Hong Kong National Security Legislation

Tom Tugendhat Excerpts

Wednesday 1st July 2020 Commons Chamber

[Dominic Raab]

I thank the hon. Lady for her support for the action that we are taking on Hong Kong and the measures that we are introducing in relation to BNOs. She made a number of points and lamented the lack of a comprehensive strategy. I would always welcome any particular suggestions she has. I did not hear any specific suggestions that were not covered in my statement, but I am happy to keep engaging with her.

The hon. Lady asked about the details of the BNO offer. The Home Secretary will come forward in due course, as appropriate, and set out all those details to the House. Obviously, there will be all sorts of regulatory arrangements that we need to put in place, but the contours of the offer are very clear. We welcome BNOs to come to this country. We have a specific historical responsibility to them and there will not be any quota.

In answer to the hon. Lady’s question about numbers, we constantly assess the likely take-up. I think that, in reality, a large number of those who might be eligible will want to stay in Hong Kong. Others may go to countries in the region, but we have a historical responsibility and therefore we are making our position clear. I have also had a number of conversations with our international partners, particularly those with specific and close relationships with Hong Kong and who have large numbers of that community in their countries. I would expect others to be looking very carefully at what they do.

The hon. Lady asked about the Magnitsky legislation and said that it was promised two years ago. It was in the 2019 election manifesto. I have been clear that we will come to the House before recess, not just with the legislation but with the first designations. She also asked about Carrie Lam and the representations that have been made to her. Andy Heyn, our consul general in Hong Kong, spoke to her in the last 24 hours to express our objections to the new legislation.

The Foreign Office’s permanent secretary will also summon the Chinese ambassador, to reiterate the points that I have made before the House. I spoke to Foreign Minister Wang Yi for a considerable period on 8 June, to make clear in advance our strong objections to the nature of the legislation, in order to try to avert this outcome.

The hon. Lady was right to note that extraterritoriality is a feature of this legislation. It is not entirely clear how that will be applied in practice, but it is another sobering cause for concern, and I join her in expressing that. Finally, she asked about Huawei. She will know that the National Cyber Security Centre is reviewing the situation in relation to Huawei and 5G, in the light of US sanctions, and will report in due course. I am sure that the House will be updated as soon as that review is concluded.

Above all, this is an important moment when we agree across the House on the strategic point that we all wish to make, which is that there has been a clear and serious violation of the joint declaration, that we must honour our obligations to BNOs and that we must work with our international partners to build the widest caucus and coalition of like-minded countries who say—not just on the issue of Hong Kong but on the wider question of trust—that China must live up to its international responsibilities.

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

I welcome the bipartisan nature of this discussion and the fact that both sides of the House so clearly agree that this is a violation of the Sino-British joint declaration. I also welcome the Home Secretary’s decision to extend immigration rights to those with BNO status. As the Foreign Secretary will know, that is supported by about two thirds of UK people, according to a China Research Group poll published this morning.

The extraterritorial nature of the legislation has direct implications for our own university sector and freedom of speech in our academic institutions, as Chinese students have already been influenced to silence debate and change outcomes here in the UK. The legislation also raises questions about our legal system because, as the shadow Foreign Secretary said, British judges sit in judgment in Hong Kong. How can they defend civil and commercial rights if those rights are being violated by the very law they are sent to uphold?

We are watching this spread to other areas. Taiwan is already under increasing pressure, as the former Foreign Secretary and former Health Secretary, my right hon. Friend the Member for South West Surrey (Jeremy Hunt), has pointed out. The removal of the word “peaceful” in reference to the bringing together of China by the time the Communist party is 100 years old is a big change. Will the Foreign Secretary join me and the Chairs of the Select Committees in Australia, Canada and New Zealand in calling for not just a statement at the UN Human Rights Council but that the Council send a special rapporteur to Hong Kong? What happens in Hong Kong matters to the whole world.

[Dominic Raab]

I thank my hon. Friend, the Chair of the Foreign Affairs Committee, and pay tribute to his assiduous work on this issue. He is right to pay tribute to the Home Office, which has done an excellent job with the Foreign Office on working through this issue. He is right to say that we should be standing up for freedom of expression not just in Hong Kong but within British universities. I have raised that issue across Government, including with the Education Secretary. We need to be acutely aware of that and ensure that we have every safeguard we need in place.

I pay heed to the various points that my hon. Friend made. He is right to say that we need to work with the UN. I note the point he makes about the special envoy. I hope that he will be reassured by the fact that we have delivered this unprecedented statement in the Human Rights Council with 27 international partners, which has not been done before. That is a testament to the leadership of the Foreign Office and our diplomatic network. We must continue to do that, because we increasingly see China trying not just to violate international obligations on occasion but to undermine the rules-based international system. It is incredibly important that we work with our partners around the world, including our Five Eyes and European partners, to avoid that happening and to firm up the international rule of law.