Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government what assessment they have made of the alignment of the proposed Article 23 legislation in Hong Kong with the Sino-British Joint Declaration, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and other international laws and standards; and what assessment they have made of the potential impact of the legislation on British National (Overseas) visa holders, in particular the six exiled Hong Kongers in the UK with arrest warrants and HK$1 million bounties who might be considered “absconders” under the new security legislation.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
Hong Kong is required to ensure that national security legislation complies with international standards and upholds rights and freedoms, as set out in the Joint Declaration, the Basic Law, and international law. The future application of the new Safeguarding National Security Ordinance, implemented under Article 23 of Hong Kong's Basic Law, enacted on 23 March is likely incompatible with international human rights law and will have a negative impact on the people of Hong Kong in the exercise of their rights and freedoms. That is why the Foreign Secretary on 19 March urged the Hong Kong authorities to respect rights and freedoms and act in accordance with its international commitments and legal obligations. As the Foreign Secretary said on 14 December 2023, we will not tolerate any attempt by any foreign power to intimidate, harass or harm individuals or communities in the UK.
Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government whether they will take steps to impose sanctions on Hong Kong Chief Executive John Lee for his role in the development of the proposed Article 23 legislation in Hong Kong; and whether they will make representations to HSBC and Standard Chartered to allow Hong Kongers to access to their Mandatory Provident Fund.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
The Government is aware that individuals who have chosen to take up the British Nationals (Overseas) Visa (BN(O)) route are having difficulties in accessing their pensions held in the Hong Kong Mandatory Provident Funds (MPF). Financial institutions operating in Hong Kong do so within a strict legal and regulatory framework. British officials in Hong Kong have raised this directly with the Hong Kong SAR Government and the Hong Kong MPF Schemes Authority and will continue to do so. We have also raised the issue with trustee HSBC directly. We will continue to urge the Hong Kong authorities and all relevant bodies to facilitate early drawdown of funds as is the case for other Hong Kong residents who move overseas permanently. We continue to keep sanctions designations under review. It would not be appropriate to speculate about future sanctions measures as to do so could reduce their impact.
Asked by: Tanmanjeet Singh Dhesi (Labour - Slough)
Question to the Foreign, Commonwealth & Development Office:
To ask the Minister of State, Foreign, Commonwealth and Development Office, what steps he plans to take to support UK (a) nationals and (b) businesses in Hong Kong, in the context of the external interference offence included in the Article 23 legislation passed in Hong Kong on 19 March 2024.
Answered by Anne-Marie Trevelyan - Minister of State (Foreign, Commonwealth and Development Office)
Hong Kong is required to ensure national security legislation complies with international standards and upholds rights and freedoms, as set out in the Joint Declaration, the Basic Law, and international law. Hong Kong's reputation as an international city was founded on respect for the rule of law, the independence of its institutions, its high degree of autonomy, and protection of the rights and freedoms afforded to all people living and working there. The Safeguarding National Security Ordinance, rushed through the legislative process despite its significance, will have far-reaching implications for all of these areas. That is why the Foreign Secretary on 19 March urged the Hong Kong authorities to respect rights and freedoms and act in accordance with its international commitments and legal obligations. We continue to analyse the extent of the impact this will have on British nationals and businesses in Hong Kong, and have updated our Travel Advice and Overseas Business Risk accordingly.
Asked by: Tanmanjeet Singh Dhesi (Labour - Slough)
Question to the Foreign, Commonwealth & Development Office:
To ask the Minister of State, Foreign, Commonwealth and Development Office, what assessment he has made of the implications for his policies of the potential impact of Article 23 on the (a) civil liberties and (b) human rights of people in Hong Kong.
Answered by Anne-Marie Trevelyan - Minister of State (Foreign, Commonwealth and Development Office)
Hong Kong is required to ensure national security legislation complies with international standards and upholds rights and freedoms, as set out in the Joint Declaration, the Basic Law, and international law. Hong Kong's reputation as an international city was founded on respect for the rule of law, the independence of its institutions, its high degree of autonomy, and protection of the rights and freedoms afforded to all people living and working there. The Safeguarding National Security Ordinance, rushed through the legislative process despite its significance, will have far-reaching implications for all of these areas. That is why the Foreign Secretary on 19 March urged the Hong Kong authorities to respect rights and freedoms and act in accordance with its international commitments and legal obligations. We continue to analyse the extent of the impact this will have on British nationals and businesses in Hong Kong, and have updated our Travel Advice and Overseas Business Risk accordingly.
Asked by: Jim Shannon (Democratic Unionist Party - Strangford)
Question to the Foreign, Commonwealth & Development Office:
To ask the Minister of State, Foreign, Commonwealth and Development Office, whether Ministers in his Department have plans to meet with Hong Kong activists (a) Nathan Law, (b) Finn Lau and (c) Christopher Mung.
Answered by Anne-Marie Trevelyan - Minister of State (Foreign, Commonwealth and Development Office)
We will not tolerate any attempt by any foreign power to intimidate, harass or harm individuals or communities in the UK. Officials in Hong Kong, Beijing and London have raised the issuing of arrest warrants and bounties for these individuals with the Hong Kong and Chinese authorities. As the Foreign Secretary said on 14 December, the Hong Kong Police are deliberately targeting individuals for exercising their right to freedom of expression. We have called for the repeal of the National Security Law and continue to make clear our strong objections, including to its extraterritorial reach. That extends to the decisions by the Hong Kong Police to issue arrest warrants and bounties for activists. We call on Beijing to repeal the National Security Law and end its persecution of political activists.
Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government what assessment they have made of (1) the call made by the UN Special Rapporteur on Torture on 8 March that Hong Kong and China investigate the admission of evidence allegedly obtained by torture in the trial of Jimmy Lai, and (2) the statement by Caoilfhionn Gallagher KC that evidence which appears to have been procured by torture may be used in proceedings against Jimmy Lai.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
On 8 March the UK Ambassador and Permanent Representative, UK Mission to the World Trade Organization (WTO), UN and Other International Organisations (Geneva) highlighted the UN Special Rapporteur on Torture's comments and noted the allegation that some evidence to be used to prosecute Jimmy Lai had been obtained through the torture of Andy Li. Article 15 of the Convention against Torture, which China has ratified, prohibits the use of statements established to have been made as a result of torture in court proceedings. We are clear that no evidence gained via torture can be valid evidence.
Asked by: Fabian Hamilton (Labour - Leeds North East)
Question to the Foreign, Commonwealth & Development Office:
To ask the Minister of State, Foreign, Commonwealth and Development Office, what assessment he has made of the potential implications for his policies of the passing of Article 23 in Hong Kong.
Answered by Anne-Marie Trevelyan - Minister of State (Foreign, Commonwealth and Development Office)
Hong Kong's reputation as an international city was founded on respect for the rule of law, the independence of its institutions, its high degree of autonomy, and protection of the rights and freedoms afforded to all people living and working there. The Safeguarding National Security Ordinance, rushed through the legislative process despite its significance, will have far-reaching implications for all of these areas. That is why the Foreign Secretary on 19 March urged the Hong Kong authorities to respect rights and freedoms and act in accordance with its international commitments and legal obligations.
Asked by: Jim Shannon (Democratic Unionist Party - Strangford)
Question to the Foreign, Commonwealth & Development Office:
To ask the Minister of State, Foreign, Commonwealth and Development Office, whether he is taking steps to ensure that Jimmy Lai receives regular consular access.
Answered by Anne-Marie Trevelyan - Minister of State (Foreign, Commonwealth and Development Office)
Ministers and officials continue to raise Mr Jimmy Lai's case at the highest levels with the Chinese and Hong Kong authorities and have consistently requested consular access which has been denied by the Hong Kong prison authorities. The Foreign Secretary reiterated his call for Mr Lai's release during his meeting with Chinese Foreign Minister Wang Yi at the Munich Security Conference on the 16 February.
Asked by: Jim Shannon (Democratic Unionist Party - Strangford)
Question to the Foreign, Commonwealth & Development Office:
To ask the Minister of State, Foreign, Commonwealth and Development Office, if he will hold discussions with his Chinese counterpart on (a) ending transnational repression of and (b) the removal of bounties placed on Hong Kong pro-democracy activists living in the UK.
Answered by Anne-Marie Trevelyan - Minister of State (Foreign, Commonwealth and Development Office)
We continue to make clear with the Hong Kong and Chinese authorities our strong objection to the National Security Law, and attempts to apply it extraterritorially. That extends to the decisions by the Hong Kong National Security Police to issue arrest warrants and bounties for activists living in the UK in 2023. We will not tolerate any attempts to intimidate, harass or harm individuals or communities in the UK. On 17 December, the Foreign Secretary called on the Chinese authorities to repeal the National Security Law and end the prosecution of all individuals charged under it. On 16 February the Foreign Secretary met with Chinese Foreign Minister Wang Yi at the Munich Security Conference and unambiguously set out the UK's position across a number of areas of disagreement, including on Hong Kong. The National Security Law has no authority in the UK and we have no active extradition agreement with Hong Kong or China.
Asked by: Gregory Campbell (Democratic Unionist Party - East Londonderry)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, what recent discussions he has had with his Chinese counterparts on access to pensions held by the Mandatory Provident Fund in Hong Kong for people with British National (Overseas) status.
Answered by Bim Afolami - Economic Secretary (HM Treasury)
We are aware that individuals who have chosen to take up the British Nationals (Overseas) Visa (BN(O)) route are having difficulties in accessing their pensions held in the Hong Kong Mandatory Provident Funds (MPF).
We continue to urge the Hong Kong authorities to facilitate early drawdown of funds as is the case for other Hong Kong residents who move overseas permanently. The Minister for Indo-Pacific, Anne-Marie Trevelyan, raised this issue with the Hong Kong Secretary for Financial Services and the Treasury on 18 April 2023 and pressed for a pragmatic solution. The Investment Minister, Lord Johnson, raised the matter with Hong Kong's Commercial Secretary, during his visit to Hong Kong in May 2023.