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Hong Kong high-speed rail
Hong KongPolitics

Bar Association raps officials for ‘flawed’ argument, says mainland laws at joint checkpoint will affect all Hongkongers

This is because everyone in city is a potential passenger of the high-speed rail, it argues, rebutting authorities’ claim that legal arrangement will apply only to travellers

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The West Kowloon terminus under construction. Photo: Felix Wong
Alvin Lum

All individuals in Hong Kong – not just travellers at the West Kowloon terminus of the cross-border rail link to Guangzhou – would be affected by a controversial arrangement for mainland officials to enforce national laws in part of the station, the city’s Bar Association said on Thursday.

In a statement, the professional organisation of barristers said “everyone is a potential passenger of the high-speed rail” and therefore the government’s efforts to push through a bill on the joint checkpoint plan centred on a “flawed” argument. Authorities had insisted such laws would only apply to travellers in a designated area of the terminus.

“The fact that a law may not have immediate practical consequences for a person unless they step into a particular arena does not mean that the law does not apply to all persons,” the association added.

Hong Kong Bar Association ‘appalled’ by approval of joint checkpoint plan, saying it ‘irreparably’ breaches Basic Law

Its comments on Thursday were in response to the latest legal arguments made by the government to lawmakers currently scrutinising the bill in the Legislative Council.
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The association, led mostly by liberal-minded lawyers, has repeatedly argued that having mainland Chinese police and customs officials handle immigration for travellers in both directions in one section of the West Kowloon terminus contravenes the Basic Law, Hong Kong’s mini-constitution.

The Basic Law states no mainland Chinese law shall be applied in the city except for those relating to defence, foreign affairs and “other matters outside the limits” of Hong Kong’s autonomy.

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But members of Chief Executive Carrie Lam Cheng Yuet-ngor’s administration, including justice chief Teresa Cheng Yeuk-wah, had argued that under the bill, the laws of the “mainland port area” would apply only to those who chose to enter certain areas of the terminus to use the rail service, and not to the whole of the city.

They stressed that Hongkongers should judge the rail link based on the economic benefits it would bring the city, and noted the joint checkpoint would save time and spare travellers from the hassle of going through border inspection twice.

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