Hong Kong gets more power under joint checkpoint plan, not less, legal scholar argues

An expert on Hong Kong ­constitutional law argued ­on Monday that a contentious plan to have a joint checkpoint with the mainland for the high-speed rail link to Guangzhou would actually grant the city more power instead of undermining its authority.

Basic Law Committee ­member Albert Chen Hung-yee said the city’s high degree of ­autonomy would be reflected by the “co-location” arrangement, which opposition lawmakers and other critics are nervous about because it would allow national laws to be enforced on Hong Kong soil.

The plan is to lease a quarter of the West Kowloon terminus to mainland authorities as a designated port area where their laws will apply. This can be done by seeking authorisation from the National People’s Congress Standing Committee (NPCSC) under Article 20 of the city’s mini-constitution, which stipulates that Beijing can grant Hong Kong power it does not already have.

Chen, a law professor at the University of Hong Kong, argued that it would be to the city’s benefit to be given the authority to enact a new law to facilitate operations at the joint checkpoint.

“Hong Kong still has the freedom to decide whether it will use the power given to it by the NPCSC,” he said.