Hong Kong: Pro-Democracy Activists

John Bercow Excerpts

Wednesday 10th April 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 conviction of pro-democracy activists in Hong Kong.

[Mr Speaker]

I call Minister Mark Field. We are very accustomed to seeing the right hon. Gentleman at the Dispatch Box recently. He is well and truly earning his keep.

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

Thank you, Mr Speaker. I seem to be here to discuss either this area, the middle east or, indeed, Turkey, a debate to which I was responding in Westminster Hall earlier today.

I emphasise at the outset both to the right hon. Gentleman and to the House that the UK Government are acutely aware of our enduring responsibilities to Hong Kong. We were a joint signatory to upholding the joint declaration between the UK and China some 35 years ago, and the joint declaration is of course lodged with the United Nations. As such, we remain absolutely committed to monitoring and ensuring the faithful implementation of the joint declaration and the principle of one country, two systems. I reassure the House that we clearly and consistently raise our concerns with the Chinese and Hong Kong authorities. Parliament is updated on developments in Hong Kong through our six-monthly reports submitted by the Foreign Secretary, the most recent of which was published on 27 March. We always stand ready to comment publicly and robustly when appropriate.

Yesterday, the Hong Kong courts gave their verdict on the nine key figures in the Hong Kong Occupy movement. The protesters were arrested after large-scale protests in 2014. Each was found guilty of at least one public nuisance offence, and such offences carry a maximum sentence of seven years in prison. We shall have a better understanding of the severity of the sentence, and therefore the signal that the decision purports to send to others who choose to exercise their rights under Hong Kong’s Basic Law and Bill of Rights, once sentences have been handed down. Sentencing is due on 24 April, and the defendants have the right to appeal. It would therefore not be appropriate to comment further or in detail on the ongoing legal cases, but suffice it to say that this is a potentially protracted legal process that may take years rather than months.

I have visited Hong Kong twice as a Foreign Office Minister and have held meetings with a number of senior legal figures. On my most recent visit in November, I raised the issue of the rule of law directly with the deputy chief justice, as well as with representatives from the legal, political and business communities. All staunchly defended the independence of the judiciary and it remains our position that Hong Kong’s rule of law remains robust, largely thanks to its world-class independent judiciary. Many Members will know that Baroness Hale, Lord Hoffmann and others are part and parcel of the panel that is based in Hong Kong.

Hong Kong citizens are guaranteed the right to freedom of assembly and demonstration under the Sino-British joint declaration of 1984 and the Basic Law, and it is essential that those rights are properly respected in a democracy. Hong Kong’s success and stability depend on its high degree of enduring autonomy and its respect for the fundamental rights and freedoms enshrined in the joint declaration and the Basic Law. The Foreign Secretary recently pronounced that he was

“concerned that on civil and political freedoms, Hong Kong’s high degree of autonomy is being reduced.”

It would be deeply concerning if the ruling discourages legitimate protest in future or discourages Hong Kong citizens from engaging in political activity.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

A noted Sinologist, linguist and cerebral denizen of the House, Mr Richard Graham.

[Richard Graham (Gloucester) (Con)]

Thank you, Mr Speaker. The six-monthly Foreign Office report on Hong Kong, which is circulated by the all-party China group that I have the honour to chair, recognises the close bilateral Hong Kong-UK relations on culture and trade in many sectors, but the Minister is right to highlight the continuing pressures on Hong Kong’s high degree of autonomy. Will he confirm that, in relation to the pro-democracy activists found guilty of public nuisance, the appeal process is still very much open and that the higher courts including, if needed, the Court of Final Appeal must take into consideration the freedoms of assembly and speech guaranteed under the joint declaration?

--- Later in debate ---

[Mike Gapes (Ilford South) (Ind)]

You will recall, Mr Speaker, that in 2014, at the height of the Umbrella movement protests, the Chinese embassy prevented a delegation from this country’s Select Committee on Foreign Affairs from going to Hong Kong. It is clear that the Chinese Communist authorities are extremely sensitive about any scrutiny and any questions asked by this House and its Committees. When the Minister meets his Chinese Government counterparts, will he emphasise to them that this country has a pluralistic parliamentary democracy, which is what the people of Hong Kong also wish to have?

[Mr Speaker]

I rather remember that the Chinese Government’s obstruction at that time was regarded across the House as thoroughly reprehensible. I also recall that the Chinese embassy had the greatest possible difficulty in grasping the concept of an independent Parliament. I think some re-education was required.

[Mark Field]

I think some of us get rather concerned by an independent Parliament, particularly members of the Executive at any one time, but that is another matter. I remember being on the Back Benches for many years, so I do not in any way criticise you, Mr Speaker.

I very much agree with the hon. Member for Ilford South (Mike Gapes). We need to do our level best to ensure that we stand up for our rights. I do not think that the Chinese are entirely unknowing of that. Of course, they know exactly what is going on and want to squeeze those rights. It is interesting, however, that in a significant number of areas they recognise the benefit of two systems, including commercially, where the idea of a settled rule of law will allow capital to go into Hong Kong. We need to do our level best to ensure that all aspects are maintained, and we shall do so.