Foreign Affairs Committee (Hong Kong Visit)

Richard Ottaway Excerpts

Tuesday 2nd December 2014 Commons Chamber

[Sir Richard Ottaway (Croydon South) (Con)]

I beg to move,

That this House has considered the ban by China on the Foreign Affairs Committee visit to Hong Kong.

As one who travels more than most, I have become only too aware of the high regard that the world has for the United Kingdom—for what this iconic building stands for, what the Chamber stands for, and what those who sit in it stand for. It is, in a phrase, freedom and democracy: a respect for human rights around the world, and an abhorrence of tyranny. The decision by the Government of China to ban the Foreign Affairs Committee’s visit to Hong Kong is a mistake. It is an attack on the men and women of the free world.

It is nearly five years since the House did me the great honour of electing me Chairman of the Foreign Affairs Committee. During that time, I have been ably supported by my colleagues. We have visited some of the most troubled parts of the world—places where democracy is all but non-existent, or an illusion—but in none has anyone ever sought to deny us access, or accused us of

“meddling in the internal affairs of another country”,

as the Chinese ambassador did during a meeting with me on 15 August. That is an accusation unsupported by any evidence.

Between the end of the first opium war with China in 1842 and withdrawal in 1997, the Union flag flew over the island of Hong Kong. In 1898, the Chinese authorities granted a 99-year lease of the new territories on the mainland. The looming expiration of that lease began to exercise diplomats in the 1970s and 1980s. The Chinese made it clear that they wanted the return of the new territories, without which Hong Kong was not a viable entity. A course of action and a handover were carefully planned, and the Sino-British joint declaration was agreed. The declaration was signed in the Great Hall of the People in Beijing on 19 December 1984 by Margaret Thatcher and the Chinese premier, Zhao Ziyang. It was deposited with the United Nations a few months later.

I am afraid to say that I am old enough to have been a member of the House of Commons at the time of the signing. The reaction then was that this was not a bad deal at all. It was as good as we were going to get, and it was either this or no deal at all. At its heart was a commitment to a “one country, two system” style of government, and a pledge that the socialist system of China would not be practised in Hong Kong, that Hong Kong would retain its status as an international finance centre, and that its previous capitalist system, its rights, its freedoms and its way of life would remain unchanged for 50 years. The joint declaration provides that those undertakings shall be set out in the Hong Kong Basic Law, and—critically—stipulates that the Chief Executive may be elected. Article 45 of the Basic Law states:

“The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.”

The flashpoint for the current protests in Hong Kong was the publication in August of a decision by the standing committee of the National People’s Congress in Beijing on procedures for the election of the Chief Executive in 2017. Aware of the forthcoming decision, two key pro-democracy campaigners, Anson Chan and Martin Lee, told our Committee in July that their main concern was that the “broadly representative nominating committee”, which approves candidates for the post of Chief Executive, would be “dominated” by Beijing loyalists. Martin Lee said that anyone who was not trusted by Beijing would be

“screened out ...even though they were trusted by the Hong Kong people”.

That is the problem that has given rise to unrest, and to the peaceful protests that have received global attention.

Let me clarify for the record, and for those who are not familiar with the workings of the British constitution and the House, that a Select Committee is not part of the United Kingdom Government. On the contrary, the job of the Foreign Affairs Committee is to exercise oversight of the Foreign Office and its policies, and we operate totally independently.

Since the handover in 1997, the Foreign Office has published a report to Parliament on Hong Kong every six months. In its report of 12 July this year, it said of the growing constitutional arguments:

“the important thing is that the people of Hong Kong have a genuine choice and feel that they have a real stake in the outcome.”

It continued:

“But it is clear that there is still some way to go for consensus to be reached.”

Given the hundreds of thousands of protesters who were on the streets, that was a wonderful British understatement by the then Foreign Secretary, who I am pleased to see is in the Chamber today.

In response to growing concern here and abroad, the Foreign Affairs Committee decided to conduct an inquiry into the strength, accuracy and veracity of the Foreign Office reports. Our terms of reference are simple: to investigate not just the six-monthly reports and the political and constitutional issues that are raised, but the bilateral relationship in terms of trade, business and culture, and the work of the British Council. The most important point is that we embarked upon our report with an open mind. We have no preconceived conclusions, and we invited all interested parties to give evidence, including the Hong Kong and Chinese Governments.

However, shortly after we announced our inquiry, the Chinese ambassador to London wrote to me on 14 July stating that

“The affairs of Hong Kong SAR”—

Special Administrative Region—

“are purely China's internal affairs”,

and that he was

“firmly opposed to any interference in Hong Kong…by any foreign country and by any means.”

He concluded with the advice that the Committee should not make its planned visit to Hong Kong in December. We rejected that advice, because we believed that it would be an abrogation of our responsibilities to the House if we accepted it.

In a letter to me dated 22 November, Mr Song Zhe, China's commissioner to Hong Kong—that is, its representative in Hong Kong—went further, saying that our visit would be viewed as

“support to ‘Occupy Central’ and other illegal activities”.

Occupy Central is the name of the protesters’ campaign on the streets of Hong Kong. In response to the letter, the Committee simply stated it was still our intention to visit. As a result, the deputy ambassador to the Chinese Embassy came to see me in the House on Friday afternoon, and informed me that the Committee would not be allowed entry into Hong Kong for the purposes of our inquiry. The meeting took place in a Committee Room on the Upper Committee Corridor. Fortunately, for the purpose of greater accuracy, I invited the editor of Hansard to attend to ensure that there would be a verbatim record of the conversation. I am grateful to her for her efforts.

At the heart of the Chinese argument, conveyed to me at the meeting, is that the joint declaration signed by China and the United Kingdom is now void and only covered the period from the signing in 1984 until the handover in 1997. Given that the Chinese Government gave an undertaking that the policies enshrined in the agreement would remain unchanged for 50 years, this is a manifestly irresponsible and incorrect position to take. It is a live agreement, which is why the Foreign Office rightly continues to produce its six-monthly reports on Hong Kong. Britain is a party to over 18,000 international treaties and agreements. To suggest that we have no right to assess the performance of our counter-parties to such agreements is ridiculous.

The second point made is the old Aunt Sally—which was made not once, but twice—that we are not a colonial power any more and must not behave like one. I only mention this to enable the House to assess the mindset inside the Chinese Government.

I believe that the decision to ban the Committee is wrong and will have a profound impact. First, decisions on entry to Hong Kong are devolved under the Basic Law and are clearly a matter for the Hong Kong Administration, not the Chinese Government. This sends a clear signal that the pledge that Hong Kong would

“enjoy a high degree of autonomy”,

as set out in paragraph 3(2) of the joint agreement, is now under threat. That the ban on the Committee clearly came from the Chinese Government brings into question whether the key principle of “one country, two systems” still has any meaning.

Secondly, we are China’s partners, not a distant third party. This decision will do nothing but damage Anglo-Chinese relations, something I regret. China is a fellow member of the G20. We have a free flow of parliamentarians, officials, businessmen and those involved in cultural exchanges. I say to China, “If you want to be a member of the G20, you have to behave like a member of the G20.” We have Chinese delegations here all the time. It should not be a one-way street. The Minister of State, my right hon. Friend the Member for East Devon (Mr Swire), is, in fact, due to visit Hong Kong in a few weeks’ time; are they going to ban him, too?

[Keith Vaz (Leicester East) (Lab)]

I fully support what the right hon. Gentleman has said today. He has put his case in a very measured and eloquent way and I am sure the whole House supports the position taken by the Foreign Affairs Committee, which of course has implications for other Select Committees, should they wish to visit other countries.

Of course, Select Committees are separate from the Government, but were any representations made by the Government to the Chinese Government about the refusal to grant a visa and allow the FAC to go to China?

[Sir Richard Ottaway]

As a fellow Select Committee Chairman, I am very grateful for the right hon. Gentleman’s support and he will fully understand the position the Committee finds itself in. If he does not mind, I will leave it to the Minister to answer his question, perhaps when he winds up, but I would say that the Foreign Office has been nothing but supportive of the Committee throughout this unhappy episode.

Thirdly, and most importantly, this decision points to China’s direction of travel. If there is a commitment to democracy in Hong Kong, one first has to understand democracy. Democracy embraces criticism, and constructive criticism is the most valuable thing democracy can provide. If China blatantly blocks well-wishers like this Parliament, that raises big, unanswered questions which will alarm the people of Hong Kong and the region. This decision will not go unnoticed in Taiwan.

[Nadhim Zahawi (Stratford-on-Avon) (Con)]

May I say that it is a pleasure to serve on the FAC under my right hon. Friend’s chairmanship? Does he agree that the Chinese Government have already concluded that they know what our report will say, which is unwise, and they have forfeited the opportunity to put their case to the Committee?

[Sir Richard Ottaway]

My hon. Friend is absolutely right and I value his support on the Committee. We have approached this inquiry with an open mind, and I think the Chinese Government and the Hong Kong authorities are missing a real opportunity by declining to give evidence to us. Indeed they do not even recognise the Committee as they continue to call this a “so-called inquiry.”

Finally, Hong Kong is the largest stock market in China and its main financial services hub, supporting a fifth of the world’s population. It currently has free flows of money, goods and services. What sort of message does this send to future investors? This arbitrary action can only harm China’s reputation and financial interests in an increasingly global world. In Asia, a stable Singapore looks a much better place to do business at the moment.

[Robert Flello (Stoke-on-Trent South) (Lab)]

I have been listening with great interest to the right hon. Gentleman’s speech, which I think is absolutely spot-on. Does he agree that the Chinese are looking at this in the following way: “Well, there was all that fuss about Tibet and we just got on with it, and there was all that fuss about our appalling human rights record but we have just got on with it. So over time, this too, will all go away and we’ll continue to trade and be able to sell our goods around the world and nobody will take a blind bit of notice”?

[Sir Richard Ottaway]

The hon. Gentleman makes a very good point. After the spat over the Dalai Lama, Anglo-Chinese relations were on the right trajectory, and I think this is a very serious hiccup now, which will give a lot of people reason to pause and reflect.

We will continue with our inquiry, but this decision cannot go unchallenged. As Members of this House are well aware, as we enter this Chamber we pass under the archway which has been deliberately left with the damage inflicted by a bomb in the second world war. It is a reminder of the damage that can ultimately be caused by the enemies of freedom. The anchor in our world today is freedom. It gives us our sense of direction. It is how we decide between right and wrong. I invite the Government to condemn this action in the strongest possible terms.

--- Later in debate ---

[Mr Roy]

Absolutely. Think of the uproar there would be if we suddenly said to Chinese parliamentarians, “You are not coming to this country. You are not coming into this building.” It does not take a huge brain to work out the uproar that would result from such a ban if it were the other way around.

[Sir Richard Ottaway]

The hon. Gentleman might be interested to know that it is my understanding that a delegation from China is coming to Parliament this week.

[Mr Roy]

If they are coming this week, I am sure that I speak on behalf of the whole House in saying that they are most welcome to attend Parliament and to have a full and frank discussion on any subject they wish to raise with any politician.

I was talking about areas that we have visited where one would imagine that there could have been problems. Several Members recently returned from the Kurdistan region of Iraq, which we visited in connection with our current inquiry into Kurdistan. Like Hong Kong, it is a sub-region within a sovereign country. Kurdistan is constitutionally very sensitive for the Iraqi Government, but the Iraqis were welcoming and helpful. They understood that we were travelling there not to build on discord or to start a row, but to do a job on behalf of the people we represent and ultimately, we hope, to make more people understand the problems that there are in Iraq and Kurdistan.

The Prime Minister’s spokesperson said yesterday that the Prime Minister believed that the decision was mistaken. He said that it served only to

“amplify concerns about the situation in Hong Kong, rather than diminish them.”

As the Chairman of the Select Committee said so eloquently, China’s decision to deny us entry sends a worrying signal about its direction of travel regarding Hong Kong. It is also a worrying signal for the people of Taiwan and the Government of Taipei. We must be under no illusion: the people of Taiwan and the Government of Taipei will be watching this situation and asking, “Is this where we could go? Is this what could happen to us?” Who could blame them if they did?

I will be grateful if the Minister answers five questions when he sums up. First, how do the Government intend to respond to this unprecedented ban? Secondly, what meetings and conversations have Ministers sought or held with their counterparts in China in the past five days to discuss this issue? Thirdly, has the FCO called in the ambassador? Fourthly, has the United Kingdom’s embassy in China protested formally to the Chinese Government about the ban, and if not, why not? Lastly, what does the Minister think the ban says about China’s approach to the United Kingdom and the work of democratically elected parliamentarians?

The decision to ban our Select Committee is wrong and totally undemocratic. It must not go unchallenged.

--- Later in debate ---

[Sir Richard Ottaway]

I am grateful to the House for the debate. Four things have emerged from it. First, the joint declaration is still alive and well, and this Parliament will continue to take an interest in it. Secondly, it is the view of Parliament that China is the loser in this situation, from both a commercial and a strategic point of view. Thirdly, although bilateral relations will suffer in the short term, we are quite capable of rebuilding them; the question for the Chinese is, are they? The Foreign Affairs Committee remains willing to visit Hong Kong if agreement can be reached. Fourthly, the hon. Member Member for Motherwell and Wishaw (Mr Roy) posed a number of questions in his speech, and we should be grateful if the Minister could give us answers to them in writing.

Finally, Mr Speaker, I thank you for your unfailing support for this process. The winner in it is Parliament, and the quality of the debate has justified your decision.

Question put and agreed to.

Resolved,

That this House has considered the ban by China on the Foreign Affairs Committee visit to Hong Kong.