2015-12-09 HKT 15:54
A joint-immigration checkpoint is seen as key to the success of the the high-speed rail link to Guangzhou. File photo: RTHK
The government is studying whether it is possible to amend an annex of the Basic Law in order to allow mainland officers to police a joint checkpoint of the cross-border rail terminus in West Kowloon, the justice secretary revealed on Wednesday.
Rimsky Yuen suggested that national laws could be enacted in the city without breaching the "One country, Two systems" principle. He was responding to a question raised in the Legislative Council by Association for Democracy and People's Livelihood lawmaker Frederick Fung.
Yuen had sparked a controversy last month saying it was "inevitable" that mainland officers would be allowed to enforce their laws in the Express Rail Link terminus if the co-location arrangement were to succeed.
Critics say that allowing mainland law enforcement agencies to perform their duties on Hong Kong soil would undermine the SAR's autonomy and violate the constitution.
"Some lawyers are of the view that [amending annex 3 of the Basic Law] can be one of the ways that can be considered," Yuen said. "That is also within our scope of study."
“We do not see why it must be in breach of the Basic Law or the ‘One country, Two systems’ principle.”
Basic Law – Hong Kong’s mini-constitution – states that only mainland laws that relate to defence, foreign affairs as well as other matters outside the limits of Hong Kong’s autonomy are allowed to be incorporated into annex 3.
Labour Party legislator Lee Cheuk-yan said such a move would compromise Hong Kong's high level of autonomy. "This is a complete betrayal of the ‘One country, Two systems’ principle," he said.
Hong Kong officials will discuss the legal implications of a co-location arrangement with their mainland counterparts early next year.
http://news.rthk.hk/rthk/en/component/k2/1228635-20151209.htm
