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All Hong Kong underground spaces ‘belong to China’, Basic Law expert says amid rail row over terminus checkpoint

Alan Hoo says spaces beneath ground level in Hong Kong are locally managed only because of ‘consent’ from the central government

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Work continues on the West Kowloon terminus of the Guangzhou-Shenzhen-Hong Kong express rail link. Photo: K. Y. Cheng

A member of Beijing’s top advisory body has said that Chinese officers have a right to enforce mainland laws beneath ground level in the Hong Kong terminus of a new cross-border rail, because the “underground jurisdiction belongs to China”.

Alan Hoo’s theory was quickly dismissed by local lawyers as “absurd” and legally erroneous, but his ideas were seen as similar to the view held by some mainland officials eager for a tough approach to the railway’s law enforcement model, which will be unveiled shortly.

Hong Kong and mainland authorities have been trying to reach a consensus on how to let passengers of the Guangzhou-Shenzhen-Hong Kong high-speed railway cross the border conveniently through a joint checkpoint at the West Kowloon terminus, without compromising the “one country, two systems” principle. The rail will begin operations late next year.

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Local legal experts have dismissed Alan Hoo’s theory as ‘absurd’ and legally unsound. Photo: Bruce Yan
Local legal experts have dismissed Alan Hoo’s theory as ‘absurd’ and legally unsound. Photo: Bruce Yan

The local government said it hoped to announce a decision on the issue before the current administration’s term ends in June.

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Proponents of the joint checkpoint said having counters on each side of the border instead would lengthen travel times.

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