Hong Kong

Tom Tugendhat Excerpts

Thursday 26th September 2019 Commons Chamber

[Dominic Raab]

I thank the hon. Lady for her questions and interventions on the substance and the constructive way she has presented them to the House. I share her concerns about the repression of peaceful protest, though mindful, as I have said, that some of the protests have been violent, which is unacceptable, too. I also share her concern to make sure that the right of peaceful protest enshrined in the joint declaration is respected on all sides in Hong Kong and by us and the Chinese Government.

I will, if I may, make a couple of further points. The joint declaration, as a bilateral treaty, reflects not just the right to peaceful protest but the basic international human rights obligations, which would apply to China in any event. It is a bilateral expression of those rights, and it is important not just for the people of Hong Kong but for the wider model that China advocates—the one country, two systems model—and which we wish to respect.

The hon. Lady asked what contact I had had with the Chief Executive, Carrie Lam. I spoke to her at length on 9 August, and I raised all the issues that I have already expressed, particularly the disproportionate use of force by the police against the protesters. I also raised the issue of the Independent Police Complaints Council. In line with and alongside the withdrawal of the extradition Bill, that is an area where the Government in Hong Kong have taken some steps to try to strengthen and reinforce their impartiality and therefore their credibility. We need to test that very carefully and see whether it produces an impartial and objective review.

The hon. Lady rightly raises the issue BNOs, and I thank her for that. The status of BNOs is part of the package that was agreed in terms of the joint declaration. There is no right of permanent residence under the BNO passport, but it is part of the overarching model of one country, two systems which, at least at this point, we are arguing needs to be respected, but it needs to be respected by all sides, including by China.

Finally, on the six-monthly report, I would hope that to be due at the end of October, or by November at the latest.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

Again, I welcome my right hon. Friend to the Chamber today, and I thank the hon. Member for Hornsey and Wood Green (Catherine West), a fellow member of the Foreign Affairs Committee, for raising this important question.

Although I appreciate the points that the Secretary of State has already made about BNOs, it is clear that the UK Government did take a subtly different position at the time of handover when certain key members of the Administration were granted UK citizenship to give them the confidence to stay on at a moment of—let us face it— trouble and doubt. Is there not an opportunity now to assure people that they do not have to make urgent decisions now, by knowing that their rights will be guaranteed? Will he also talk to his friend the Lord Chancellor about the presence of UK judges in the Court of Final Appeal? We all know that Hong Kong’s economy is underwritten by the rule of law, as, indeed, is ours. The independence of the judiciary and the ability to have judges who can speak freely and fairly and without threat of influence from Beijing is one of the things that underwrites not just Hong Kong’s economic expansion but China’s. Therefore, valuing those judges, knowing that they are an integral part of the rule of law—not just on commercial rights, but on civil rights—would seem a very good place for the UK to start.

[Dominic Raab]

I thank my hon. Friend the Chair of the Select Committee. He makes a number of very important and powerful points, and I have been reflecting on them and, indeed, on the reports from his Committee. May I just say that I will of course pass on his comments in relation to the judiciary to the Secretary State for Justice? He makes those points in an important way. Of course, they are good for Hong Kong and its reputation and the wider reputation of China as a place that is open to do business.

Let me be clear about this issue of BNOs. The BNO status, which did not entitle the holders of those passports to a right of permanent residence in the UK, was part of the delicate balance and negotiations that were conducted and then concluded at the time of the joint declaration. We are seeking not to change the status of any one part of that package, but rather to press all sides, including the Chinese, to respect the delicate balance reflected in that package. That is why, for the moment, we will not change or alter the status of the BNOs, but we will make sure that, in terms of their rights and entitlements they are entitled to expect within that status, they have our full support.