Question to the EC: Hong Kong's autonomy and the EU-China investment deal

See Francisco Guerreiro’s question to the European Commission and the written answer on Hong Kong's autonomy and the EU-China investment deal.

Subject: Hong Kong's autonomy and the EU-China investment deal 

I wish to express deep concerns about the Chinese Parliament’s unilateral adoption of national security legislation for Hong Kong. This is an assault on the city and region’s autonomy, the rule of law, and fundamental freedoms. The integrity of the ‘one-country, two-systems’ principle is in real jeopardy. I am aware that the Vice-President of the Commission/High Representative Mr. Borrell has already called on the People’s Republic of China to respect Hong Kong’s autonomy. However, the political, economic and judicial pressure of the Communist regime on the region is increasingly intolerable. 

Given that the Commission is currently negotiating an important investment deal with China, I therefore ask: 

1. Is the Commission using its economic leverage in these negotiations, urging China to improve its human rights standards, respect Hong Kong’s autonomy and halt the new security legislation? 

2. Will the Commission consider suspending these negotiations if China does not respect its international commitments on the Special Administrative Region of Hong Kong?

Answer in writing

The European Union (EU) has repeatedly spoken out against the imposition of new national security legislation for Hong Kong.(1) The EU has a strong stake in the continued stability and prosperity of Hong Kong under the ‘One Country Two Systems’ principle and attaches great importance to the preservation of the high degree of autonomy of the Special Administrative Region of Hong Kong. 

The High Representative/Vice-President after the Foreign Affairs Council of 13 July 2020 proposed a comprehensive, coordinated EU approach in response to the imposition of the national security law. The EU adopted Council Conclusions on 28 July 2020 setting out a coordinated response package of measures to be carried out at EU and/or Member State level, within their respective areas of competence. Such measures include, among others, asylum, migration, visa and residence policy; exports of specific sensitive equipment and technologies for end-use in Hong Kong; scholarships and academic exchanges involving Hong Kong students and universities; support to civil society. 

Whilst the EU continues voicing these concerns through appropriate channels, it should be recalled that the negotiations on a Comprehensive Agreement on Investment (CAI) are intended to address concerns arising from discriminatory laws and distortive practices that prevent EU investors from accessing and competing in the Chinese market on an equal footing with Chinese companies and companies from other countries. CAI is primarily a tool to rebalance market openness and to level the playing field for EU companies operating in China. At the same time, the EU continues to follow developments in Hong Kong closely and is reviewing all possible options to address the situation in the region.

(1)       Declaration by the High Representative, on behalf of the European Union, on the announcement by China’s National People’s Congress spokesperson regarding Hong Kong:

https://www.consilium.europa.eu/en/press/press-releases/2020/05/22/declaration-by-the-high-representative-on-behalf-of-the-european-union-on-the-announcement-by-china-s-national-people-s-congress-spokesperson-regarding-hong-kong/

Declaration of the High Representative on behalf of the European Union on Hong Kong:

https://www.consilium.europa.eu/en/press/press-releases/2020/05/29/declaration-of-the-high-representative-on-behalf-of-the-european-union-on-hong-kong/

Declaration of the High Representative on behalf of the European Union on the adoption by China’s National People’s Congress of a National Security Legislation on Hong Kong:

https://www.consilium.europa.eu/en/press/press-releases/2020/07/01/declaration-of-the-high-representative-on-behalf-of-the-european-union-on-the-adoption-by-china-s-national-people-s-congress-of-a-national-security-legislation-on-hong-kong/

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