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China has come a long way since 1997. Will Hong Kong get on board via express rail link?
Bernard Chan says express rail co-location alarmists seem unable to tell between actual threats to Hong Kong’s legal system and freedoms, and an obvious way to improve cross-border transport connections
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The controversy over planned joint checkpoints at the West Kowloon express rail station reflects deep, long-term divisions in Hong Kong.
On the face of it, the argument is about locating mainland officials at the Hong Kong end of the rail link. The Basic Law bars mainland authorities from operating and exercising mainland laws in Hong Kong territory. So the government plans to lease out the space in the terminal as a “mainland port area”.
To supporters of the idea, it is the obvious practical arrangement – convenient to passengers and efficient in terms of administration and system design.
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To opponents, the proposal looks unconstitutional, or at least twists the Basic Law’s original intent to ensure Hong Kong’s autonomy. Furthermore, some suggest it could be a precedent for Hong Kong to lease other areas where mainland officials could enforce mainland laws, such as protest sites.
Fearmongering over mainland officials in West Kowloon terminus
Speaking on the radio last week, former Democratic Party leader Martin Lee Chu-ming recalled his role in drafting the Basic Law. At that time, he said, the idea of leased Hong Kong territory where mainland laws apply would have been unthinkable. However, the Basic Law drafting began in 1985, and the final law was adopted by Beijing in 1990. The world, especially the mainland, was a very different place then. Those of us who remember travelling to the mainland 30 or even 20 years ago will know how much has changed.
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