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Hong Kong: Sentencing of Pro-democracy Activists
07 December 2020
Lead MP
Nigel Adams
Debate Type
Ministerial Statement
Tags
Asylum & RefugeesJustice & CourtsEconomyForeign Affairs
Other Contributors: 28
At a Glance
Nigel Adams raised concerns about hong kong: sentencing of pro-democracy activists in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Government Statement
The Minister expressed deep concern over recent developments in Hong Kong, particularly the impact of the national security law. He highlighted suspending the extradition treaty with Hong Kong and extending arms embargo on mainland China to Hong Kong. The statement also mentioned the sentencing of pro-democracy activists Joshua Wong, Agnes Chow, and Ivan Lam, urging for fair prosecution decisions that uphold rights and freedoms guaranteed under the joint declaration. British judges have supported Hong Kong’s judiciary independence over years; however, the national security law raises questions about the rule of law in Hong Kong. The UK will continue to work with international partners to hold China accountable.
Alyn Smith
SNP
Na h-Eileanan an Iar
Question
The MP questioned the adequacy of current actions taken by the UK Government and highlighted specific breaches of human rights in Hong Kong. He proposed further measures such as Magnitsky sanctions, audits of UK companies involved with slave labour, and reforming asylum processes.
Minister reply
The Minister acknowledged the shadow's concerns and emphasised ongoing international cooperation to protect Hong Kong’s autonomy, rights, and freedoms. He noted that while criminality checks are necessary for asylum seekers, it would be inappropriate to bar individuals from democratic protests like Joshua Wong.
Chingford and Woodford Green
Question
Congratulates the hon. Member for Stirling on bringing forward a question about Magnitsky sanctions and criticises HSBC's actions in freezing accounts of Hong Kong legislators who fled to the UK due to fear of persecution, urging the Government to condemn such behaviour.
Minister reply
Thanks Iain Duncan Smith for his commitment to this issue. Indicates that businesses will make their own judgments but emphasises the historic commitment made by the UK to protect Hong Kong's autonomy and freedom.
Lisa Nandy
Lab
Wigan
Question
Expresses concern over recent arrests in Hong Kong, including Joshua Wong, Agnes Chow and Ivan Lam. Questions the Minister on whether constructive engagement with China is still possible or if a stronger stance should be taken through legal avenues or sanctions.
Minister reply
Thanks Lisa Nandy for her questions. Expresses deep concern about Jimmy Lai's case and urges Hong Kong authorities to uphold international obligations. Indicates that conversations are being held with the incoming Biden Administration.
Question
Expresses concerns about HSBC and Standard Chartered supporting authoritarian laws in Hong Kong, praises the Government's robust stance on China, and asks if the integrated review will address long-term threats posed by China.
Minister reply
Confirms that the integrated review will reflect a broader strategy addressing global challenges, including China’s geopolitical agenda.
Layla Moran
Lib Dem
Oxford West and Abingdon
Question
Thanks the Minister for meeting regarding Hong Kong youth issues and questions the adequacy of the current youth mobility scheme for young Hongkongers. Suggests a better scheme, ideally extending BNO passport status to all Hongkongers.
Minister reply
Expresses gratitude for Layla Moran's visit. Describes the UK’s offer as compassionate and generous, detailing provisions under the new points-based system.
Question
Questions if it is only a matter of time before UK judges are pulled from Hong Kong courts due to lack of judicial independence. Also condemns HSBC's actions against Hong Kong citizens and churches, questioning the Minister’s statement that the national security law should not be used to oppress people.
Minister reply
Acknowledges Bob Seely's expertise but does not directly answer his questions, suggesting he apply for a Westminster Hall debate instead.
Question
May I remind the Minister that we in this House have a sacred duty? I was a member of one of the many all-party delegations that went to Hong Kong to persuade residents that they should trust China to keep its obligations on one nation, two systems. We have that obligation. The fact is that this quelling of democracy in Hong Kong is only the beginning. President Xi is an enemy of democracy worldwide who believes in world power and global economic and political domination. He has to be stopped in Hong Kong, because if not, he will not be stopped elsewhere in the world.
Minister reply
I hear exactly what the hon. Gentleman says. I am not entirely sure what the question was, but the UK Government are fulfilling our moral and political obligation to ensure that China respects its obligations under the joint declaration. We consistently raise our concerns with the Hong Kong and Chinese authorities; the permanent under-secretary at the Foreign, Commonwealth and Development Office did so with the Chinese ambassador on 30 November.
Question
It is very clear that nothing that has been said in this place, by this Government or by any Government in the international community about the crisis in Hong Kong has had any effect whatever on the actions or intentions of the Chinese Government. Piece by piece, we are seeing the stripping away of the freedoms and liberties of the people of Hong Kong. Does the Minister recognise that there is a moment here when the international community needs to do more? It is not about turning up the rhetoric and getting more bellicose in our statements. It is about practical action that shows the Chinese Government that we are serious, and makes them feel some of the pain that the people of Hong Kong are feeling right now.
Minister reply
My right hon. Friend makes a very important point. In terms of international action, that is exactly why we and 38 other countries at the UN General Assembly in New York joined in our statement, which expressed deep concern at the situation in Hong Kong, Tibet and Xinjiang.
Question
This House watches with sadness any reduction of the freedom of expression—guaranteed under the joint declaration—in Hong Kong, although, as the Minister confirmed, these sentences were not under the new security law. Does my hon. Friend agree that Hong Kong’s importance as a centre of international business hinges on its independent rule of common law, in which UK and other Commonwealth judges play a key role; that, without that, the system of one country, two systems, which Deng Xiaoping and Margaret Thatcher pledged would endure for 50 years, would be sadly weakened; and that we should not lightly make things worse for the people of Hong Kong?
Minister reply
My hon. Friend is absolutely right to raise this point. I agree that the assault on Hong Kong’s autonomy, rights and freedoms tarnishes China’s international reputation. The prosperity of Hong Kong and its way of life relies on respect for those fundamental freedoms, an independent judiciary and the rule of law.
Afzal Khan
Lab
Manchester Rusholme
Question
China’s human rights track record is extremely distressing. From the gross human rights violations against the Uyghurs to the senseless arrest of peaceful protesters in Hong Kong, is it not high time that the Government followed in the footsteps of Canada and the USA and applied Magnitsky sanctions as a matter of urgency against perpetrators of human rights abuses in mainland China and Hong Kong? Just today, eight students were arrested for protesting peacefully on a university campus. What reassurance can the Minister provide that the Government will be doing everything they can to prevent further arrests of young activists in Hong Kong?
Minister reply
The hon. Gentleman is right. We are deeply concerned about the situation this morning with the students in Hong Kong. The FCDO was carefully considering further designations under our global human rights regime, which we introduced in July.
Question
Many of my constituents in Redcar and Cleveland have contacted me in support of the people of Hong Kong. In this country we have historic ties and responsibilities to the people of Hong Kong, so can my hon. Friend assure me that we will never look the other way while China undermines the joint declaration it agreed to?
Minister reply
My hon. Friend is absolutely right. We made a historic commitment to the people of Hong Kong to protect their autonomy, rights and freedoms. We have highlighted China’s breaches of the joint declaration three times since 1997.
Question
I thank my hon. Friend the Member for Stirling (Alyn Smith) for gaining this urgent question. HSBC stands accused, yet again, of colluding in the implementation of the national security law in Hong Kong. Do the Minister and their Government agree with this point, and if so, what are they going to do about it?
Minister reply
As I said, the Foreign Secretary has made it very clear that businesses will make their own legitimate calls. We do not comment on issues relating to individual companies.
Question
The people of Hong Kong were supposed to be protected by the Sino-British joint declaration, which consists of eight tenets, including a specific commitment to rights and freedoms such as those of the person, free speech, freedom of the press, and freedom of assembly and association. This declaration was subsequently registered with the UN as a legally binding international treaty that remains in force today. The Minister said that the issue of China’s abuse has been raised three times at the UN. Is it not now time to build a consensus among the 38 nations to ensure that sanctions are imposed on China that have a dramatic effect on the country and make it take notice? The only way for Hong Kong to survive is for the one country, two systems framework to succeed.
Minister reply
We are building, and have built, that international coalition with 38 other countries. My hon. Friend refers to sanctions. I know that right hon. and hon. Members here today are very keen to know which sanctions this Government are considering under our regulations.
Sarah Champion
Lab
Rotherham
Question
Pro-democracy campaigner and owner of Apple Daily newspaper, Jimmy Lai, is a British citizen, so can the Minister confirm that he is receiving consular assistance? Does he believe that denying a 73-year-old man bail is proportionate or fair for allegedly breaking the terms of a lease? What conversations is he having with Carrie Lam about the use of the law in this manner?
Minister reply
We regularly raise our concerns directly with the Hong Kong authorities. We are very concerned about the arrest of Jimmy Lai and others. Normally, we do not provide consular assistance to dual nationals in the country of their other nationality.
Wendy Chamberlain
Lib Dem
North East Fife
Question
Joshua Wong has been imprisoned for over a year for participating in an unauthorised protest. Under the Government’s current immigration rules, that would bar him from being able to claim asylum. Will the Minister commit to following the Canadian Government and ensuring that such charges are not a barrier to vulnerable activists being able to claim asylum in the UK?
Minister reply
The hon. Lady makes a very good point, one I think I answered earlier in response to the hon. Member for Stirling (Alyn Smith), who asked this urgent question. It would seem rather perverse if somebody involved in pro-democracy demonstrations were unable to claim asylum.
Alec Shelbrooke
Con
Wetherby and Easingwold
Question
China passed domestic law unilaterally to break the joint declaration. Does my hon. Friend agree with me that the unilateral passing of domestic laws can never be an excuse to break international laws and agreements?
Minister reply
I see what my right hon. Friend did there. All I would say is that we continue to raise our concerns with regard to Hong Kong and the way the joint declaration is effectively being abandoning.
Jim Shannon
DUP
Strangford
Question
Will the Minister outline how he is offering support to the peaceful pro-democracy stand against what many claim is Beijing aggression? Does he believe we are fulfilling our moral and political obligation to do our utmost to ensure that China respects its obligations under the Sino-British joint declaration? Respectfully, I believe we can and must do more, and that a reaction to this sentencing will be telling by itself.
Minister reply
Again, the hon. Gentleman is no stranger to championing this cause. I do think we are fulfilling our moral and political obligation to ensure that China respects its obligations under the joint declaration.
Question
In light of the long-standing close relations between this country and Hong Kong, will my hon. Friend assure me that he remains committed to welcoming the holders of British national overseas passports to our shores if China continues these assaults on Hong Kong’s freedom?
Minister reply
Very much so. The route for BNO passport holders will open on 31 January 2021, affording them and their immediate family dependents the right to live, work or study in the UK, with a path to full citizenship.
Chris Bryant
Lab
Rhondda and Ogmore
Question
This is so frustrating. We gather every fortnight and we all say all the same things from all the Back Benches, and the Minister says all the same things from the Front Bench about how he cannot speculate and how it would be terrible to actually do anything. The truth of the matter is that we are allowing the Chinese Government endlessly to ratchet up the repression against the people of Hong Kong. Now, we even have British-based banks co-operating in that. For the avoidance of doubt, can I make it clear to the Minister that I do not want him to speculate about using the Magnitsky sanctions, I want him to use them? Secondly, surely to God the least we can do as a British Government is bring in the chairman and chief executive of HSBC and say, “You must not co-operate with oppression in China.”
Minister reply
The hon. Gentleman will understand that it is important that sanctions are developed responsibly and on the basis of evidence. We are carefully considering further designations but cannot speculate about who may be designated.
Question
I am concerned that young Hong Kong demonstrators do not have BNO passports. Can my hon. Friend confirm that they will be eligible to apply for asylum in the UK, and that we will look on those claims favourably?
Minister reply
My hon. Friend is right to raise that. People are entitled to apply for asylum if they are outside their country and fear danger upon return.
Question
Countries such as Australia and New Zealand, for example, have largely clear and relatively consistent strategies on China. The UK’s position can at best be described as reactive and pretty thin. When can the Minister provide further detail of the actual strategy that the FCDO is adopting to press the Chinese state to grow within the international rules-based order and with respect for human rights?
Minister reply
I thank the hon. Lady for her point, but our strategy is demonstrated by our action. We have taken both practical and diplomatic actions and bring together international partners including Australia and New Zealand.
Question
The legally binding joint declaration was signed by China as well as the UK and makes clear that Hong Kong will have a high degree of autonomy. Does my hon. Friend agree that China must respect that, and will he assure the House that the UK will redouble its efforts with international partners to ensure that China does not just hear words of condemnation, but feels appropriate acts that demonstrate our disdain for these despicable attacks on democracy?
Minister reply
My hon. Friend is absolutely right. We consistently raise concerns with Chinese and Hong Kong authorities and raised them at the UN where 38 countries joined a statement expressing deep concern about Hong Kong.
Sarah Owen
Lab
Luton North
Question
What support is the UK Foreign Office offering to BNO passport holders who have been arrested by Chinese state authorities, and how are consular officials providing advice to BNO passport holders being held in Chinese prisons?
Minister reply
China does not recognise dual citizenship, therefore gaining access to provide consular assistance to BNOs is nigh-on impossible.
Andrew Bowie
Con
West Aberdeenshire and Kincardine
Question
I thank my hon. Friend for all he has said so far today. Does he join me in welcoming the fact that already this year 216,000 BNO passports have been issued to Hong Kong residents, more than in any other year from 1997 to this point?
Minister reply
It is absolutely right that my hon. Friend raises that. From July 2020, over 2,115 BNO citizens and their dependants have been granted six months’ leave outside the rules at the border to the UK.
Bob Blackman
Con
Harrow East
Question
My hon. Friend will know that sanctions and other actions are effective only if large groups of countries join in with them, so what steps is he taking to mobilise the broadest and biggest coalition of international support to demonstrate freedom for Hong Kong and ensure that China understands that the actions it is taking are totally unacceptable?
Minister reply
There is no greater sign of international co-operation than when we managed to get 38 other countries to join us for a statement at the UN General Assembly, expressing our deep concern about the situation in Hong Kong.
Chi Onwurah
Lab
Newcastle upon Tyne Central and West
Question
Our hearts go out to those who have been imprisoned in pursuit of their human rights, but they deserve more than that. They deserve to be remembered in our trade and in our purchases. Will the Minister support the human rights amendment to the Trade Bill, which is currently in the other place, and will he say how he will prevent companies that facilitate human rights abuses from being integrated into our supply chains?
Minister reply
We have made clear that companies should do their due diligence on their supply chains. However, I do not think the amendment to the Trade Bill is the correct vehicle for such a provision.
Question
I am deeply concerned by these sentences, as are the people of South Ribble, who share my concerns about the trend of Hong Kong authorities targeting pro-democracy activists. Will the Minister join me in urging the Hong Kong and Beijing authorities to stop this insidious campaign to stifle political opposition?
Minister reply
My hon. Friend is correct. We are deeply concerned about ongoing arrests used as a pretext to silence opposition, and continue to raise concerns directly with Chinese and Hong Kong authorities.
Shadow Comment
Alyn Smith
Shadow Comment
The shadow responded by urging for more action and stronger measures against the worsening situation in Hong Kong. He criticised recent sentences as breaches of human rights, calling for Magnitsky sanctions, auditing UK companies' involvement with slave labour, scrutinizing HSBC’s role in enforcing national security laws, and reforming asylum processes to allow access for those barred by trumped-up charges.
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