he outline how the Government intend to address this issue in the immediate future, alongside long-standing concerns about the erosion of democratic principles in Hong Kong?

We have a long and enduring history with Hong Kong, and we have lasting political, economic and cultural ties. As we mark the 21st anniversary of the handover next month, it is crucial for us to keep our promise that “Hong Kong will never walk alone”.

[Mark Field]

I thank the hon. Lady for the tone of her comments. She will be aware from discussions that we have had—and I have visited Hong Kong twice already during my time as a Minister—that we understand many of the concerns which have been raised by Lord Patten and, indeed, by her. In particular, we understand the concerns raised in the most recent six-monthly report—not without some controversy do we continue to have a six-monthly report—which states that, while we believe that one country, two systems is working well, in the sphere of civil and political freedoms Hong Kong’s high degree of autonomy is being reduced.

Let me say this in relation to the joint declaration as a whole. Three years ago, in 2016, we called on a breach of the declaration following the involuntary removal of the Causeway Bay booksellers from Hong Kong to the mainland. That was the first and, to date, the only time that we have called upon a breach. However, it is clear that these events are becoming close to breaching not just the spirit but the letter of the joint declaration. I fear that this is also a good example of tough cases making bad law. There is a potential loophole, but it is interesting to note that it is not one that the Taiwanese authorities have asked to be sorted out.

A Hong Kong national is being accused of a very serious crime—murder—and there is clearly no extradition prospect, but, as the hon. Lady rightly pointed out, this opens up a potentially much broader extradition-related concern. As I mentioned in my initial comments, one of the biggest concerns is that, particularly at a time when President Xi has a strong anti-corruption campaign in place, there is a risk that individuals could be caught up in this in a very inadvertent way. While there are proposed safeguards—it is proposed to raise the extradition level from a three-year custodial sentence to one of at least seven years—the situation none the less still raises the deep concerns to which the hon. Lady referred.

[Fiona Bruce (Congleton) (Con)]

Lord Patten has said that the decision to exclude any extradition agreement between Hong Kong and mainland China in 1997 was not a loophole, but a deliberate decision that was made in order to protect the autonomy of Hong Kong and the firewall between it and China. Does the Minister agree that if countries speak with one voice in expressing concerns about this issue, there is likely to be more of an impact? What is the UK doing to join like-minded countries in expressing such concerns?

[Mark Field]

I thank my hon. Friend, who takes a great interest in matters to do broadly with China but also specifically with Hong Kong, and I pay tribute to her for her detailed and steadfast work in that regard. Yes, she is right: we need to work together as an international community on this. It is perhaps fair to put it on record that there are already some extradition arrangements between some countries and Hong Kong, but obviously we are deeply concerned that this particular law provides a much more general overview, particularly as it engages the Chinese mainland. But I will, if I may, reiterate what my right hon. Friend the Foreign Secretary and his Canadian counterpart, Christina Freeland, said as recently as 30 May:

“It is vital that extradition arrangements in Hong Kong are in line with ‘one country, two systems’ and fully respect Hong Kong’s high degree of autonomy.”

[Helen Goodman (Bishop Auckland) (Lab)]

Thank you for granting this urgent question, Mr Speaker. I also want to congratulate my hon. Friend the Member for Hornsey and Wood Green (Catherine West) on securing it. I share her profound concern about these extradition laws, as evidently do hundreds of thousands of Hong Kong citizens who took to the streets over the weekend. These laws constitute not just an erosion but a fundamental breach of the Sino-British declaration and the one country, two systems principle it enshrines. They threaten the judicial independence of Hong Kong.

The warning signs have been coming for several years now: we have seen an increasing crackdown on dissent and protest. Now we face the prospect of a direct line between Beijing and Hong Kong’s courts that could see Hong Kongers sent thousands of miles away to face trial in mainland China’s flawed criminal justice system.

The UK does not have an extradition treaty with China, so why have the Government done next to nothing? The joint declaration is a legally binding treaty registered with the United Nations, and the British Government are the joint guarantor with China of the rights of Hong Kong citizens. Moreover, there are 170,000 British national overseas passport holders, many of whom reside in Hong Kong.

The concessions offered by the Hong Kong Government in the last few hours have no legal force, so I have one question for the Minister: will he make every effort to persuade the Executive in Hong Kong to halt the progress of these highly dangerous extradition amendments before Wednesday’s crunch votes?

[Mark Field]

I thank the hon. Lady for her comments, although I think some of them are a little unkind to officials, Ministers and also more particularly our excellent consul general, Andy Heyn, who has been out in Hong Kong, as we have recognised that this issue has been emerging for quite some time. As I mentioned in my earlier comments, it is also fair to say that we have consistently, certainly in my two years as a Minister, at every six-monthly report expressed ongoing concerns about the deterioration, as we have seen it, in political and civil rights.

It is probably fair to say that these proposals—the proposed extradition law—did not originate at China’s instigation, but there is no doubt that the Hong Kong Government are now under distinct pressure from Beijing. We believe that some opportunities to climb down have been missed, but even the huge public display of defiance yesterday—as I have said, up until the last few moments it was very peaceable—combined with concerted opposition from the international business and legal communities has not been able to turn the tide.

I say to the hon. Lady that of course we will do all we can. Andy Heyn is I believe in London this week, but his very able assistant Esther Blythe is back in Hong Kong, and we will do all we can to make further urgent representations to the Hong Kong Government.

This issue has highlighted that it is not the Chief Executive and not even the Legislative Council that can provide an effective check to external influence in Hong Kong; it is the presence and continuation of an independent judicial system. Obviously, again as the hon. Lady rightly alluded to, it now looks as though we are heading towards a potential pitting of the Hong Kong judicial system squarely against that of Beijing.

[Stephen Crabb (Preseli Pembrokeshire) (Con)]

I agree with the Minister: the United Kingdom has a serious and special obligation to defend civil liberties in Hong Kong. One of the leaders of the Hong Kong pro-democracy movement said in a note last week that these new extradition amendments and this Bill will, if passed,

“have destructive effects on our civil liberties as well as on our economy.”

Does the Minister agree with that assessment, and does he feel we are discharging our obligation to defend civil liberties in Hong Kong as fully as we can at the present time?

[Mark Field]

I thank my right hon. Friend for his question and I broadly agree with what has been said. I hope that the work of democracy and diplomacy will ensure that we are able to do our best not only to push back but to advise and express our deep concerns. We have only to look at the recent six-monthly reports to recognise the increasing buzz of concern on our side and indeed from many in Hong Kong in relation to this matter. In particular, the extradition treaty has engaged many in the business community, many of whom have felt broadly positive over the past 22 years. One of the messages we put to our counterparts in Beijing is that a strong Hong Kong is required for their own plans, whether on the belt and road or other economic initiatives, to be fully successful. Hong Kong’s unique legal system provides an opportunity for substantial capital markets. The great success of Hong Kong therefore relies on its high degree of autonomy being maintained.

[Peter Grant (Glenrothes) (SNP)]

I congratulate the hon. Member for Hornsey and Wood Green (Catherine West) on securing this urgent question and I thank you for granting it, Mr Speaker.

Anyone who saw last week’s remarkable documentary by Kate Adie to mark the 30th anniversary of the Tiananmen Square massacre will not need to be reminded what respect for human rights means to the Government of China. Although people will say that China has moved on since then, it has not moved on enough even to admit that Tiananmen Square happened, never mind to apologise to the relatives of all those who were killed. Most people in China do not know that the weekend’s protests in Hong Kong happened because the Chinese Government made absolutely sure that they were not allowed to know about them. That is the extent of the ongoing repression of human rights in China and we should all be concerned that a similar repression of human rights will start to be inflicted on the people of Hong Kong as well.

Normally, under an extradition treaty, a person cannot be extradited for an offence that is not a crime in the country they would be extradited from. That will not apply in these circumstances, however, because China will not respect the terms of any treaty with Hong Kong. Also, a person cannot normally be extradited to a country where they would not get a fair trial, but does anyone seriously believe that that protection would be respected for anyone in Hong Kong? I welcome some of the assurances that the Minister has given, but will he say a bit more about what action the United Kingdom is taking just now—through the United Nations, for example—to ensure that all possible international diplomatic pressure is brought to bear, not just in Hong Kong but, more importantly, in China to ensure that this law never becomes effective? Also, given that China is one of the countries that we are supposed to be looking keenly towards for a trade deal, may we have an assurance that in no circumstances will the prospect of a trade deal allow the voice of the United Kingdom and our allies in Europe to be silenced when it comes to speaking up in defence of the rights of people to whom the United Kingdom continues to owe a legal and moral responsibility?

[Mark Field]

I thank the hon. Gentleman from the Scottish National party for his comments and I will try to answer his questions. It is obviously not my place as a Minister in the Foreign and Commonwealth Office to comment on the specifics of trade deals other than to say that we will continue relentlessly to express any concerns about human rights with any country with which we are looking to strike a trade deal. That said, this is a particular circumstance because of the nature of the joint declaration. The hon. Gentleman rightly suggested that that document, which was signed by China and the United Kingdom in 1984, is now lodged with the United Nations and that is clearly one mechanism by which we could try to stand up for its terms. Back in 2016, there was a particular episode in which we thought the joint declaration was being abused and, if we feel that we are not getting the changes we are looking for on this extradition law, we will use whatever means we can.

The Hong Kong Government released a statement at 11 o’clock last night, Hong Kong time, noting the people’s right to freedom of expression and assembly, but insisting that the Bill would continue to its Second Reading on Wednesday. Chief Executive Carrie Lam reiterated that message on television this morning, again Hong Kong time, and we are obviously looking to try to ensure that the safeguards put in place over the next two or three days are as watertight as possible. However, this is an ongoing discussion and I hope the hon. Gentleman will recognise that we want to leave all our options open.

[Sir Desmond Swayne (New Forest West) (Con)]

Beyond the Minister’s evident charm, what leverage do we actually have?

[Mark Field]

I thank my right hon. Friend, as ever, for his charming and succinct question. He has obviously been to the same school as you, Mr Speaker, in that regard. The reality of the situation is that there is an international agreement that was signed with the UN, and we and many other international partners take it seriously. I hope that my right hon. Friend was reassured when he heard what I had to say about our discussions with our Canadian counterparts—a significant number of Canadian nationals live and work in Hong Kong—which happened as recently as 30 May. The message that is coming out loud and clear is that, as my right hon. Friend the Member for Preseli Pembrokeshire (Stephen Crabb) said earlier, we need the international community to work together. This is clearly a crucial point in Hong Kong’s history, and our legal leverage may be more limited than we would wish, but we can maximise it by working together.

[Thangam Debbonaire (Bristol West) (Lab)]

The worries about this breaking of the firewall and the possible intrusion into one country, two systems would not exist if there were not serious concerns about egregious breaches of human rights in China. What further information can the Minister provide about the discussions between the UK Government and the Chinese Government about improving human rights in China more generally?

[Mark Field]

As I have pointed out to the hon. Lady in our previous exchanges, we never stint from making our concerns clear in relation to issues in Xinjiang in the north-west of the country or more general issues around human rights. We have a strong diplomatic relationship with China that involves working together in a productive way in a range of areas, including tackling money laundering, people trafficking and, increasingly, climate change. Building up that body of trust also involves being able to have robust conversations about human rights matters. At the highest possible level, when the Prime Minister spoke to President Xi and when I speak to my counterparts in Beijing and other cities, we do not stint from making clear particular concerns where there are concerns, either on consular matters or, indeed, more generally on human rights.

[Steve Double (St Austell and Newquay) (Con)]

Coincidentally, earlier this afternoon, I met a group of students from Hong Kong who are studying here. They are British national (overseas) passport holders, and they are obviously concerned about the recent developments in relation to China. What consideration has the Department given to the effect that the proposed changes would have on BN(O) passport holders in Hong Kong? What steps is the Foreign Office taking to provide ongoing support and advice to BN(O) passport holders in Hong Kong?

[Mark Field]

I thank my hon. Friend for his comments. He is absolutely right that we have significant obligations to British national (overseas) passport holders. He will be aware that the right of abode in the UK was defined by the Immigration Act 1971, so there are immigration controls to which BN(O) passport holders are subject. The rights they have are not the full rights of British citizens. None the less, they are British nationals from Hong Kong. It is something that we do take very seriously. I hope that he will forgive me if say that I will write to him in due course to try to answer his specific issues, with particular regard to any changes to the rights of such individuals since 1997.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The Second Reading of the Bill to implement these changes will take place on Wednesday. Legislators in Hong Kong have told me today that they anticipate that, thereafter, the remaining stages of the Bill could be completed as early as the middle of the week after next. If that happens, clearly the Minister’s aspiration for more consultation will be dead in the water. What will he do then?

[Mark Field]

I thank the right hon. Gentleman for what he says. It would clearly be of grave concern. There is an almost universal view, and not just from those who were on the streets of Hong Kong yesterday. Increasingly, business organisations based in Hong Kong and, indeed, around the world are asking for greater consultation. I would rather not speculate as to where we might be if the path he describes is taken over the next 10 days, and I sincerely hope that will not come to pass.

Mr Speaker, you may be aware that the right hon. Gentleman has the Adjournment debate, in which we will be covering a little of this ground. I hope he will forgive me—I will want to talk more generally later about the relations between the UK, Hong Kong and China.

[Mr Speaker]

I am most grateful for that public information announcement. It is potentially of interest to people observing our proceedings that this debate will indeed be resumed in the form of tonight’s Adjournment debate, under the auspices of the right hon. Member for Orkney and Shetland (Mr Carmichael), specifically on UK foreign policy in relation to China and Hong Kong.

Moreover, I will have the great honour and privilege tomorrow night of hosting a dinner in support of Hong Kong Watch, which, to put it bluntly, is a splendid organisation that has been set up to keep an eye on what the Chinese Government are up to in relation to Hong Kong. That organisation is magnificently led on a day-to-day basis by the estimable Ben Rogers, who as I speak might well be in our midst.

UK Foreign Policy: China and Hong Kong

Mark Field Excerpts

Monday 10th June 2019 Commons Chamber

[The Minister for Asia and the Pacific (Mark Field)]

I thank the right hon. Member for Orkney and Shetland (Mr Carmichael) for initiating this debate and for continually highlighting developments in Hong Kong. I also express my gratitude for the contributions and sincere interest—perhaps silent interest in some cases—expressed by a number of hon. Members here, particularly my hon. Friend the Member for Gloucester (Richard Graham). Clarifying with the Hong Kong Government what these proposals will mean is clearly something that I intend to do in very quick order.

This was billed as a slightly more general debate, and given that we had an urgent question earlier, I do not wish to spend this time entirely by simply covering the same old ground, important though that ground is, but let me start with a few words about the UK’s relationship with China. We believe that we have a constructive relationship based on a strong economic partnership but also our position as leading nations of the world. The UK and China are both, of course, P5 nations of the United Nations. Trade and investment links are at record levels, and people-to-people links, particularly among Chinese students—the largest single cohort in the UK—are thriving.

The UK’s approach to China is pragmatic. It maximises the benefits of co-operation while doing its best to protect our national security. As G20 members with seats on the UN Security Council, the UK and China can do more than most to address a range of global challenges. From medical research to sustainable development, we have co-operated, and will continue to do so, for our mutual benefit in ways that support global prosperity, security and stability.

Of course, this partnership has its challenges. China’s growing influence is putting pressure on the global rules-based system, and we regularly express our very real concerns about issues, including its stance on human rights, its respect for certain international agreements and its failure fully to protect intellectual property. But we work with China where doing so is in line with our values and protects our national interests, including the security of our people and businesses. We are clear and direct where we believe that China’s actions are incompatible with those values.

The UK Government are acutely and continually aware of our historical responsibility towards Hong Kong, specifically as one of the joint signatories of the 1984 joint declaration that established the principle of one country, two systems. That joint declaration is a legally binding treaty registered, as I said, with the UN. Its objectives clearly apply to both signatories—the Government of the People’s Republic of China and the UK. It remains in force and remains relevant to the conduct of life in Hong Kong. We are absolutely committed to ensuring that it remains faithfully implemented for the period up to 2047, as the hon. Member for Rotherham (Sarah Champion) rightly mentioned.

The one country, two systems principle provides Hong Kong with the foundations for success as a truly global financial centre and prosperous world city, as touched on by my hon. Friend the Member for Congleton (Fiona Bruce). It safeguards Hong Kong’s capitalist economic system, its high degree of autonomy, its system of common law, its independent judiciary, and the rights and freedoms of its people and those who are lawfully residing there. However, as the Government’s most recent six-monthly reports have made clear, we believe that important areas of the one country, two systems framework are coming under increasing pressure. I take this opportunity to reassure the House that we engage in an ongoing and frank dialogue—a sometimes private, but frank dialogue—with the Chinese and Hong Kong authorities about the implementation of the joint declaration.

Turning to our relationship with the Hong Kong Government, I want to stress that we have warm, constructive and positive links across a wide range of other issues. As an example, just last month, I joined the start of the inaugural UK-Hong Kong Government-to-Government financial dialogue, led on our side by the Economic Secretary to the Treasury. This involved the two Governments discussing co-operation between our globally leading financial services centres, building on rich industry-to-industry links. I welcome the decision for the UK to be the partner country for Hong Kong’s Business of Design Week this year. It is the largest design festival in Asia and it is our pleasure to support Hong Kong in this area. It is also a great opportunity to showcase the global reputation of the UK’s creative sector.

It is also right that we take the opportunity to turn our minds collectively to the ramifications of the Hong Kong Government’s contentious proposals to change their extradition laws, following a highly publicised homicide in Taiwan, allegedly carried out by a Hong Kong national. Civil society groups, including organisations that represent legal professionals and businessfolk in Hong Kong, have aired deep concerns about both the content of the proposals and the short consultation period. They fear above all that Hong Kong nationals and residents risk being pulled into China’s legal system, which can, as the right hon. Member for Orkney and Shetland pointed out, involve lengthy pre-trial detentions, televised confessions and an absence of many of the judicial safeguards that we see in Hong Kong.

[Mr Carmichael]

The element of the two systems arrangements that I think most people consider most important is the existence of an independent judiciary in Hong Kong. That is why, when people hear about so-called concessions being made on human rights protections, they insist that those protections are written into law, because they are then judicially enforceable. Is the Minister prepared to take that message back to the Executive?

[Mark Field]

Absolutely, and I entirely endorse what the right hon. Gentleman says.

We note that the Hong Kong Government have tried to provide reassurance that no one will be transferred to China for political, religious or ethnic reasons and welcome their recent efforts to react to the unprecedented level of public concern—we understand that roughly one seventh of the population of Hong Kong was on the streets, peacefully during much of yesterday afternoon. However, we are clear that those reassurances and the changes proposed fail to address fully a number of core issues that we have raised.

We have been and will remain unequivocal about our concerns. The Foreign Secretary recently issued a joint statement with his Canadian counterpart, setting out our concerns about the potential impact of the proposals on the large number of UK and Canadian citizens in Hong Kong, on business confidence and on Hong Kong’s international reputation, but of course it also applies to the many other non-Hong Kong nationals who are living and working on the island and the New Territories. The joint UK-Canadian statement noted that the proposals risk undermining the rights and freedoms set out in the joint declaration and are at odds with the spirit of one country, two systems.

Our consul general in Hong Kong, Andy Heyn, has made statements on this issue locally over recent months, including in a TV interview, where he set out our concerns. UK officials have had a number of conversations with the Hong Kong Government and other interested parties about the proposals at working, technical and senior levels. We have had full and detailed discussions with Chief Executive Carrie Lam, both bilaterally and as part of an EU démarche, and we will continue to have such discussions.

We have had a dialogue with a number of members of the Hong Kong Legislative Council and Executive Council. The issues we have raised include the potential implications for our bilateral extradition treaty with Hong Kong and the potential consequences for the UK business community and other British citizens living in Hong Kong. We have urged the Hong Kong Government to allow for a longer consultation period, given the fundamental importance of the issues raised. We believe that the proposals must undergo full and proper scrutiny, including in the Legislative Council, and I am as concerned as the right hon. Gentleman about the notion that they could be rushed through within the next fortnight or so.

I believe that Hong Kong’s lawmakers and members of civil society have put forward a number of alternative solutions, including the additional human rights safeguards, which must now be included in the proposed legislation. We believe that proper consideration must be given to all those alternative solutions as part of a comprehensive, ongoing consultation.

Despite those concerns, we do not assess that the proposals in themselves breach the joint declaration, although we will clearly keep that in mind, as the treaty did not explicitly deal with extradition arrangements. Nevertheless, the proposals undoubtedly would reduce the separation between the justice systems in Hong Kong and on the mainland and, therefore, would provide a very worrying precedent.

As the House will be aware, the operation of the court system in mainland China is very different from the one that applies in Hong Kong. Voices from within Hong Kong and the wider international community have expressed concern that fear of extradition to China could cause a chilling effect on Hong Kong’s rights and freedoms and, more insidiously, might result in increased self-censorship. Most recently, the Hong Kong chamber of commerce has called for wide-ranging protections in the legislation.

As Members have rightly pointed out, the rule of law is the absolute cornerstone of one country, two systems, and confidence in it is essential for sustaining and maintaining Hong Kong’s reputation as a global financial and professional services hub. That has been made abundantly clear to me in my two visits to Hong Kong as a Minister. I am hoping obviously to visit the island at some point later this year for a third time. Ultimately, I believe it is imperative that any changes to the extradition arrangements from Hong Kong to mainland China respect Hong Kong’s high degree of autonomy and will not impact on the rights and freedoms set down in the joint declaration.

It is now, as many of us will know, almost 22 years on from the handover of Hong Kong to China and the UK Government’s commitment to the joint declaration remains as robust as ever. We do issue six-monthly reports and, in the two years I have been a Minister, we have expressed concern, at each and every six-monthly report, that there has been a diminution in the exercise of one country, two systems, at least as far as too many political rights are concerned. We are committed to playing a rightful part in helping Hong Kong to prosper to go forward. Where we identify risks to Hong Kong’s continued success and autonomy, we will have no qualms in raising them. We shall continue to stress to the Chinese and Hong Kong authorities that, for confidence in that system to be maintained, Hong Kong must continue to enjoy a full measure of the high degree of autonomy and the rule of law as set out in the joint declaration.

I am grateful to all Members of the House, and particularly to the right hon. Gentleman, for the opportunity to state the Government’s position on this very important issue.

Question put and agreed to.

Great Britain China Centre: Tailored Review

Mark Field Excerpts

Monday 10th June 2019 Written Statements

[The Minister for Asia and the Pacific (Mark Field)]

I am announcing today the publication of the recent tailored review of the Great Britain China Centre (GBCC), an arm’s-length body of the Foreign and Commonwealth Office (FCO).

The GBCC was established in 1974 and focuses on strengthening the UK-China relationship by “building trust and supporting dialogues between Government, judiciary and policy makers on key rule of law and reform issues”. Since 1974, it has played an important part in delivering UK expertise on democracy and democratic institutions.

The principal aims of tailored reviews are to ensure public bodies remain fit for purpose, are well governed and properly accountable for what they do.

In conducting this tailored review, officials engaged with stakeholders in the UK and overseas, including across UK Government, civil society, as well as with GBCC’s board, staff and management.

The review concluded in April 2019.

The review found that “GBCC continues to perform an important function in the UK-China relationship; makes a positive contribution to UK priorities in China; and represents good value for money for the taxpayer”. The review also contains a number of recommendations to strengthen GBCC’s governance and its relationship with the FCO.

Copies of the review will be placed in the Libraries of both Houses.

[HCWS1607]

FCO Services

Mark Field Excerpts

Thursday 23rd May 2019 Written Statements

[The Minister for Asia and the Pacific (Mark Field)]

FCO Services operates as a trading fund of the FCO. I have set it the following performance targets for 2019-20:

1. Achievement of a return on capital employed of at least 3.5% (statutory commitment)

2. A productivity ratio of at least 80%, measuring actual billable hours v. available billable hours

3. In-year customer satisfaction results averaging at least 80%

4. A Your Say score for “Employee Engagement” of at least 60%

5. An average Your Say score for “My Manager” of at least 63%

FCO Services will report to Parliament on its success against these targets through its annual report and accounts for 2019-20.

FCO Services is a trading fund of the Foreign and Commonwealth Office (FCO). It provides a range of integrated, secure services worldwide to the FCO and other UK Government Departments, supporting the delivery of Government agendas. Services include protective security, estates and construction, cloud computing, communications and monitoring, logistics, translation and interpreting. This is combined with a portfolio of global maintenance work. FCO services also manages the UK National Authority for Counter Eavesdropping (UK NACE), helping protect UK assets from physical, electronic and cyber-attack.

[HCWS1582]

Oral Answers to Questions

Mark Field Excerpts

Tuesday 14th May 2019 Commons Chamber

[The Minister for Asia and the Pacific (Mark Field)]

With permission, Mr Speaker, I will answer Questions 10, 11, 14, 15 and 19 together. [Interruption.] What a terrible bunch they are on the Opposition Benches!

Needless to say, our engagement with Europe goes well beyond EU membership. To ensure that the UK’s soft power potential is maximised after Brexit, we have already strengthened our diplomatic network, increased programme funding and produced bilateral strategies for each and every EU country. Globally, the FCO continues to support funding for, among others, the BBC World Service, the British Council and Chevening scholarships. We regard that as a key part of post-Brexit diplomacy.

[Michael Fabricant]

With around 350 million people each week tuning into BBC radio and television programmes worldwide, and with the British Council, which my right hon. Friend mentioned, we no doubt have far greater soft power than other countries of our size—perhaps the biggest in the world—but is there more, even more, that the Government could be doing?

[Mark Field]

We could always be doing much more. From our tradition of democracy and our internationally acclaimed justice system, to our inclusive values of free speech, freedom of religion and gender equality, many of which have been raised in questions today, we hope that we are promoting our values globally through the influence and reach of our diplomatic network.

[Several hon. Members rose—]

[Kevin Hollinrake]

What representations has my right hon. Friend made to his counterparts about tackling the growing and potentially devastating problem of antimicrobial resistance?

[Mark Field]

I am grateful to my hon. Friend for mentioning that. We believe the UK is at the forefront of international efforts to tackle antimicrobial resistance through a variety of UN agencies. We were instrumental in drafting a UN political declaration on AMR, agreed by no fewer than 193 member states at the General Assembly in September 2016.

[Mr Baron]

The British Council all-party group, which I chair, is conducting a wide-ranging inquiry into our future soft power relationship with our European partners. Does the Minister agree with our early finding that we could better co-ordinate our efforts, and will he meet the all-party group as part of our inquiry?

[Mark Field]

We have strengthened our diplomatic network, increased programme funding and produced bilateral strategies for each and every EU country, as I mentioned. I am happy to engage with the British Council APPG, which my hon. Friend so skilfully chairs—or at least, that is what it says here. [Laughter.] I am being a little unfair to my hon. Friend. He is a fantastic chair of the group, and of course I will co-operate with the inquiry in every way he wishes.

[Paul Masterton]

With China creating more emissions than the EU and USA combined, how can the UK use its soft power and influence as a global leader in reducing carbon emissions to encourage other nations to follow our example?

[Mark Field]

Our soft power influence globally on climate change is extremely strong and—I think we all would recognise—extremely important. The Climate Change Act 2008 has inspired numerous other countries, not least New Zealand, which is promoting its own legislation in this area along those lines. We are working with Canada and have launched the Powering Past Coal Alliance, and the UK has hosted international zero-emissions vehicles and carbon capture, utilisation and storage summits in recent months.

[Mr Fysh]

Will my right hon. Friend join me in congratulating Somerset on reaching the final of the one-day cup? With the cricket world cup here in the UK just a fortnight away, does he agree that sport is one way in which we can promote British values and strengthen relationships around the world?

[Mr Speaker]

That is a classic piece of shoehorning of a very high quality, upon which the hon. Gentleman is to be congratulated.

[Mark Field]

I congratulate Somerset on reaching the Royal London cup final, Obviously, that comes alongside commiserations to my hon. Friend’s local football club. Those of us who follow league two will realise that Yeovil Town have gone down this season, but I hope they will bounce back very shortly. That will make the headlines in the Yeovil Express, I am afraid.

My hon. Friend is absolutely right: sport is a major soft power asset. We believe it does help to project and connect the UK internationally, not least with the cricket world cup that is imminently upon us.

[Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)]

23. The UK-EU sanctions regime has largely been shaped by the UK’s pre-eminence in the European financial services market. Post Brexit, both will have separate policies. How does the Minister think we can sustain our influence, particularly given the flight of the financial services industry to either Frankfurt or Paris?

[Mark Field]

The hon. Gentleman talks about the flight, and it is worth pointing out, as I have said—I am the City of London MP—that some jobs have of course been lost, but not to one particular place; they have actually gone to places such as Amsterdam, Luxembourg, Dublin and others. The truth of the matter is that financial services will work very closely together and there will be a mutuality of interests and an equivalence, not least because of the importance of London as Europe’s capital market, regardless of Brexit.

[Catherine West (Hornsey and Wood Green) (Lab)]

The British Council is a key agency of the Foreign Office. My constituent Aras Amiri was yesterday given a 10-year sentence on trumped-up charges by Iran. Will the Foreign Secretary meet me urgently this week, and will he update the House in a statement on what can be done in this terrible situation?

[Mark Field]

I thank the hon. Lady for raising that point. I know this matter is very close to her heart, not least because of a constituency interest. The Foreign Secretary will meet the family during the course of this week. I personally believe, as I am sure everyone does, that the sentencing of any individual purely on the basis of their employment with an entirely legitimate institution is entirely unacceptable. We deeply regret Iran’s attitude towards entirely legitimate organisations such as the British Council.

[David Linden (Glasgow East) (SNP)]

Will the UK use its soft power with India in particular to raise the case of a group of Christians who were beaten during a prayer meeting on 3 May? What are the Government going to do to raise the escalating number of cases of Christians being persecuted, particularly in India?

[Mark Field]

I thank the hon. Gentleman for what he says. The earlier exchanges made it very clear how seriously we take the issue of the persecution of Christians. India is one of many countries where there has been an increased worsening in recent years, and we will obviously take up at consular level all the cases to which he refers.

[Fabian Hamilton (Leeds North East) (Lab)]

May I ask the Minister of State to use all his soft power and diplomatic skills with the French Government over the next three weeks, and urge them to ensure that the 71 veterans of la Libération who are still waiting to receive the Légion d’Honneur to which they are entitled get those honours before the 75th anniversary of D-day on 6 June?

[Mark Field]

I must confess that I will travel to Paris next week for the OECD ministerial meeting, and I will endeavour to have a line—those from my private office are waiting in the wings here—to make sure that we speak to counterparts about this injustice.

[Nigel Dodds (Belfast North) (DUP)]

12. What recent discussions he has had with his international counterparts on the middle east peace process.

--- Later in debate ---

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

T2. The Secretary of State may agree that when we ceded Hong Kong to China in 1997 we had a solemn agreement on one nation, two systems. What level of trust can we put in any Chinese Government that locks up protestors in the Umbrella movement, as happened only two weeks ago?

[The Minister for Asia and the Pacific (Mark Field)]

The hon. Gentleman is right, and we have noted with great concern the widespread concern in Hong Kong about the proposed changes, including the protests of 28 April and the disorder on the floor of LegCo in relation to the extradition laws that are currently going through. We are considering the potential implications, including how they may affect UK citizens, and will push to ensure that one country, two systems remains intact.

[Mr Marcus Fysh (Yeovil) (Con)]

T6. Has any Foreign Office official involved in the EU negotiations sought Belgian citizenship? Would it be appropriate to do so?

--- Later in debate ---

[Fiona Bruce (Congleton) (Con)]

Does the Foreign Secretary share concerns that the proposed new arrangements to allow extradition from Hong Kong to mainland China will undermine confidence in Hong Kong as an international financial centre, break the firewall between the two legal systems and significantly contradict the Sino-British declaration?

[Mark Field]

As my hon. Friend is aware, we are deeply concerned in that regard. We are dealing with and speaking about potential extradition implications, not least with our outstanding consul general, Andy Heyn, out there in Hong Kong. The one country, two systems model needs to work well, and it is in China’s interest for that to happen, not least for the reasons she pointed out about the importance of Hong Kong as an international financial capital.

[Mary Glindon (North Tyneside) (Lab)]

T8. I welcome the new Minister and hope that he will visit Baghdad and Irbil. Will he finalise the long-delayed official visit by the Kurdistan Regional Government President and Prime Minister to boost our important bilateral relationship with a strong KRG in a federal Iraq?

--- Later in debate ---

[Richard Graham (Gloucester) (Con)]

While recognising our own challenges here, the Foreign Secretary has rightly championed democratic values all over the world, so will Ministers join me, even as we await the formal results of the winners, in congratulating the 193 million Indonesians who participated, on an 80% turnout, in the presidential and general elections recently?

[Mark Field]

I would be delighted. They are lucky also to have an excellent trade envoy. I look forward to going to Indonesia later in the year and meeting counterparts in the new Government. We have a tremendous opportunity to do a huge amount of work with that very important country.

[Ms Marie Rimmer (St Helens South and Whiston) (Lab)]

rose—

--- Later in debate ---

[Mr Marcus Jones (Nuneaton) (Con)]

There are strong and growing trade links between the midlands and China. May I commend to my right hon. Friend the midlands engine bid to host the next UK-China regional leaders meeting later this year?

[Mark Field]

It seems an eminently sensible idea, although there are great trade links between much of the UK and many cities in China, and we look forward to the formal bid. I am sure the Department will consider it very seriously.

[Several hon. Members rose—]

Refugees in Sri Lanka

Mark Field Excerpts

Thursday 9th May 2019 Commons Chamber

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

(Urgent Question): To ask the Minister for Asia and the Pacific what representation his Department has made to the Government of Sri Lanka regarding the safety of 1,193 UNHCR refugees in Negombo, who went to Sri Lanka fleeing religious persecution in their countries, but who now fear for their safety following the terrible Easter Sunday bombings in Sri Lanka.

[The Minister for Asia and the Pacific (Mark Field)]

Following the Easter Sunday attacks in Sri Lanka, there have been reports of isolated incidents of violence and of intimidation and discrimination against Muslims, refugees and asylum seekers. In Negombo, a suburb to the north of Colombo where the terrorist attacks took place, 985 refugees and asylum seekers were forcibly displaced from their ordinary places of residence, according to UN figures. Those refugees and asylum seekers, who are mostly of Pakistani origin, are being temporarily housed and protected to meet their immediate security and humanitarian needs.

Our high commission in Colombo, led by our outstanding high commissioner, James Dauris, is in contact with the Government and UN agencies to work towards a more sustainable solution, and the UK is monitoring that situation carefully, along with other partners. The UN is providing basic support for food, drinking water, and immediate medical assistance, and co-ordinating with civil society to provide additional relief items. The humanitarian situation at the police station in Negombo is a concern. The police have so far been very welcoming, but we understand that facilities there are insufficient.

Staff at our high commission are assisting in advocating and co-ordinating with the Sri Lankan Government more generally to identify safe and secure relocation options to ensure the protection of refugees and asylum seekers. We understand that processes are under way for some of the refugees to be resettled in third countries, and 412 refugees are currently in the midst of the UNHCR resettlement process.

Ministers and representatives of the UK Government have met Sri Lankan counterparts over the past three weeks to reinforce the importance of inclusivity and respect for human rights in response to the Easter Sunday attacks, and to underline the importance of Sri Lankans working together to avoid intercommunal tensions. As was brought up earlier, I think we can all be pleased, without being complacent, that over the past three weeks there has been a sense of unity within Sri Lanka as a whole.

My right hon. Friend the Minister for Security and Economic Crime visited Sri Lanka on 2 and 3 May, and met the President, the Prime Minister, military and religious leaders and senior Government officials to highlight the importance of those points and to talk more generally about security resilience. Foreign and Commonwealth Minister Lord Ahmad and I have met the Sri Lankan high commissioner over the past fortnight to raise general concerns about refugees and minority rights in Sri Lanka.

I think all of us want to put on the record our grave concern about what happened. These were terrible events and our commiserations go to all those who remain affected and will be affected for some years to come.

[Siobhain McDonagh]

I thank the Minister for his response. I am sure we all send our heartfelt sympathy to the people of Sri Lanka and to all those mourning the loss of friends and family following the terrible Easter bombings.

Now that the spotlight of the media has turned, another tragedy is unfolding. There are 1,193 UNHCR refugees and asylum seekers, including 174 children, who have fled to three makeshift refugees camps in Negombo: the Pasyala Ahmadiyya mosque, the Negombo Ahmadiyya mosque and Negombo police station. Hostility towards Muslims following the attacks has led to growing violence, leading the refugees and asylum seekers to seek urgent safety. The conditions in the camps are worryingly inhumane. There is a severe lack of food and water, minimal toilet facilities, no medical facilities or basic sanitary facilities, no walls or beds, and not enough space to lie down. Over the bank holiday weekend, a child was born on the floor of one of the mosques. No doctor was present. Just this morning, latest updates indicated that more than one person had been taken to hospital due to illness.

The refugees and asylum seekers are largely from religious minorities who have suffered threats, attacks and persecution in their home countries. Many are Ahmadi Muslims who fled Pakistan, where their religious views may be punishable with death. Ahmadis identify as Muslims, but do not believe that Muhammad was the final prophet sent to guide mankind. This leads many of the refugees to be deemed to be “non-Muslim” in their home countries and to face persecution because of their beliefs. Now, in Sri Lanka, they face an imminent threat to their safety because they are considered to be Muslims.

The welfare of those in the makeshift camps is an immediate and serious concern, as is the possibility that these people will be forced to return to the places they fled from. Will the Minister use all his power to expedite the resettlement of the UNHCR refugees to safe third countries?

[Mark Field]

I thank the hon. Lady. She is very persistent: this is the third day running that she has applied for an urgent question on this matter. Robert the Bruce would be proud: if at first you don’t succeed, try, try and try again.

The hon. Lady makes a very serious point, not least about the Ahmadi Muslims and the terrible paradox of their situation. They are regarded as outcasts in much of the Muslim world, but find themselves very much at the forefront of tensions. It is important that we do not overstate those tensions. As I said in my statement, the high commission on the ground and our UNHCR partners will do all we can, but it is remarkable that, given the history of intercommunal conflict in Sri Lanka, over the past three weeks there has been relatively little that has led to direct concern. However, she is also quite right to say that housing over 1,698 asylum seekers and refugees, according to UN figures, in three unsatisfactory makeshift camps—the Negombo police station and the two mosques—is clearly not sustainable.

Civil society contacts with whom we are working have reported other incidents of displacement and harassment of refugees in other parts of Colombo. It is important to recognise that we work together with many other high commissions and embassies in the area, including those of the US, Canada and a number of European countries who have a strong Sri Lankan diaspora whom they also wish to represent.

[Fiona Bruce (Congleton) (Con)]

Can the Minister be more specific about the support the Government are giving to the Christian community in Sri Lanka following the Easter Sunday attacks?

[Mark Field]

I am always touched by the amount of work my hon. Friend does in this regard, not just in Sri Lanka, but across the world. We are of course concerned at reports of minorities being intimidated, and as she rightly says, the focus of the attacks on Easter Sunday was the Christian community in several locations across Sri Lanka. As she will know, we welcome the interim report by the Bishop of Truro on the persecution of Christians worldwide and we look forward to the final report, which is to be published in the summer.

Freedom of religion and belief is clearly a priority for the Foreign Office, and we and our high commission are working to ensure that the threads of the report that are particularly relevant to Sri Lanka will have an impact there. The Christian community in Sri Lanka is of long standing. Part is Roman Catholic and other bits are Anglican, from our colonial times, but we hope to work together with all Christian communities. This is part and parcel of a package that does not represent one religion above others, but ensures that in this melting pot within Sri Lanka, all religions and faiths can live side by side peaceably and in prosperity.

[Helen Goodman (Bishop Auckland) (Lab)]

Thank you for granting this urgent question, Mr Speaker. I congratulate my hon. Friend the Member for Mitcham and Morden (Siobhain McDonagh) on securing it. She has been very persistent and is right to draw to the House’s attention the plight of these refugees. I also thank the Minister for his response. I know he is very busy at the moment covering a large number of countries, but he brings a dedication to these issues, for which we are all grateful.

It is a matter great sadness that, despite the surge of national unity led by the Sri Lankan Government in the wake of the Easter Sunday attacks, groups of mindless individuals have instead responded to the attacks with reprisals against the refugee communities from Pakistan, Afghanistan and Iran. They have responded to an act of sectarian hatred with further acts of sectarian hatred, which ultimately is what the terrorists want. The Sri Lankan Government have as much of a duty to crack down on this violence and to protect those refugee communities as they have to track down the organisers of the Easter Sunday bombings.

On behalf of Her Majesty’s Opposition, I wholeheartedly endorse the demands of Amnesty, Human Rights Watch and the other non-governmental organisations about what the Sri Lankan Government must do now to protect the refugees and make sure they are given adequate shelter and care while the situation is resolved. Will the Minister say today that the Government will not just endorse those demands but press counterparts in Sri Lanka to act on them? Will he also tell the House what support the Government are providing to Sri Lanka and whether, if any help is requested by the Sri Lankans, the British Government will respond?

As my hon. Friend said, the bitter irony is that many of these refugees in Sri Lanka are there having already fled religious persecution, and they have done so only to find themselves under attack again. The Government of Sri Lanka must urgently protect them.

[Mark Field]

I thank the hon. Lady for her kind words about my work. We have been on the opposite sides of this Chamber and other Chambers in this place several times in the past 48 hours, and I thank her for her constructive comments and for the work she does. She is absolutely right that we need to nip in the bud any return to sectarian hatred—something that is well known to anyone who has Sri Lanka close to their heart. The report makes very clear what is expected of the Sri Lankan Government, and we very much hope to work closely with them.

I have been to Sri Lanka as a Minister on three occasions in the past two years. It is a country that we take seriously, and I was very keen for my right hon. Friend the Minister for Security and Economic Crime to go out there in the immediate aftermath of the attacks, not least because we have some expertise to share in the important areas of institutionalised communication and preparedness. It is not for us to dictate that agenda, and obviously there is already important co-operation on the security and intelligence side, but we need to work closely on structures for the future to ensure that any sectarian hatred is nipped in the bud. When my right hon. Friend was in Sri Lanka, he met key national security figures, including the Defence Secretary, the State Minister of Defence and the army commander, as well as the Prime Minister. He also met the Roman Catholic Archbishop of Colombo.

We see our role as not to dictate but, hopefully, to provide useful advice. More generally, I hope that our experience as a result of what has happened in one part of the United Kingdom—Northern Ireland—can bear well on moving towards the reconciliation that all Sri Lankans deserve.

[Dame Cheryl Gillan (Chesham and Amersham) (Con)]

The Sri Lankan economy has recently benefited from increased tourism, particularly through cruise ship visits. Can the Minister assure me that he keeps the travel advice for British citizens on Sri Lanka under constant review? How can he ensure that our visitors to Sri Lanka continue to contribute to its economy?

[Mark Field]

I thank my right hon. Friend for her constructive thoughts; she is absolutely right. To recap, on 25 April the FCO amended our travel advice: we now advise against all but essential travel to Sri Lanka, except for airport transit. Obviously we hope that our advice can be adjusted as soon as possible, when the security situation allows, but given the somewhat chaotic immediate aftermath of the attacks, we felt that it was prudent. However, we understand that cruises and the fledgling but successful tourism industry in Sri Lanka will be very badly affected until we feel it is wise to update our travel advice.

The Foreign Secretary has made a statement to the House about the steps that the Government will take in the aftermath of the attacks. We very much hope to be able at the earliest opportunity to ease the travel restrictions that we put in place three weeks ago, but obviously that will be led by the evidence and the facts on the ground.

[Neil Gray (Airdrie and Shotts) (SNP)]

Thank you for granting this urgent question, Mr Speaker; I commend the hon. Member for Mitcham and Morden (Siobhain McDonagh) for securing it. I concur with her words and those of the shadow Minister and the Minister of State. We add to those messages of sympathy to the people of Sri Lanka and those who have been caught up in the horrendous terror attacks of Easter Sunday. It is clear that some have heeded the wise words about compassion and tolerance spoken by the Bishop of Colombo, Dhiloraj Canagasabey, in response to the attacks, but that others have not. I hope that those words will now be heeded.

This is a tragedy heaped on a tragedy. Many of those who were caught up in the horrific terror attacks were already refugees: Ahmadis and Christians from Pakistan, Shi’as from Afghanistan, and refugees from Iran who had fled from religious, ethnic and political persecution in their country. What further assistance can the Minister provide to the UNCHR in expediting asylum claims? What assistance can he offer to the Sri Lankan Government? If, for whatever reason, the Sri Lankan Government cannot offer asylum, what can the UK Government and their counterparts do to ensure that these poor people are offered safe refuge as soon as possible?

[Mark Field]

I know that the hon. Gentleman also applied for an urgent question on the matter; I suspect that he will table more next week on related matters.

Clearly we are working together. The pace at which we are working with UN agencies has increased in the aftermath of the attacks. As I mentioned, 412 individuals are already going through the process of resettlement to other parts of the world. We will continue to work closely with our partners in Sri Lanka; obviously there is a process that needs to be gone through, but we and they will try to expedite it to ensure that those refugees who are entitled to be moved on are moved on as quickly as possible.



I do not want to trivialise these matters, but we are obviously very pleased to see that the Sri Lankan cricket team has arrived in the UK for the world cup, which is imminent. That has some relevance at this point, because the first match of the one-day international series, which I believe will take place on Saturday week, will be against Scotland, of all places. I hope that, in true Scottish national style, the team will be given a very good welcome when they play in Broughty Ferry, or wherever it may be.

[Simon Hoare (North Dorset) (Con)]

The terrorists declared war on civil society and against the peace of Easter Sunday. What support can the Government give the Sri Lankan authorities so that they can take speedy decisions and actions against reprisal attacks, which would only aid the terrorists in their objectives?

[Mark Field]

My hon. Friend is absolutely right: sectarian hatred needs to be stamped out. That is clearly a matter for the Sri Lankan authorities, but we obviously stand ready to co-operate and assist in any way in which we may be asked to do so.

[Thangam Debbonaire (Bristol West) (Lab)]

I thank my hon. Friend the Member for Mitcham and Morden (Siobhain McDonagh) for asking the urgent question. The Minister said that 412 refugees were currently involved in the UNHCR resettlement process. May I press him on that? How many of those refugees does the UK intend to take, and what more can we do with the UNHCR to increase the number who are resettled and brought quickly to a safe haven?

[Mark Field]

I hope the hon. Lady will excuse me if I write to her with more specific details once I have them to hand.

[Rebecca Pow (Taunton Deane) (Con)]

Will my right hon. Friend commend the local Muslim communities who have already given many refugees shelter in mosques? What more can this country do to help with those camps, which appear to be pretty unpalatable at present?

[Mark Field]

As my hon. Friend says, this can only be a short-term, interim measure, and we need something much more sustainable in future. The Government are spending £8.3 million of Conflict, Stability and Security Fund money on interfaith dialogue, reconciliation, police reform and training and de-mining in Sri Lanka, and a large sum on a wide range of other work, but I hope that elements of that can be used to deal with this urgent problem as well.

[Nick Thomas-Symonds (Torfaen) (Lab)]

As my hon. Friend the Member for Mitcham and Morden (Siobhain McDonagh) has said, these refugee communities belong to religious minorities. Will the Minister make it clear to his Sri Lankan counterpart that there can be no question of their returning to Pakistan, Afghanistan or Iran, where they will inevitably face religious persecution?

[Mark Field]

I am happy to reassure the hon. Gentleman that when there is a well-founded case for refugee and asylum status, there should be no question of that.

[Stephen Kerr (Stirling) (Con)]

It is easy to find compassion for people who were persecuted, left Pakistan, came to Sri Lanka and now face further persecution. Will the Minister confirm that he will stand up for the Ahmadis, who have been through so much, and is there anything practical that the international community can do to help the Sri Lankan authorities on the ground?

[Mark Field]

I hope that I have explained in some detail what we are doing on the ground, but my hon. Friend is absolutely right, and we will do all that we can. The plight of the Ahmadis, which is a global plight, is close to our hearts. As my hon. Friend probably knows, Lord Ahmad himself is an Ahmadi Muslim.

[Dr David Drew (Stroud) (Lab/Co-op)]

Given that the underlying issue is discrimination, and given that many of these poor refugees come from Pakistan, what representations will the Minister make to Imran Khan to make it clear that the blasphemy laws have no place in a modern world? They have caused not only this problem, but the case of Asia Bibi and, previously, the deaths of Salmaan Taseer and my friend Shahbaz Bhatti. It is about time that those laws were removed. Will the Minister do something about it?

[Mark Field]

The hon. Gentleman will be well aware that our own high commission, and our excellent high commissioner Tom Drew in Islamabad, have made our concerns very clear. The hon. Gentleman mentioned the Asia Bibi case. I think that we were all greatly relieved at the outcome, but obviously the security of her family is still at the forefront of our minds. I do not want comment on further speculation, but the fact that this matter has been resolved is, I think, a tribute not just to the Pakistan authorities but, in particular, to the new Pakistani Government. However, I will endeavour to ensure that our high commission is made fully aware of the specific concerns that the hon. Gentleman has raised.

[Joan Ryan (Enfield North) (Change UK)]

Will the Minister undertake to raise with Sri Lanka the need to seek UNHCR assistance in managing the settlements so that they are not de facto detention camps? Also, further efforts need to be made for the security of these refugees, and Sri Lanka needs to deploy adequate numbers of law enforcement officers to ensure the protection and security of these vulnerable people.

[Mark Field]

The right hon. Lady makes the valid point that there is a risk, particularly if resettlement takes longer than we would all wish, that the settlements become de facto detention camps, which would be an unsatisfactory state of affairs, to put it mildly. As I have said, my counterpart from the Home Office was in Sri Lanka only last week and I know these sorts of issues were actively discussed. We will continue to make the case to which the right hon. Lady has referred.

[Tom Brake (Carshalton and Wallington) (LD)]

The Minister will be aware that the Ahmadi community in the UK is very active, including delivering condolence cards to Christian churches here following the attack in Sri Lanka and raising lots of money for charity in the UK and abroad. If that community chooses to fundraise for the refugees in Sri Lanka would the Government be able to match, or indeed better, the sum it raises?

[Mark Field]

I had better be a little careful because though I have these added responsibilities, I do not have Treasury responsibilities. However, the right hon. Gentleman is right that it would be useful if we were able to match that sum in the way that we have on other occasions; perhaps he could write to me with specific details of that and I will take it up with the Treasury and other Departments.

[Jim Shannon (Strangford) (DUP)]

Vulnerable ethnic and religious minorities in Sri Lanka must be protected, and the Sri Lankan Government have given an undertaking to protect those who wish to worship their God. What has been done to assist those Ahmadis who have fled Pakistan in fear but are now afraid in Sri Lanka and seek somewhere else to relocate to to achieve that?

[Mark Field]

The hon. Gentleman always speaks for the dispossessed across the world and stands up for the freedom of religious belief. As I have said, we are working closely on the ground to do all we can with international partners, particularly the UN, to make life better for those impacted. I hope to report back either in FCO questions next week, or in due course, about progress in what is happening in Sri Lanka.