Opinion | Stretching the Basic Law to fit Hong Kong’s high-speed rail plan puts ‘one country, two systems’ at risk
Cliff Buddle says there is no clear justification under the Basic Law for the wholesale application of mainland laws in a part of Hong Kong. Attempts to get around the city’s legal framework will have far-reaching consequences
The legal issues raised by plans for a high-speed railway linking Hong Kong with the rest of China go well beyond the creation of a convenient way to travel.
They concern the tensions between the different legal systems on either side of the border. The way the issues are resolved will have far-reaching implications for Hong Kong’s constitutional relationship with Beijing.
These tensions are not new. Eighteen years ago, when Hong Kong courts were first grappling with the consequences of the city’s return to China, I recall two appeal judges appearing shocked and offended by what were seen as novel arguments submitted on behalf of the city’s government.
The other remarked, rather dryly, that the government was submitting the court had “to do as we are told”.