A jurisdictionally controversial strategy to establish joint migration and customs centers at the West Kowloon terminus of the high-speed rail link in between Hong Kong and Guangzhou is heading into an additional debate with officers from the mainland to totally impose criminal law too there.
The Executive Council is set to back an intent on Tuesday for mainland officers to exercise complete criminal jurisdiction on trains and platforms along with the border clearance zone which will fall under the area rented to them when the Guangzhou-Shenzhen-Hong Kong Express Rail Link opens for business next year, according to sources.
The so-called “co-location” plan has long been a sticking point and is now a hot potato for the brand-new administration of Chief Executive Carrie Lam Cheng Yuet-Ngor, with critics worried that enabling mainland migration officers to exercise jurisdiction on Hong Kong soil would contravene the city’s mini-constitution, the Basic Law.
Supporters of the plan concern the point of constructing the HK$ 84.4 billion train without real estate such centers under the exact same roofing system for useful functions.
According to 2 sources who participated in a unique rundown on Monday, officers from the opposite of the border would deserve to impose mainland criminal law on top of customs and migration guidelines on trains and platforms, while the train tracks would be within the province of Hong Kong.
” The mainland federal government will be needed to pay the lease for the rented area, but the precise quantity is yet to be verified,” a source stated, including that the lease would end in 2047.
The West Kowloon station plan will resemble that for the existing Shenzhen Bay port, where Hong Kong leases an area for implementing border clearance for around HK$ 7 million a year.
Michael Tien Puk-sun, a Hong Kong deputy to China’s leading legislature, the National People’s Congress (NPC), stated it was most likely that mainland law completely would be implemented in the rented area.
The legislator and previous train manager had previously proposed that mainland officers must just exercise criminal jurisdiction, not implement the civil law, in the zone under their province. On Monday, he exposed that the mainland side had chosen it would be hard to execute it.
The pan-democrats have in the previous alerted of the ramifications of implementing mainland criminal law at the terminus, as a Hongkonger using a T-shirt in assistance of a Chinese dissident, for instance, might enter problem on Hong Kong soil.
Pro-establishment legislator Priscilla Leung Mei-fun stated it would be much easier to deal with mishaps or upkeep of the tracks fell within the city’s jurisdiction, as any disagreement or payment might be managed under local law.
Leung anticipated the NPC to back a resolution on the train offer initially, and the city follows with the pertinent legislation.
The co-location plan would not need any change to Annex 3 of the Basic Law, which notes exemptions to the guideline that mainland law cannot be implemented in Hong Kong.
Civic celebration legislator Tanya Chan, a lawyer by trade, stated she might not see how the co- area plan would adhere to the Basic Law.
” Even if the area is rented to the mainland, it is still a Hong Kong area,” she stated. “If it can be challenged at will today, it can be altered whenever.”.