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Hong Kong courts have no power to challenge decisions of China’s top legislative body, says Beijing loyalist Maria Tam

Comments from political heavyweights come amid furore over NPC Standing Committee’s approval of a joint checkpoint plan for cross-border express rail link

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Maria Tam says decisions by the National People’s Congress Standing Committee are also laws. Photo: Roy Issa
Kimmy Chung

A “decision” adopted by China’s top legislative body was equivalent to a law that Hong Kong courts had no power to challenge, a pro-Beijing political heavyweight said on Saturday, amid a row over the legality of the body’s approval of a joint checkpoint plan for a cross-border rail link.

“Under the Chinese constitutional system, decisions made by the National People’s Congress Standing Committee [NPCSC] are equivalent to laws. They are also laws,” said Maria Tam Wai-chu, a member of the Basic Law Committee under the NPCSC.

“We [Hong Kong] should have no jurisdiction over the NPCSC’s decisions.”

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The NPCSC approved the scheme and issued the decision on Wednesday, allowing mainland officials to enforce national laws in part of the West Kowloon terminus – leased to the mainland and deemed a mainland port area – of the express rail link.
It sparked an outcry from the local legal sector including the Hong Kong Bar Association, which said it was “appalled” by the move. Former chairman Paul Shieh Wing-tai had earlier said that the decision made by the NPCSC lacked constitutional status in the city, thus the courts could disagree with it.

Hong Kong’s legal community can challenge Beijing’s approval of joint checkpoint plan, ex-Bar Association head says

However, he also conceded that such a legal battle may end up with the NPCSC issuing another “shocking” interpretation of the Basic Law, the city’s mini-constitution.

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