Hong Kong National Security Law Anniversary

Patrick Grady Excerpts

Wednesday 28th June 2023 Westminster Hall

[Patrick Grady (Glasgow North) (SNP)]

It is a pleasure to serve under your chairmanship, Sir George. I congratulate the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) on securing the debate, and I recognise his determination to keep the persecution in Hong Kong and the Government of China’s record on human rights more generally as live issues for consideration by this House and for response and action by the UK Government.

The UK’s history as a colonial power in Hong Kong has left a series of moral and legal obligations on this country. The population of Hong Kong, like the populations of many countries around the world, are still living with the legacy of an era and a mindset that saw territories and peoples as the playthings of men who thought themselves so powerful that they could decide the fate of empires from thousands of miles away in the Locarno Suite and the Map Room of King Charles Street. If that mindset is wrong in the present day, and we rightly condemn strong men and dictatorial regimes who seek to annex or govern territories without democratic mandates, we must also recognise that that kind of mindset was wrong when it was being exercised in this country in years gone by and be clear that we intend to learn lessons from the past and resolve to work for democracy, freedom and human rights around the whole world.

As the right hon. Member for Chingford and Woodford Green said at the start of the debate, even in the complex story of postcolonial transitions, the Sino-British agreement regarding the future of Hong Kong is probably unique. He was right to stress that of particular relevance to this debate is the agreement between both parties that the economic and social systems in Hong Kong prevailing in 1997 would remain unchanged, as would the rights and freedoms enjoyed by the population, with a commitment that this would last during the 50-year handover period. This was to be the basis of “one country, two systems”, and the agreement represented an internationally ratified and binding agreement between the UK and China.

We are now 26 years—a little more than halfway—through that period. It is clear from all the contributions to the debate that the pace of change in Hong Kong, particularly with regard to rights and freedoms, is considerably faster and more detrimental to those rights and freedoms than foreseen in the agreement. In short, the Government of China and the Chinese Communist party are not keeping up their end of the bargain.

Nowhere is that clearer than in the implementation of the national security law, passed by the Parliament in Beijing, bypassing and without reference to the Legislative Council in Hong Kong. I am sure the Minister will be quick to condemn central Government for making laws for territories that have established legislative autonomy without consent from the legislatures of those territories. We have heard how comprehensively the law restricts basic rights to freedom of speech and assembly in the name of preserving loosely defined national security in the face of so-called secession, subversion, terrorism and collusion with foreign forces.

The hon. Member for East Worthing and Shoreham (Tim Loughton) was right in his valuable contribution to highlight that this is not new; this kind of oppression has been going on for a very long time, and he cited some important case studies. Amnesty International has said of the national security law:

“The consequences are grave—the undefined nature of key aspects of the law has created fear among people in Hong Kong”

about what may

“put them at risk of criminal prosecution, removal to the mainland or deportation from the territory.”

We have heard about a number of specific cases where this law has been applied, demonstrating exactly the concerns raised when it was passed three years ago. The detention of Cardinal Joseph Zen, along with other humanitarian activists, was of particular concern. As the hon. Member for Strangford (Jim Shannon) said, it highlights wider issues around the CCP’s attitude to freedom of religion or belief in China.

The ongoing oppression and detention of journalist Jimmy Lai has been raised powerfully by just about all Members here, and a further law has been passed recently to specifically prevent him from being represented by foreign lawyers. It is important that the Minister responds to the extremely forceful points that have been made. This man holds a UK passport, and that is supposed to be worth something. If the rights outlined in his passport are diminished, the rights in all our passports are diminished, and how we are supposed to travel with confidence is of considerable concern.

The US-based Hong Kong Democracy Council says that the only countries incarcerating political prisoners at rates faster than Hong Kong are Myanmar and Belarus. Belarus, of course, sits outside the jurisdiction of the European Court of Human Rights.

Given the special legal and moral responsibilities that the UK Government have towards Hong Kong and its people, it really is time for action, not words. We welcome the establishment of safe and legal routes for people from Hong Kong to come to the UK—perhaps that model could be applied to other parts of the world for people fleeing oppression who have historical or family ties to the UK—and we welcome the UK’s acceptance that China is not upholding the Sino-British joint declaration, but more clearly has to be done. As the hon. Member for East Worthing and Shoreham said, there has to be action.

Hong Kong officials known to be violating human rights could be included on the UK’s Magnitsky sanctions list. The Government could publish an asset audit of Hong Kong and Chinese officials linked to human rights abuses. They could establish an illicit finance commissioner to monitor the presence of such assets. As the right hon. Member for Ashford (Damian Green) hinted, they could explain what robust pragmatism actually means. What would be required to take a more robust and less pragmatic approach?

How does the Minister expect the Economic Activity of Public Bodies (Overseas Matters) Bill to affect the ability of local authorities and other agencies to use their democratic processes to decide not to buy or invest in activities in China? We had examples of where people might not want to buy goods that had been manufactured in China, for various reasons. Can he assure us that no state pension funds are being invested in stocks or bonds of firms complicit in gross human rights abuses?

Ministers will have heard these calls repeatedly from the SNP Benches and others today and in previous debates and are clearly paying close attention to them. I have no doubt that the right hon. Member for Chingford and Woodford Green and others will continue to turn up the volume on these issues until we see meaningful action from the Government.