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Hong KongPolitics

Pro-Beijing veteran Maria Tam backtracks on claim that checkpoint decision has legal binding power for Hong Kong courts

Basic Law Committee member now says three-step process forms legal basis for co-location arrangement

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Maria Tam’s latest comments differ from those she made previously. Photo: Nora Tam
Jasmine Siu

The decision by China’s top legislative body on a joint checkpoint plan in Hong Kong for a cross-border rail link had “no direct binding power” over the city, instead it was a “looped three-step” process including local legislation that formed the legal basis for the arrangement, according to a pro-Beijing heavyweight.

The latest comments by Basic Law Committee member Maria Tam Wai-chu contrasted with her claims over the past two days that the National People’s Congress Standing Committee (NPCSC) had legal binding power over local courts on a par with Basic Law interpretations made by the top body.

“The NPCSC’s decision, under Chinese constitutional laws, are equivalent to laws, but they are mainland laws, not Hong Kong’s local laws,” Tam told an RTHK radio programme on Monday.

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The decision being referred to was the NPCSC’s approval last Wednesday of the so-called “co-location” plan for officers from across the border to enforce mainland laws in part of the West Kowloon terminus of the high-speed rail link to Guangzhou.
Construction work in Hong Kong for the express rail link is 98 per cent complete, the rail operator said. Photo: David Wong
Construction work in Hong Kong for the express rail link is 98 per cent complete, the rail operator said. Photo: David Wong
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The move sparked an outcry from the local legal sector, including the Hong Kong Bar Association, which said it was “appalled” by the decision, as officials had failed to specify how it complied with the Basic Law, the city’s mini-constitution, to allow mainland laws to be enforced in part of the city.
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