Hong Kong

Lord Patten of Barnes Excerpts

Thursday 24th October 2019 Lords Chamber

[Lord Patten of Barnes (Con)]

I think my interests are all registered, not least the fact that, like my friend the noble Lord, Lord Wilson, I had the privilege of being Governor of Hong Kong for five years, the greatest privilege I have ever had.

The joint declaration incorporating “one country, two systems” was an extraordinary clever, adept way of coping with an issue that was politically and morally difficult for both China and the United Kingdom. It was morally difficult for China because it knew that more than half the population of Hong Kong were refugees from events in China under a communist regime. It was morally difficult for Britain because it was pretty well our only colony that we were not preparing for independence with democratic structures. When occasionally in the 1960s and 1970s Britain talked about greater democracy in Hong Kong, Chinese officials, including, famously, Zhou Enlai, made it clear they did not want that, because it would give people in Hong Kong the idea that they were going to turn out something like Singapore or Malaysia one day—an independent country.

Moreover, it was always the Chinese Government's position that the future of the people in Hong Kong was nothing to do with the people of Hong Kong. It all had to be determined by the British and Chinese Governments. Nevertheless, it is fair to say that for a dozen or more years after 1997, one country, two systems worked extraordinarily well. There was some rowing back by the Chinese Government on the pledges they had made on the introduction of greater democracy in Hong Kong, saying at a number of points that this was a matter for people in Hong Kong. The joint liaison office, their main point of contact in Hong Kong, threw its weight around too much, but by and large things went pretty well. I think the caesura in Hong Kong, and in the development of China, in the past few years has been the election of Xi Jinping as head of the Communist Party and President of China. Just as that has changed attitudes to economic matters in China, it has had an impact on political issues as well. There has certainly been a tightening of Beijing’s control over Hong Kong in the past few years.

That is the backdrop to what has happened since the extraordinarily foolish introduction of the extradition Bill. That was seen, not just by pro-democracy activists in Hong Kong but by the business community, as an attempt to dismember the firewall between the rule of law in Hong Kong and whatever passes for the law—I note what the noble Lord, Lord Alton, had to say—in mainland China. We saw the huge demonstrations, which began peacefully but have unfortunately developed a violent edge in the past few months. Bear in mind that this has been going on for four months now.

I commend to the House an extremely good article in Asian Affairs by a retired Hong Kong police officer about what has happened in dealing with those demonstrations. First, he pointed out that, starting with the demonstrations on 12 June, which were around the government buildings, the police began to target not just the people behaving violently but a lot of those who were being perfectly peaceful. Secondly, we had the appalling affair in the MTR station and Yuen Long in July, when it was plainly the case that triads and other gangsters were used to beat up demonstrators to help in the policing. All those issues, along with the broader economic and social matters, justify establishing a commission of inquiry. That has been pressed for some months, including by the former Chief Justice Andrew Li and others. It is the most sensible way forward, and I implore the Government to do that in Hong Kong.

I also implore the demonstrators to recognise that they play into the hands of the Communist Party when they are violent. However, you have to understand that, when you say to them, “You will lose the moral high ground if you behave violently”, they say, “If we are on the moral high ground, who will be there with us? Who will be talking to us?”, because nobody addresses them or tries to form some sort of consensus with them. They are also extremely critical of the way the demonstrations have been policed, which has not been the greatest example of the behaviour of what used to be—and I hope still will be—a great Asian police force.

I will say three things in conclusion. First, I implore not just the demonstrators to give up the violence, but also Beijing to give the Government in Hong Kong, whether Carrie Lam or anybody else, the elbow room to make some accommodations with the demonstrators. Secondly, I implore the Chinese Government to behave more sensibly in general; most of us have received a rather impertinent letter this morning from the Foreign Ministry, which is a very good example of how the Chinese think that international laws and treaties they have signed must be followed by everybody else but not by them. Lastly, I refer to the Foreign Minister saying that all this has been whipped up by the CIA and foreign forces. It is always a weakness of authoritarian regimes that they do not understand what is happening below. That always causes difficulties.

I have one final point—I am sorry for going on for slightly longer than I should have. In 2016 I made a speech in Hong Kong saying that I would always support movements for democracy but was totally against any efforts to campaign for independence for Hong Kong, because it was not going to happen and it would be immoral of me to support it. Joshua Wong and others said, “Would you go along and talk to students, and say exactly the same thing?” I addressed 700 students at the University of Hong Kong and made those same points; I did the same the following year, and in between nobody from the Government had talked to them. At the end of that first session, the students said to me, “It’s all very well, Governor Patten, you coming along and making those sorts of remarks, but what happens if the Chinese continue to squeeze us? What will the rest of the world do? What will you do in Britain? What will the United States do? What will Europe do? What will you do personally?” It is a very good question.

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[The Minister of State, Foreign and Commonwealth Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, first, I join all noble Lords in thanking the noble Lord, Lord Alton, for tabling this important debate. Many words have been used about him, and rightly so. I stand before you as perhaps the person most greatly challenged, at least from a parliamentary perspective, by the tenacity, but also great strength and expertise, that he brings to debates on human rights generally. I am sure that he also knows that I respect his insights and very much welcome the expertise, direction and advice that he gives, and I am very grateful for his contribution to this important debate.

I start by aligning myself with the words of my noble friend Lord Sassoon. I am sure I speak for all noble Lords when I say that we stand together in remembrance of and prayer for the 39 nationals who have been reported to have died in the incident in the lorry. We are all equally appalled by that tragic incident, and I express condolences to all the families of those victims on behalf of your Lordships’ House.

This was the first opportunity for me to hear from one of our newer Members, the noble Baroness, Lady Bennett. I listened carefully to the advice she was given about how foreign affairs can be all consuming. When you are the Minister of State for Foreign Affairs you do not have much choice in the matter, and I am sure she will agree that when we hold debates of this quality we are provided with great insight and expertise on the important matters confronting the Government and our country, as well as into the role played by Her Majesty’s Government on the world stage. I welcome her contribution.

As observed by the noble Baroness, Lady Northover, I am sure that all noble Lords will join me in singling out the contributions of my noble friend Lord Patten and the noble Lord, Lord Wilson of Tillyorn. They brought their experience, insight and expertise to bear, and the value they brought to the debate because of their service in Hong Kong is well worth noting. I listened carefully to their contributions, particularly on how we should move forward in what is now clearly a very challenging situation in Hong Kong. I thank them both and acknowledge the indulgence of noble Lords; it was right that they were both given an extended time to speak, and I am particularly grateful to my noble friend Lady Berridge for ensuring that that was done in a seamless fashion.

Hong Kong has been a subject of long-standing interest in your Lordships’ House, and rightly so. Concerns were raised in the debate about the ongoing situation, as they have been in the other place. They have also been expressed in correspondence that Members of both the other place and this House have received. Among other noble Lords, the noble Baroness, Lady Northover, pointed out that many people will be listening intently to this debate.

The Government share the concerns of the noble Lord, Lord Alton, and indeed of all noble Lords, about the situation, in particular the violent clashes between protestors and the police. The noble Lord, Lord McNicol, asked whether the Government are taking steps to raise the issue. I hope that he will be reassured by some of my responses, which will show that we are doing just that.

My noble friend Lord Marlesford rightly described Hong Kong as being once upon a time a real flourishing city. No doubt we will reflect on those times and ask that, with hope and ambition, it will again be the case in the not too distant future. I agree with my noble friends Lord Carrington and Lady Hooper, who both drew attention to the importance of peaceful and lawful protest while recognising that anyone who resorts to violent action should rightly be condemned. It is right that the majority of Hong Kong citizens have exercised over many months their right to protest and that they have done so through peaceful and lawful means. That needs to be recognised. Equally, I am sure that I speak for all noble Lords in saying that we must condemn the hardcore minority of protestors who at times insist on using violence. As the noble Lord, Lord Wilson, reminded us, the police have shown restraint in many instances when there have been direct attacks on them. We have seen the use of petrol bombs, while recently a police officer was slashed with a knife. This violence, as my noble friend Lord Carrington rightly said, must stop.

[Lord Patten of Barnes]

My Lords, perhaps I may intervene briefly to make one point to my noble friend. Criticisms have been made of the policing in Hong Kong, but the real problem is that public order policing has been regarded by the Government as a substitute for politics. Tear gas is not a substitute for talking to people and trying to deal with their real grievances. That has put the police and their families in a very difficult position.

[Lord Ahmad of Wimbledon]

I concur with my noble friend, who is of course right. That is why the ultimate solution to the challenge is political dialogue, which I will talk about in a moment or two.

The noble Baroness, Lady Northover, asked some specific questions about the situation on the ground as regards the use of emergency powers, which I would like to deal with at the outset. While of course Governments need to ensure people’s security and safety, as my noble friend has just reminded us, they must avoid aggravating situations and instead seek to reduce tensions. She also asked whether the introduction of emergency regulations is a breach of the joint declaration. Our assessment thus far is that they do not breach it. Again, Governments need to ensure that the security and safety of their citizens remains paramount. She also asked about crowd control equipment for Hong Kong. As my right honourable friend the then Foreign Secretary stated in the House of Commons on 25 June,

“we will not issue any further export licences for crowd control equipment to Hong Kong unless we are satisfied that concerns raised about human rights and fundamental freedoms have been thoroughly addressed”.—[Official Report, Commons, 25/6/19; col. 551.]

The noble Baroness also raised police training. As she will be aware, an additional risk-management process is used with police training for all security and justice programmes to assess and mitigate human rights risks. The aim of the training we have provided to Hong Kong is to improve a foreign authority’s ability to deploy human rights-compliant, modern policing techniques. It is a fine balance, but we are keeping that situation under review.

The noble Lord, Lord Wilson, talked of the breach of the joint declaration, as did my noble friend Lord Sassoon. Both rightly pointed out the importance of one state, two systems continuing and continuing well. Her Majesty’s Government have not to date assessed that China has explicitly breached the joint declaration, with the exception of one well-documented case.

The police response was raised by several noble Lords. We had an expert contribution from the noble Lord, Lord Hogan-Howe, who asked about reports of sexual assault by the Hong Kong police. This was also a concern expressed by the noble Baroness, Lady Bennett. I am aware of these reports, and we remain extremely concerned by reports of violence by the police. We also note that the Hong Kong police have announced that they are investigating a recent allegation from a university student, and that the student has said she is seeking legal advice. We will continue to monitor that situation. We have always sustained the position that the police response must be proportionate. We are seriously concerned by the instances of apparent mistreatment of protesters by the police. Of course, I note the words of my noble friend Lord Patten in this respect.

My noble friends Lord Patten and Lord Howell, the noble Lords, Lord Hogan-Howe and Lord Luce, and several other noble Lords all raised a police inquiry. We maintain that there must be a robust, credible and independent investigation into these incidents. Such an inquiry would be an important step towards healing divisions and rebuilding trust. The noble Lord, Lord McNicol, asked whether we are continuing to raise this bilaterally with the Chinese authorities. The short answer is that yes, we are.

As I have said, Her Majesty’s Government believe that political dialogue—as several noble Lords have expressed—is the only way to achieve a peaceful resolution to this situation. While we have welcomed the Chief Executive’s initial steps towards dialogue, it is clear that further clarity is required and that further steps need to be taken for the Chief Executive and her team to reach across communities and directly address the people’s concerns. Crucially, if the process is to succeed, it is incumbent on all to be involved and engaged in good faith.

I agree with my noble friend Lord Sassoon’s views on the importance of the strength and stability that the one country, two systems framework has provided to Hong Kong over the past 22 years. Hong Kong is already a valuable trading partner for the UK, and the UK for Hong Kong. We look forward to seeing this trading relationship develop post Brexit. Similarly, we enjoy deep and close co-operation with Hong Kong as a leading financial centre, which I hope and expect we can build on in the months and years to come.

We have rightly heard about concerns and the need to uphold rights and freedoms. This was a point made by the noble Lords, Lord Carrington and Lord Alton, and others. I was particularly taken by the contribution of the noble Lord, Lord Alderdice, who talked about businesses working in Hong Kong. As someone who spent 20 years in the City of London and dealt regularly with Hong Kong, I know the city well. Those ties are important. However, as a co-signatory to the Sino-British joint declaration, the UK is committed to promoting and upholding the rights, freedoms and autonomies enshrined in it. I assure the noble Lord, Lord Alderdice, that we have worked intensively in recent weeks and months to support a positive resolution. Those factors will be sustained and will continue to be part of our dialogue in this respect.

Several noble Lords raised the Prime Minister’s direct engagement on this issue—the noble Lord, Lord McNicol, mentioned it specifically—and they will recall that the Prime Minister raised Hong Kong at the G7 meeting in August, where G7 leaders reaffirmed the importance of the joint declaration and called for an end to violence. This also addresses in part the issue raised by the noble Baroness, Lady Smith. Furthermore, my right honourable friend the Prime Minister also wrote to President Xi on 30 September and underlined the importance of upholding the joint declaration under the one country, two systems framework.

My right honourable friend the Foreign Secretary has also set out our concerns directly in his engagement with the Hong Kong Chief Executive, Carrie Lam, and the Chinese Foreign Minister and State Councillor, Wang Yi. Regrettably, he was unable to meet Foreign Minister Wang Yi at the UN General Assembly as planned because he needed to return to London. However, following this, the Foreign Secretary wrote to him on 30 September and we continue to have regular exchanges with both the Chinese and Hong Kong authorities.

On the issue of our European partners, raised by my noble friend Lady Hooper and the noble Baroness, Lady Falkner, as I said, we meet with G7 partners on a regular basis. We also raised Hong Kong at the Human Rights Council in September and at the Third Committee of the UN General Assembly in October, where the UK underlined the importance of upholding the right to peaceful assembly.

Issues were raised around aspects of human rights—an area close to my heart, as noble Lords will know—and it is important that we address them. We continue to do so at ambassadorial level and the most recent meeting with the Chinese ambassador in London was earlier this week. We have also regularly raised the issue with the leadership in China and Hong Kong, who remain in no doubt about our concerns over the current situation.

On the Commonwealth, our recent exchanges on Hong Kong—including those by my right honourable friend the Foreign Secretary—have included some with Australian Foreign Minister Payne and European counterparts. At the United Nations, for which I am the Minister responsible, we raised Hong Kong in our national statement to the September session of the Human Rights Council, and last week we underlined the importance of upholding the right to peaceful assembly in a national statement to the UN General Assembly.

The noble Lord, Lord Alton, and the noble Baronesses, Lady Finlay and Lady Grey-Thompson, raised the issue of the Falun Gong and its practitioners. The noble Baroness, Lady Northover asked me specifically about the tribunal and I note the presence in the Gallery of Sir Geoffrey Nice. I had occasion to meet him recently to discuss this issue and I can assure all noble Lords that we are aware of the findings. A final report is still due but we are watching this space carefully. The noble Lord, Lord Alton, specifically has had various exchanges on this issue. It is not lost on us; it is an important priority and I assure noble Lords that I will continue, as Human Rights Minister, to keep an eye on this issue.

On the wider issue of religious freedoms in China, again raised by the noble Baroness, Lady Finlay, the right reverend Prelate the Bishop of Salisbury and the noble Lord, Lord Alderdice, among others, I can assure all noble Lords that this remains a priority for both Her Majesty’s Government and for me as Minister for Human Rights. We have not held back. We have regularly raised the issue of human rights and religious freedoms in our expressions, statements and formal contributions, particularly at the Human Rights Council. I recognise the immense work that has gone on to address concerns around Falun Gong in particular. Equally, we remain deeply concerned—and have raised these concerns—about the persecution of Christians, the Uighur Muslims and other minorities within China and we will continue to do so.

The noble Lord, Lord Alton, asked about the sanctions regime. The noble Lord will recall that we have passed legislation on this and we are seeking to bring forward the statutory instruments. That will provide the UK with an autonomous global human rights sanctions regime after we have left the European Union and will also allow us to respond to serious human rights violations.

I am conscious of time, so I want to move on to the right of abode. This was rightly raised by several noble Lords, including my noble friend Lord Popat, the noble Baroness, Lady Smith, and the noble Lord, Lord Alton. The noble Lord, Lord Alton, asked me about numbers. There are currently 248,000 holders of BNO, but there are 2.73 million people who are eligible for it. I note the points raised by all noble Lords in this respect, and I emphasise this Government’s commitment to and support for British nationals overseas, who are known as the BNOs. As my right honourable friend the Foreign Secretary set out in the other place on 26 September, the status of BNOs was part of the delicate balance in the negotiations that led to the Sino-British joint declaration. The joint declaration is crucial to the future stability and prosperity of Hong Kong and the rights, freedoms and autonomy of its people. I would add that this only applies effectively for both sides to respect what is within the agreement.

I assure the right reverend Prelate and other noble Lords that we believe that the best outcome for the BNOs is the high degree of autonomy, rights and freedoms set out specifically in the joint declaration. The noble Lord, Lord Chidgey, raised this, as did other noble Lords, including my noble friends Lord Howell and Lord Marlesford, and the noble Lord, Lord Luce. My noble friend Lord Wei, who provided a particular insight from his Hong Kong background, talked of reforms within Hong Kong.

I think that we are all clear that the way forward must be, first, constructive and meaningful dialogue with all communities, as my noble friend Lord Patten said. Bridges must be built to address their concerns directly. Our long-standing view is that transition to universal suffrage for the elections for the Chief Executive and the Legislative Council, as provided by Hong Kong Basic Law, would be the best way to guarantee Hong Kong’s stability and prosperity in the long run and would be in everyone’s interests.

We take the issue of the BNOs very seriously. The Foreign Secretary and his ministerial counterparts are listening to the concerns that are being expressed. The Government are not immune to receiving representations. We have received them directly and we will consider the best way forward to continue to support and strengthen our work with the BNO community. The Government have given careful consideration to the letter from the noble Lord, Lord Alton, dated 9 September and signed by 176 noble Lords and other parliamentary colleagues. I welcome the broad spectrum of support for Hong Kong and its people and note the points that have been raised.

With regard to Commonwealth countries, it is not in my remit to talk about the immigration policy of other Commonwealth countries, but I reiterate my view that the best way for any like-minded countries to support BNOs is to defend the joint declaration, which they are doing. We have received strong support for that, including in discussions we have had with other Commonwealth partners, most notably recently with Australia.

The noble Lord, Lord Luce, mentioned Hong Kong servicemen and a number of noble Lords raised the status of former members of the Hong Kong Military Service Corps. I assure the noble Lord that the Home Secretary is listening very carefully to the representations that have been made on behalf of former Hong Kong Military Service Corps personnel who were unable to obtain citizenship through the selection scheme.

The noble Lord, Lord Pendry, raised the issue of Hong Kong students who are studying in the UK. My short answer is that it is unacceptable for anyone to be intimidated by any bullying. Universities have a duty of care to protect all students. If there are particular instances, I urge the noble Lord to make the Government aware of them.

The noble Baroness, Lady Smith of Newnham, asked about unexplained suicides. This is a very sensitive situation and I am aware of it. We have had one formal request from one family, and we urge people not to speculate on the reasons behind the issue. The circumstances are obviously very tragic for the family. If there are further details on this, I will share them with the noble Baroness.

Finally, the noble Lord, Lord Chidgey, the noble Baroness, Lady Grey-Thompson, and my noble friend Lord Popat talked about the Chinese view of the joint declaration, describing it as a “historic document”. The short answer from Her Majesty’s Government is that it is absolutely not. It is a legally binding treaty, registered at the UN, and it remains in force. As a co-signatory we have the absolute right to speak out when we have concerns about its implementation. I assure noble Lords that we will continue to make this point consistently in public, bilaterally and in private to the Chinese Government.

Once again, I thank all noble Lords for their insightful and expert contributions to this very comprehensive debate. I am sure that questions will be asked of me and I will continue to update noble Lords as and when we have further updates to provide. Ultimately, I am sure that we are all committed to encouraging all the parties that are directly concerned—the Hong Kong Administration, the Chinese Government and all international partners—to do all they can to realise and uphold the peaceful vision of a thriving Hong Kong and a thriving China under the “one country, two systems” model.