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Hong KongLaw and Crime

Hong Kong Law Society warns lack of clarity on joint rail checkpoint could undermine ‘one country, two systems’

Plan will see mainland laws enforced in part of the rail terminus in Hong Kong

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The construction site for the West Kowloon terminus for the high-speed rail link. Photo: Nora Tam
Su Xinqi

The Law Society of Hong Kong warned on Thursday that the lack of a clarification on the legal basis of the controversial joint-checkpoint plan for the cross-border rail link risked undermining the Basic Law and the “one country, two systems” principle.

The society – a professional body of solicitors – publicly stated its stance and concern for the first time since China’s top legislature, the National People’s Congress Standing Committee (NPCSC), approved the joint customs arrangement for the Guangzhou-Shenzhen-Hong Kong Express Rail Link on December 27.

The so called “co-location” plan allows mainland officials to enforce national laws in the “mainland port area”, which will take up one-fourth of the West Kowloon terminal and is “deemed as the mainland”.

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According to Article 18 of the Basic Law, the city’s mini-constitution, national laws that are not included in Annex 3 cannot be implemented in Hong Kong.

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On December 28, Hong Kong’s Bar Association released a strongly-worded statement, saying it was “appalled” by the decision made by the NPCSC, that the move was the most retrograde step since 1997, and that the Basic Law was being “irreparably breached” and the rule of law “severely” undermined.

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The Law Society broke its silence on Thursday, as the Bar Association was choosing its new leadership between the incumbent council chaired by Paul Lam Ting-kwok and a contesting team led by human rights lawyer Philip Dykes, who has said the barristers’ group should have stated its stance on the row earlier.
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