Gov’t welcomes NPCSC’s decision

(December 27, 2017)

Display Transcript

Chief Executive Carrie Lam:

First, (the) co-location arrangement for the XRL (Guangzhou-Shenzhen-Hong Kong Express Rail Link) at the West Kowloon Station, in order to fully unleash the high speed rail’s advantages, represents new circumstances in the implementation of “one country, two systems” and involves complex issues of applicability of Mainland and Hong Kong laws as well as jurisdiction matters which could not have been foreseen in the drafting of the Basic Law. It is therefore understandable that there is no specific provision in the Basic Law that could directly respond to or accommodate such new circumstances. The Mainland and the Hong Kong SAR (Special Administrative Region) authorities have therefore thoroughly deliberated and debated on the matter over a period of time with a view to finding the most suitable arrangement.

Secondly, in so doing, the two sides have always worked from the common and unequivocal understanding that any arrangement must be consistent with the “one country, two systems” principle and must not contravene the Basic Law. In exercise of its power and duties, the National People's Congress Standing Committee made a decision today which approves the co-operation arrangement and clearly confirms that it is consistent with the constitution of the People’s Republic of China and the Basic Law. Such an act provides strong legal backing to the co-location arrangement, including the enforcement of Mainland laws by relevant law enforcement agencies within the Mainland Port Area at the West Kowloon Station.

Thirdly, contrary to allegations that (the) co-location arrangement undermines the Hong Kong Special Administrative Region’s high degree of autonomy, the decision affirms that the conduct of consultations by the Hong Kong SAR Government with the relevant parties of the Mainland for making an appropriate arrangement on issues relating to the establishment of a port at the West Kowloon Station and the implementation of (the) co-location arrangement thereat is a clear demonstration of the exercise of a high degree of autonomy by the Hong Kong SAR in accordance with the constitution and the Basic Law.
 
Fourthly, the NPCSC’s (National People’s Congress Standing Committee’s) decision expressly states that the establishment of the Mainland Port Area at the West Kowloon Station does not alter the administrative division of the Hong Kong SAR and does not undermine the rights and freedoms enjoyed by the residents of the Hong Kong SAR in accordance with (the) law. Allegations that (the) co-location arrangement involves a cession of territory or a breach of human rights are clearly unfounded.

And finally, furthermore the NPCSC’s decision specifies that the Mainland authorities stationed at the Mainland Port Area and their personnel can only perform duties and functions strictly within the confines of the Mainland Port Area.

The Hong Kong SAR Government will strive to introduce the bill to implement (the) co-location arrangement at the West Kowloon Station pursuant to the NPCSC’s decision and the approved co-operation arrangement into LegCo (the Legislative Council) no later than early February 2018. We must secure its passage before LegCo’s summer recess next year so as to meet the target of commissioning the Hong Kong section of the XRL in the third quarter of 2018.

The Hong Kong Special Administrative Region Government welcomes the National People's Congress Standing Committee’s decision to approve the co-operation arrangement between the Mainland and Hong Kong to implement the co-location plan at the West Kowloon Station of the Guangzhou-Shenzhen-Hong Kong Express Rail Link.

Chief Executive Carrie Lam made the statement in a press conference held today, saying the NPCSC’s decision signifies accomplishing the second step in the three-step process to provide a firm legal basis for implementing the arrangement.

She said the plan represents new circumstances concerning "one country, two systems" and involves complex issues which could not have been foreseen in the drafting of the Basic Law.

“The implementation of (the) co-location arrangement thereat is a clear demonstration of the exercise of a high degree of autonomy by the HKSAR in accordance with the constitution and the Basic Law.

“The establishment of the Mainland Port Area at the West Kowloon Station does not alter the administrative division of the HKSAR and does not undermine the rights and freedoms enjoyed by the residents of the HKSAR in accordance with (the) law.

“Allegations that (the) co-location arrangement involves a ‘cession of territory’ or a breach of human rights are clearly unfounded,” she added.

Mrs Lam said the HKSAR Government will strive to introduce the bill concerning the arrangement into the Legislative Council no later than early February 2018.

She said the Government must ensure the bill's passage before LegCo's summer recess next year to meet the target of commissioning the Hong Kong section of the express rail link in the third quarter of 2018.

Elaborating on the legal basis for implementing the co-location plan, Secretary for Justice Rimsky Yuen said the HKSAR and Mainland authorities repeatedly studied different proposals, including the proposal to invoke Article 20 of the Basic Law.

After full consideration, the NPCSC decided the more appropriate option was for it to approve the co-operation arrangement, he said.

“The NPC is the highest organ of state power, whilst the NPCSC is its permanent body. The advantage of NPCSC's aforesaid approach is that it resolved the issues from a constitutionally higher level, and can thereby avoid disputes such as questions of authorisation and the like, and can be regarded as a more prudent way of dealing with the matter.”

Mr Yuen added the arrangement does not contravene Article 18 of the Basic Law as the application of national laws is only confined to the Mainland Port Area in the station rather than the entire HKSAR.