Commons Sense

House of Commons · Ministerial Statement

Hong Kong Security Legislation

20 March 2024 · 13 other contributors

Opened by Andrew Mitchell Con Sutton Coldfield

Foreign Affairs

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Andrew Mitchell raised concerns about hong kong security legislation in the House of Commons. A government minister responded. Other MPs also contributed.

Key points

  • Legislative Council of Hong Kong passed new national security legislation under Article 23 of the Basic Law unanimously.
  • The bill will come into effect on Saturday, 2024-03-23.
  • British Government stated the new law will enable authorities to continue restricting freedoms including speech.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Government Statement

Andrew Mitchell

Yesterday, the Legislative Council of Hong Kong unanimously passed new national security legislation under Article 23 of the Basic Law. The bill will come into effect on Saturday and is likely incompatible with international human rights law, further eroding the rights and freedoms in Hong Kong since the Beijing-imposed national security law was introduced in 2020. The British Government stated that this new law will enable authorities to continue their clampdown on freedoms including speech, assembly, and media, entrenching self-censorship and failing to provide certainty for international organisations operating there. Although Britain recognises jurisdictions' rights to implement national security legislation, Hong Kong must ensure laws align with international standards, rights, norms as set out in UN treaties, the Sino-British joint declaration and its Basic Law. The British Government have urged respect for rights and freedoms, high degree of autonomy and the rule of law. They welcome contributions from the growing Hong Kong diaspora, ensuring safety to live here while exercising their rights and freedoms.

Other contributors (13)
  • Iain Duncan Smith Con Chingford and Woodford Green

    Question

    Article 23 allows up to 14 years imprisonment for failure to disclose another person's intention of committing treason, including peaceful protest or voicing discontent. Journalists disclosing national secrets face up to ten years imprisonment. Since the national security law in 2020, Hongkongers have endured relentless oppression contrary to the Sino-British agreement with little action from the UK. The US has sanctioned 42 people in Hong Kong compared to zero by the UK despite not signing that agreement. Why haven't UK warned businesses about relying on English common law protection in Hong Kong?

    Minister reply

    The British business community is experienced and capable of reaching conclusions independently, but if advice was sought, it would be provided. Regarding targeted sanctions, China's sanctioned individuals should bear their circumstances with fortitude as they are outrageous.

  • David Lammy Lab Tottenham

    Question

    The new national security law is causing fear and unease to UK nationals living in Hong Kong and international businesses. The article 23 provisions apply to Hong Kong residents and businesses anywhere in the UK, leading to threats of transnational repression, especially towards the 160,000 Hongkongers who came via BNO passports route. Many feel unsafe and unprotected, denied access even to their own pensions. Does the Minister accept this law represents a clear breach of international law? If so, will he say that to his Chinese counterparts?

    Minister reply

    The legislation is not a breach of the Sino-British joint declaration as China legislates for itself; however, Britain declared in 2021 that China was in ongoing breach. The legislation claims it complies with international law but proof will be seen in implementation.

  • Julian Lewis Con New Forest East

    Question

    While the Minister acknowledges changes since Cameron's 'golden era' of Sino-British relations, China remains a totalitarian state now. Shouldn't FCDO learn this lesson?

    Minister reply

    The Intelligence and Security Committee shares the view that China is a totalitarian state; however, it regrets politics trumping economics in respect to Hong Kong's uniquely brilliant features as an international trading city.

  • Martin Docherty Lab West Dunbartonshire

    Question

    I thank the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for securing the urgent question. Let me try to get some answers from the Government about a response to what communist China has done, and critically what we can do in the UK about Confucius Institutes... There is some confusion about that.

    Minister reply

    We are very much aware of the Confucius Institutes and the way in which they operate. I can assure the hon. Gentleman that we always keep such matters under review. If we have any changes to make to what we are doing, we will be sure to announce them in the House.

  • Sarah Champion Lab Rotherham

    Question

    There is no doubt that article 23 will have a chilling effect on freedom and human rights in Hong Kong... Given the number of UK dual nationals in Hong Kong, what plans do the Government have to protect UK citizens from political persecution by China, both here and in Hong Kong?

    Minister reply

    I thank the Chair of the International Development Committee for her comments. As she knows, we created the British national overseas route in 2020, which creates a pathway to permanent citizenship for British national overseas passport holders. It is working extremely well. Of course, we always keep it under review, but we have no current plans to change it.

  • Tobias Ellwood Con Bournemouth East

    Question

    It was supposed to be “one country, two systems”, but that has clearly disappeared... The new national security legislation will see the introduction of closed-door trials, detention for up to 16 days without charge, and the lowering of the bar of when life sentences can be imposed. I believe my right hon. Friend the Minister has business experience in Hong Kong, so what impact does he think these new draconian measures will have on the international community doing business with Hong Kong in the future?

    Minister reply

    I thank the former Chair of the Defence Committee for his question... It is quite extraordinary how Hong Kong’s brilliant pre-eminence in business is being undermined by this legislation and, indeed, by much other legislation and acts by the Chinese Government.

  • Layla Moran Lib Dem Oxford West and Abingdon

    Question

    This is yet another nail in the coffin of Hong Kong democracy... In his role as Foreign Minister, would the right hon. Gentleman care to give that assurance now? Should China be joining the CPTPP while it is doing things such as this?

    Minister reply

    The hon. Lady is an extremely experienced parliamentarian and knows that I will not add to what my right hon. Friend the Secretary of State for Business and Trade said here yesterday... We suspended our extradition treaty with Hong Kong in 2020, and that was absolutely the right thing to do.

  • Christopher Chope Con Christchurch

    Question

    Why are the Government continuing with their policy of continuous appeasement of China?

    Minister reply

    I do not recognise the point that my hon. Friend makes... We have relations with many regimes whose values and views we do not share.

  • Barry Sheerman Lab Huddersfield

    Question

    I have some sympathy for the Minister, because I think he shares my sense of shame... The whole of the electrical distribution in London and the south-east is directly owned by a Chinese company. Surely we can take real sanctions against that country, which has gone back on everything it promised over Hong Kong.

    Minister reply

    I am most grateful to the hon. Gentleman for his opening sympathy and support... It is one of the differences between China and Britain: we have an open, free and democratic system.

  • Edward Timpson Con Eddisbury

    Question

    The message that this legislation sends out is that political control trumps all else... What assessment has the deputy Foreign Secretary made of this national security law both in relation to economic stability, competitiveness and performance in the city of Hong Kong?

    Minister reply

    My hon. and learned Friend makes an extremely shrewd point... This is not legislation that is scrutinised in the way that we understand legislation to be scrutinised.

  • Alistair Carmichael Lib Dem Orkney and Shetland

    Question

    The all-party parliamentary group on Hong Kong, which I chair, heard very powerful testimony this morning from a young Hongkonger who had been a political prisoner in Hong Kong... Surely that is something that must be reviewed.

    Minister reply

    That is not a matter, as the right hon. Gentleman will appreciate, only for us... As he might have seen, Volker Türk, the UN human rights lead, has said that it looks, on the face of it, incompatible with international humanitarian law.

  • Tom Randall Lab Portsmouth North

    Question

    Having also been at the Hong Kong all-party group meeting this morning, I, too, heard the powerful testimony given by those pro-democracy activists who have suffered so much in advocating their cause... Can my right hon. Friend assure me that active discussions are happening across government, with the Home Office, the Ministry of Defence and others, to ensure that Hongkongers living in the UK have the protections necessary against any future Chinese prosecution?

    Minister reply

    My hon. Friend knows a great deal about these matters and speaks with great wisdom on them... He may rest assured that we continue to watch over these matters with all possible concern and rigour.

Shadow Comment

Iain Duncan Smith

The shadow welcomes the Government’s statement but finds it insufficient. Article 23 permits sentences up to 14 years if an individual fails to disclose another person's intention of committing treason, which includes peaceful protest or voicing discontent. Journalists disclosing national secrets face up to ten years imprisonment. Since the national security law in 2020, Hongkongers have endured relentless oppression contrary to the Sino-British agreement, with little action from the UK. The US has sanctioned 42 people in Hong Kong compared to zero by the UK despite not signing that agreement. Duncan Smith questions why the UK did not warn businesses as the US did about relying on English common law protection in Hong Kong and requests publication of FCDO documents showing targeted sanctions against Chinese officials were paused indefinitely.

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