London Daily

Focus on the big picture.
Monday, Sep 21, 2026

Britain’s foreign secretary is no friend to Hong Kong and the rule of law

Britain’s foreign secretary is no friend to Hong Kong and the rule of law

If Dominic Raab is genuinely concerned about the national security law for Hong Kong, he should be encouraging British judges to remain on the city’s Court of Final Appeal so they can help ensure just outcomes.
Since 1997, the British foreign secretary has presented a report on Hong Kong to Parliament every six months. Initially, these reports were reasoned and constructive, and generally supportive of the “one country, two systems” paradigm.

When problems arose, they were realistically assessed, and placed in context. With the growth, however, of anti-China sentiment in the West, this balance has disappeared and the reports have become increasingly tendentious and unreliable.

On November 23, British Foreign Secretary Dominic Raab issued a report which is far removed from reality. Whether this was done to pacify hardliners in his own party, or to gratify his opposite number in the US, Mike Pompeo, is anybody’s guess, but it certainly was not designed to benefit Hong Kong.

Once again, Raab trotted out the hoary old myth that the recently enacted national security law was “imposed on Hong Kong … in clear breach of the Joint Declaration”. However, as the Joint Declaration made clear, “defence affairs” are outside Hong Kong’s “high degree of autonomy”, and this is now enshrined in the Basic Law.

The Joint Declaration said nothing whatsoever about national security, which is unsurprising as it involves China’s own defence interests. Indeed, Britain never proposed, and China never agreed, that Hong Kong would be denied the laws required to defend itself from subversive activities or terrorism, or to protect the nation.

Under China’s constitution, national security is always a matter for the country as a whole, just as it is in Britain, and any attempt to rewrite history is readily foiled by the fine print of the Joint Declaration itself.

However, Raab’s report must be seen in context. Shortly after the enactment of the national security law, he sought to weaken Hong Kong’s legal system. He extended the China arms embargo to Hong Kong, in an attempt to deny the police force essential crowd control equipment, and suspended Britain’s extradition treaty with Hong Kong.

In consequence, fugitives can now flee the city and claim safe haven in Britain. Raab has yet to explain how, criminals apart, this benefits anybody anywhere.
Such ideological mindlessness is now compounded by his latest report. Since 1997, there have always been two serving judges from Britain sitting as non-permanent judges in the Court of Final Appeal. At present, they are Lords Reed and Hodge, respectively the president and deputy president of the British Supreme Court.

The arrangement has resulted in judgments of the highest quality. The court itself has benefited from the input of eminent jurists from elsewhere, and their presence has also promoted public confidence in the rule of law.

Despite this, Raab has declared that he plans to speak to Lord Reed about “whether it continues to be appropriate for British judges to sit as non-permanent judges on the Hong Kong Court of Final Appeal”.

Although this will delight those on the hard right of the Conservative Party, it will play less well with those, including Hong Kong government opponents, who believe that foreign judges contribute greatly to the success of the common law in Hong Kong, and help protect fundamental freedoms.

If Raab is genuinely concerned about the national security law, he should be encouraging the British judges to remain, so that when cases reach their court, they can help ensure just outcomes.

If, moreover, Raab really wants to pick a fight in the Far East, let him try his luck with two other former British colonies, Malaysia and Singapore.

country has national security laws which are far more draconian than Hong Kong‘s, in terms of preventive detention, bail denial, admissibility of incriminating evidence, and punishment.

Moreover, whereas the Basic Law, in Article 39, states that the International Covenant on Civil and Political Rights, which contains fair-trial guarantees and protects fundamental rights, applies to Hong Kong, neither Malaysia nor Singapore has signed it. Indeed, the ICCPR is enshrined in the national security law for Hong Kong (Article 4), which Raab disregards.

In his eagerness to confront Beijing, he obviously sees Hong Kong as collateral damage. His report will certainly not help the city, and may actually harm it. In these difficult times, Hong Kong needs genuine friends, not politicians with agendas of their own.
Newsletter

Related Articles

0:00
0:00
Close
British Museum Faces Questions Over Peter Thiel’s Private Bayeux Tapestry Viewing
Earl Spencer Memoir Excerpts Renew Public Debate Over Diana’s Death
Liberal Democrats Gather in Brighton for Autumn Conference
Mothercare Shares Plunge as Middle East Store Closures Threaten Long-Term Solvency
Kent Police Treat Folkestone Hotel Fire as Suspicious
Caribbean Governments Advance Reparations Campaign Seeking Engagement With Britain
Scottish Labour Leader Backs Rosebank and Jackdaw North Sea Projects
FCA Urges Young Adults to Trace £1.5 Billion in Unclaimed Child Trust Funds
UK Competition Regulator Opens Inquiry Into McCormick-Unilever Foods Deal
Public Inquiry Into Tees, Esk and Wear Valleys Mental Health Failings Set to Begin
Nigel Farage Looks to US Immigration Enforcement Model for UK Border Policy
Chiltern Railways Moves Into Public Ownership
Security Review Raises Concerns Over Sensitive UK Police Data Stored on Microsoft Cloud
Burnham Government Warns of Difficult Autumn Budget as Fiscal Headroom Narrows
Bank of England Holds Rates at 3.75% as Inflation Rises to 3.1%
Ed Sheeran Tour Faces Backlash After Macklemore Is Removed Over Pro-Palestinian Remarks
Vandalism of Traffic Cameras Intensifies Across Parts of England
Nearly 300 Evacuated as Fire Hits Grand Burstin Hotel in Folkestone
King Charles Warns AI Executives About Risks From Uncontrolled Technology
Church of England Apologises for Role in Historical Forced Adoption Practices
UK Debate Over Online Speech Intensifies After Arrest Figures Draw Scrutiny
Oxfordshire Village Holds Symbolic Independence Vote Over Asylum Accommodation Plan
Nigel Farage and Richard Tice Sue National Crime Agency Over Alleged Banking Data Leaks
Apple Introduces Stricter Age Checks for UK Accounts
BBC Cash Reserves Fall 66% to £125 Million as Broadcaster Restructures
McLaren Announces £500 Million UK Investment and Plans 1,000 Jobs
Green Party Wins Historic Gorton and Denton By-Election as Labour Falls to Third
Burnham Government Prepares October Budget Under Growing Fiscal Pressure
UK Energy Suppliers Pull Fixed-Price Deals as Wholesale Markets Turn More Volatile
Bank of England Holds Rates at 3.75% as Middle East Energy Shock Raises Inflation Risks
Addison Lee Founder Loses £20 Million UK Tax Tribunal Case
BrewDog Creditors Face Losses on About £190 Million of Debt
Harrods Seeks to Recover Abuse Compensation Costs From Mohamed Al Fayed’s Estate
Ed Davey Targets Reform UK as Liberal Democrat Conference Opens
Great Britain Retail Sales Rise 0.5% in August
NHS England Approves Life-Extending Treatment for Incurable Breast Cancer
Proposals to Limit NHS ADHD Diagnoses Draw Criticism From Patient Groups
Resolution Foundation Warns of Housing Cost Crunch for Low-Income UK Families
BBC Cash Reserves Fall to Decade Low as Annual Deficit Reaches £121 Million
Millisecond Software Error Triggered Major UK Air Traffic Control Disruption
Twenty Women Underwent Unnecessary Mastectomies During NHS Cancer Care
Sensitive UK Police Data Found Vulnerable to Access by Foreign Actors
British Steel Faces Renewed Pressure for a Long-Term Financial Plan
MPs Urge Government to End Thames Water Restructuring Talks With U.S. Hedge Funds
Andy Burnham Warns of Difficult UK Budget Choices as Inflation Returns to 3.1%
England Tightens School Food Standards With Restrictions on Deep-Fried and High-Sugar Foods
Oxfordshire Village Votes Symbolically to Leave UK Over Proposed Asylum Centre
Michael Marra Elected Leader of Scottish Labour
BBC Cash Reserves Fall Sharply as Financial Pressures Mount
George Osborne Calls for UK to Rejoin EU Customs Union
×