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British and Overseas Judges: Hong Kong
30 March 2022
Lead MP
Iain Duncan Smith
Chingford and Woodford Green
Con
Responding Minister
Vicky Ford
Tags
ImmigrationEmploymentForeign Affairs
Word Count: 12514
Other Contributors: 10
At a Glance
Iain Duncan Smith raised concerns about british and overseas judges: hong kong in Westminster Hall. A government minister responded.
Key Requests to Government:
The Government should clarify their position on the withdrawal of British judges and ensure that this move sends a clear message against regimes sliding into tyranny.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
The presence of British judges in Hong Kong has lent legitimacy to a regime that violates the Sino-British agreement terms, prosecuting individuals for advocating freedom. This situation is exacerbated by the ongoing deterioration of human rights conditions in Hong Kong.
Afzal Khan
Lab
Manchester Rusholme
Welcomed the Government's statement but called for more immediate and committed actions such as sanctioning Chinese officials responsible for human rights abuses in Hong Kong and Xinjiang, including Carrie Lam and Chen Quanguo.
Alistair Carmichael
Lib Dem
Orkney and Shetland
Welcomed the withdrawal as a necessary step and highlighted the responsibility for those who had previously supported the presence of British judges in Hong Kong to respond appropriately.
Andrew Slaughter
Lab
Hammersmith and Chiswick
The sitting Supreme Court judges have been placed in a difficult position due to lack of clarity from the Foreign, Commonwealth and Development Office. The Government could have handled the situation better without leaving it until the eleventh hour. Mr Slaughter asked the Minister about the Government's message to retired judges and practitioners who continue to work in the Hong Kong courts.
Catherine West
Lab
Hornsey and Friern Barnet
Acknowledged the decision while expressing sadness over closing a door on a high-standard legal system, emphasizing that the invasion of Ukraine necessitates decisive action against oppressive regimes. Ms West thanked the judiciary for their role in safeguarding the rule of law in Hong Kong, noted the significant deterioration of civil liberties and freedom of press, and emphasised the ongoing crackdown on democracy and trade unions.
Elliot Colburn
Lab
Carshalton and Wallington
Colburn highlighted the importance of healthcare outcomes in Carshalton and Wallington, focusing on issues such as cancer, dementia, obesity, and mental health. He expressed concern about the outdated facilities at St Helier Hospital and praised the Government's investment of £500 million to improve local health services, including a new specialist emergency care hospital.
Fiona Bruce
Con
Tewkesbury
Expressed appreciation for the debate and welcomed the Government's statement, highlighting the importance of retaining consistency in justice protection. Noted distress over the deterioration of human rights in Hong Kong, citing specific instances such as the intimidation of legal figures like Paul Harris SC and judge Sham Siu-man. Raised concerns about political prisoners and arrests since 2019, mentioning cases like Tony Chung's three-and-a-half-year sentence for social media posts advocating independence.
Jim Shannon
DUP
Strangford
Commended the right hon. Member for Chingford and Woodford Green for his efforts in combating Chinese aggression, highlighting the importance of religious freedom in China for groups such as Falun Gong, Christians, and Uyghurs. He noted previous questions raised about NHS procurement practices related to slave labour products and welcomed the proactive response from the Minister. Jim Shannon was invited to make a brief intervention following Vicky Ford's speech. His contribution focused on further actions needed by the Government and other legal institutions in response to human rights abuses in Hong Kong. Commended the Minister's announcement regarding Hong Kong and expressed concerns over human rights abuses in China, particularly for Christians and Uyghurs. Referred to the House of Commons Library briefing paper, highlighting Beijing's increased power over judicial appointments in Hong Kong.
Robert Buckland
Con
Constituency Not Provided
Supported the decision to withdraw British judges from Hong Kong, emphasizing the importance of not lending legitimacy to oppressive regimes. The hon. Gentleman is making an important point about the need for the Government not to direct judges, which would play entirely into the hands of China. The Government's position has been carefully calibrated on respect for judicial independence while ensuring a clear political stance.
Mitcham and Morden
Congratulated the right hon. Member for Chingford and Woodford Green on his leadership regarding Hong Kong judges, stating that the presence of overseas judges in Hong Kong no longer maintains influence due to restrictions imposed by the national security law. Emphasised the need to withdraw support from a compromised legal system to avoid legitimising Chinese actions.
Robert Buckland
Con
South Swindon
Sir Robert Buckland intervened to express his support for the decision made by the Government and Lord Reed, highlighting the importance of an independent judiciary in upholding human rights and freedoms. He emphasized that democracy, human rights, and the rule of law are delicate constructs that require constant protection.
Government Response
Vicky Ford
Government Response
The Minister for Asia and the Middle East, my right hon. Friend the Member for Cannock Chase (Amanda Milling), would have been delighted to take part but is currently travelling in the region on ministerial duties. Vicky Ford responded on behalf of the Government by outlining deep concerns about rights and freedoms in Hong Kong deteriorating since 1984, noting breaches of the joint declaration through the national security law and changes to the electoral system. She acknowledged the decision for UK judges to withdraw from the Hong Kong Court of Final Appeal as a reflection of how far political and legal situations have declined. Vicky Ford stated that while there is no legal requirement for UK sitting judges in the court, it was part of the UK's commitment to safeguarding rule of law. She emphasised continued support for the people of Hong Kong through visa routes for BNOs, suspending extradition treaties with Hong Kong, and extending arms embargoes on mainland China to cover Hong Kong. The Government have led international efforts to hold China accountable for human rights violations in both Xinjiang and Hong Kong, including issuing sanctions against Chinese officials responsible for repressive security policies across Xinjiang. It is a pleasure to serve under the chairmanship, and I congratulate Elliot Colburn on bringing forward this important debate. The Government remains committed to delivering a new hospital for Epsom and St Helier University Hospitals NHS Trust by 2030 as part of their plans to build 40 new hospitals across the decade. To date, over £31 million in public dividend capital has been allocated to support various works related to the scheme including fees for design work, construction funding for a multi-storey car park and contributions towards electronic patient record system costs. The Minister assures that further allocations will be decided through proper processes as the scheme progresses. Collaborative efforts between trusts and the programme aim at maximising value for money while adhering to principles of repeatable design, modern methods of construction, and net carbon zero. The new hospital building programme includes significant upgrades to over 70 hospitals worth £1.7 billion and a wider capital investment plan. Additionally, Epsom and St Helier University Hospitals NHS Trust has received £6.1 million for emergency department expansion, £7.4 million for service relocation, and £11.6 million for estate maintenance. The Minister expresses gratitude towards healthcare staff who contributed during the pandemic.
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About Westminster Hall Debates
Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.