Foreign Affairs Committee (Hong Kong Visit)

Keith Vaz Excerpts

Tuesday 2nd December 2014 Commons Chamber

[Sir Richard Ottaway (Croydon South) (Con)]

I beg to move,

That this House has considered the ban by China on the Foreign Affairs Committee visit to Hong Kong.

As one who travels more than most, I have become only too aware of the high regard that the world has for the United Kingdom—for what this iconic building stands for, what the Chamber stands for, and what those who sit in it stand for. It is, in a phrase, freedom and democracy: a respect for human rights around the world, and an abhorrence of tyranny. The decision by the Government of China to ban the Foreign Affairs Committee’s visit to Hong Kong is a mistake. It is an attack on the men and women of the free world.

It is nearly five years since the House did me the great honour of electing me Chairman of the Foreign Affairs Committee. During that time, I have been ably supported by my colleagues. We have visited some of the most troubled parts of the world—places where democracy is all but non-existent, or an illusion—but in none has anyone ever sought to deny us access, or accused us of

“meddling in the internal affairs of another country”,

as the Chinese ambassador did during a meeting with me on 15 August. That is an accusation unsupported by any evidence.

Between the end of the first opium war with China in 1842 and withdrawal in 1997, the Union flag flew over the island of Hong Kong. In 1898, the Chinese authorities granted a 99-year lease of the new territories on the mainland. The looming expiration of that lease began to exercise diplomats in the 1970s and 1980s. The Chinese made it clear that they wanted the return of the new territories, without which Hong Kong was not a viable entity. A course of action and a handover were carefully planned, and the Sino-British joint declaration was agreed. The declaration was signed in the Great Hall of the People in Beijing on 19 December 1984 by Margaret Thatcher and the Chinese premier, Zhao Ziyang. It was deposited with the United Nations a few months later.

I am afraid to say that I am old enough to have been a member of the House of Commons at the time of the signing. The reaction then was that this was not a bad deal at all. It was as good as we were going to get, and it was either this or no deal at all. At its heart was a commitment to a “one country, two system” style of government, and a pledge that the socialist system of China would not be practised in Hong Kong, that Hong Kong would retain its status as an international finance centre, and that its previous capitalist system, its rights, its freedoms and its way of life would remain unchanged for 50 years. The joint declaration provides that those undertakings shall be set out in the Hong Kong Basic Law, and—critically—stipulates that the Chief Executive may be elected. Article 45 of the Basic Law states:

“The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.”

The flashpoint for the current protests in Hong Kong was the publication in August of a decision by the standing committee of the National People’s Congress in Beijing on procedures for the election of the Chief Executive in 2017. Aware of the forthcoming decision, two key pro-democracy campaigners, Anson Chan and Martin Lee, told our Committee in July that their main concern was that the “broadly representative nominating committee”, which approves candidates for the post of Chief Executive, would be “dominated” by Beijing loyalists. Martin Lee said that anyone who was not trusted by Beijing would be

“screened out ...even though they were trusted by the Hong Kong people”.

That is the problem that has given rise to unrest, and to the peaceful protests that have received global attention.

Let me clarify for the record, and for those who are not familiar with the workings of the British constitution and the House, that a Select Committee is not part of the United Kingdom Government. On the contrary, the job of the Foreign Affairs Committee is to exercise oversight of the Foreign Office and its policies, and we operate totally independently.

Since the handover in 1997, the Foreign Office has published a report to Parliament on Hong Kong every six months. In its report of 12 July this year, it said of the growing constitutional arguments:

“the important thing is that the people of Hong Kong have a genuine choice and feel that they have a real stake in the outcome.”

It continued:

“But it is clear that there is still some way to go for consensus to be reached.”

Given the hundreds of thousands of protesters who were on the streets, that was a wonderful British understatement by the then Foreign Secretary, who I am pleased to see is in the Chamber today.

In response to growing concern here and abroad, the Foreign Affairs Committee decided to conduct an inquiry into the strength, accuracy and veracity of the Foreign Office reports. Our terms of reference are simple: to investigate not just the six-monthly reports and the political and constitutional issues that are raised, but the bilateral relationship in terms of trade, business and culture, and the work of the British Council. The most important point is that we embarked upon our report with an open mind. We have no preconceived conclusions, and we invited all interested parties to give evidence, including the Hong Kong and Chinese Governments.

However, shortly after we announced our inquiry, the Chinese ambassador to London wrote to me on 14 July stating that

“The affairs of Hong Kong SAR”—

Special Administrative Region—

“are purely China's internal affairs”,

and that he was

“firmly opposed to any interference in Hong Kong…by any foreign country and by any means.”

He concluded with the advice that the Committee should not make its planned visit to Hong Kong in December. We rejected that advice, because we believed that it would be an abrogation of our responsibilities to the House if we accepted it.

In a letter to me dated 22 November, Mr Song Zhe, China's commissioner to Hong Kong—that is, its representative in Hong Kong—went further, saying that our visit would be viewed as

“support to ‘Occupy Central’ and other illegal activities”.

Occupy Central is the name of the protesters’ campaign on the streets of Hong Kong. In response to the letter, the Committee simply stated it was still our intention to visit. As a result, the deputy ambassador to the Chinese Embassy came to see me in the House on Friday afternoon, and informed me that the Committee would not be allowed entry into Hong Kong for the purposes of our inquiry. The meeting took place in a Committee Room on the Upper Committee Corridor. Fortunately, for the purpose of greater accuracy, I invited the editor of Hansard to attend to ensure that there would be a verbatim record of the conversation. I am grateful to her for her efforts.

At the heart of the Chinese argument, conveyed to me at the meeting, is that the joint declaration signed by China and the United Kingdom is now void and only covered the period from the signing in 1984 until the handover in 1997. Given that the Chinese Government gave an undertaking that the policies enshrined in the agreement would remain unchanged for 50 years, this is a manifestly irresponsible and incorrect position to take. It is a live agreement, which is why the Foreign Office rightly continues to produce its six-monthly reports on Hong Kong. Britain is a party to over 18,000 international treaties and agreements. To suggest that we have no right to assess the performance of our counter-parties to such agreements is ridiculous.

The second point made is the old Aunt Sally—which was made not once, but twice—that we are not a colonial power any more and must not behave like one. I only mention this to enable the House to assess the mindset inside the Chinese Government.

I believe that the decision to ban the Committee is wrong and will have a profound impact. First, decisions on entry to Hong Kong are devolved under the Basic Law and are clearly a matter for the Hong Kong Administration, not the Chinese Government. This sends a clear signal that the pledge that Hong Kong would

“enjoy a high degree of autonomy”,

as set out in paragraph 3(2) of the joint agreement, is now under threat. That the ban on the Committee clearly came from the Chinese Government brings into question whether the key principle of “one country, two systems” still has any meaning.

Secondly, we are China’s partners, not a distant third party. This decision will do nothing but damage Anglo-Chinese relations, something I regret. China is a fellow member of the G20. We have a free flow of parliamentarians, officials, businessmen and those involved in cultural exchanges. I say to China, “If you want to be a member of the G20, you have to behave like a member of the G20.” We have Chinese delegations here all the time. It should not be a one-way street. The Minister of State, my right hon. Friend the Member for East Devon (Mr Swire), is, in fact, due to visit Hong Kong in a few weeks’ time; are they going to ban him, too?

[Keith Vaz (Leicester East) (Lab)]

I fully support what the right hon. Gentleman has said today. He has put his case in a very measured and eloquent way and I am sure the whole House supports the position taken by the Foreign Affairs Committee, which of course has implications for other Select Committees, should they wish to visit other countries.

Of course, Select Committees are separate from the Government, but were any representations made by the Government to the Chinese Government about the refusal to grant a visa and allow the FAC to go to China?

[Sir Richard Ottaway]

As a fellow Select Committee Chairman, I am very grateful for the right hon. Gentleman’s support and he will fully understand the position the Committee finds itself in. If he does not mind, I will leave it to the Minister to answer his question, perhaps when he winds up, but I would say that the Foreign Office has been nothing but supportive of the Committee throughout this unhappy episode.

Thirdly, and most importantly, this decision points to China’s direction of travel. If there is a commitment to democracy in Hong Kong, one first has to understand democracy. Democracy embraces criticism, and constructive criticism is the most valuable thing democracy can provide. If China blatantly blocks well-wishers like this Parliament, that raises big, unanswered questions which will alarm the people of Hong Kong and the region. This decision will not go unnoticed in Taiwan.

--- Later in debate ---

[Keith Vaz (Leicester East) (Lab)]

It is a pleasure to follow the passionate and robust speech of the hon. Member for Romford (Andrew Rosindell), which showed the concern among Members of all parties, and all Select Committees, about how the Foreign Affairs Committee has been treated. All but two members of that Committee have spoken in today’s debate, and I am sure that others will want to catch your eye, Mr Speaker. I wanted to speak after they had had the opportunity to express their views, and I am grateful to you for calling me.

I am also grateful to you, Mr Speaker, for granting this Standing Order No. 24 debate to allow the House to discuss this matter. I have been in the House for 27 years, and I know that the standard response of most occupants of the Chair when right hon. and hon. Members ask for such a debate is to say no. You said yes, which must have come as a surprise to the Chair of the Foreign Affairs Committee. It is the only time this year that an emergency debate has been granted, and although I had originally planned to come to the Chamber and speak on the Second Reading of the Counter-Terrorism and Security Bill, I can well understand your desire to allow the House to debate the Hong Kong issue, which is urgent and important and should take precedence over all other activities and debates in the House. Thank you for allowing the debate.

I pay tribute to the Chair of the Foreign Affairs Committee, who is normally a quiet, modest individual. It is rare for him to use the House as a platform to prosecute a case on behalf of his Committee. The last time he did so, as I recall, was over the attempts to close the World Service. He led the debate on that and there was a successful outcome. I hope he will have similar success, having asked for the present debate. We wait with bated breath to see what the Chinese Government decide to do.

This is an important debate not just for the Foreign Affairs Committee, but for every Committee of the House. I hope the Foreign Office will take note of it. I do not think the House understands the huge amount of time and effort invested by the Clerks and the Chairs of Committees when we decide to travel abroad. I chair the Home Affairs Committee. By its nature it does not do much travelling, although we will be going as far as Calais on Friday; I hope very much that we will be allowed to enter Calais when we get there.

[Mike Gapes]

Are you going by lorry?

[Keith Vaz]

No, by Eurostar.

A huge amount of time is spent organising such travel by a Committee, involving everyone from the Clerk of the Committee and the operation manager in the Clerks Department to a more senior Clerk, and ending up with the most senior Clerk of all—some of the most senior Clerks sit in front of you, Mr Speaker. Then the bid comes back to the Chair because the cost is too high, and the bid has to be re-entered and we have to change all the arrangements. A huge amount of work must have gone into the bid by the Chair of the Select Committee and it must have taken months to put the arrangements together. To be knocked back at the end for no good reason is extremely depressing and distressing for members of the Committee.

I want to ensure that we set a precedent today and that we send out a strong and powerful message, not so much to the Chinese Government—I am not so arrogant as to believe that the entire Chinese Cabinet is sitting in Beijing watching the proceedings of the House today—but to the Foreign Office. That message was put powerfully from either side of the House, most recently by the hon. Member for Romford. When we arrange these visits, we always do so with the encouragement and support of the Foreign Office. We cannot, as Committees of this House, organise a visit to a place such as China, or even to Calais, without informing the posts abroad. In our case, in France, we have a first-class ambassador, Peter Ricketts, who has organised an incredible programme in the space of just 10 days.

I do not know our current ambassador to Beijing, but I am sure that embassy staff would have put as much effort into the proposed programme of the Foreign Affairs Committee. It is not enough for the Government to say, “Well, this is Parliament, and Parliament is separate from the Government, and you must do this on your own.” I am not sure, because I did not read the press release put out by the Foreign Office, if the word “regrettable” was used. That would probably be quite serious, in the context of the words used by the Foreign Office. It is so long since I have been there that I have forgotten the hierarchy of words and which term constitutes a condemnation from the British Foreign Office, but to the public it would not seem strong enough.

A Select Committee of this House wishes to visit a country that is a friendly country and that has been visited so many times by Ministers—I think more Ministers have visited China than any other country in the world, apart from India. The Prime Minister has been there recently, encouraging many, many Chinese students to come to this country. We have 80,000 Chinese students studying in the United Kingdom. The number of applications from China since the Prime Minister’s visit has shot up, whereas the number of applications from India has gone down. Chinese graduate students make up 25% of all graduates from overseas studying in our country.

We want a very clear response from the Foreign Office. I hope the Minister can use his best endeavours to try to persuade the Chinese Government to change their mind. After all, is the Committee going to interfere with the proper running of the Chinese Government? I have looked down the list of members of the Committee. I see no known troublemakers on the list. I see three distinguished knights of the realm among the 11 members. Even my hon. Friend the Member for Ilford South (Mike Gapes), who might be considered a troublemaker, is actually a very reasonable man. He was trying to buy a slice of cake in the Tea Room earlier on. I persuaded him to take a banana so that he would not get diabetes and he readily agreed to do so. Members of the Committee are all Members who would want to make a positive contribution through their visit.

Select Committee visits are not about taking the flag and planting it in the middle of the biggest piazza in Hong Kong. That is not what they are about. The aim of such visits is fact-finding. The Committee is going to find out the facts about what is happening so that members can come back and write their report. That is what all Select Committees do when we travel. It is important that Select Committees travel, even though we are sometimes criticised by the press, and the number of visits and the amount of money spent are publicised. The best way to find out what is happening abroad is to go there, speak to people and ask them what is happening.

We were criticised because the Home Affairs Committee was conducting an inquiry into drugs and we decided to go to Colombia. One or two of the usual suspects in the Press Gallery wanted to know what the Home Affairs Committee was doing in Colombia. We were going to look at cocaine production and see what the Colombian Government were doing to try to stop cocaine entering Europe. Some 60% of all the cocaine that enters Europe comes into the United Kingdom. That is why we went, and our report was so much better for our doing so. That is all the Foreign Affairs Committee wants to do.

On behalf of my Committee and, I hope, other Committees and other Chairs, I can say that the Chair of the Foreign Affairs Committee and its members have our full support. Even at this late stage, I hope the Minister can persuade the Chinese Government, through the ambassador or by other means, to change their mind and allow the Committee to visit so that it can produce a good, fair and balanced report, as the Foreign Affairs Committee has always done.