China Daily (Hong Kong)

Co-location has ‘solid legal basis’

- By JOSEPH LI in Hong Kong joseph@chinadaily­hk.com

The co-location arrangemen­t for the West Kowloon terminus of the Guangzhou-ShenzhenHo­ng Kong Express Rail Link (XRL) has solid legal basis, says Elsie Leung Oi-sie, deputy director of the Hong Kong Basic Law Committee.

Her remarks, made in an interview with China Daily, came after the country’s top legislatur­e — the Standing Committee of the National People’s Congress (NPCSC) — approved the cooperatio­n agreement between the Guangdong and Hong Kong government­s late last year to set up a mainland port area at the XRL’s West Kowloon Station, saying it complies with both the nation’s Constituti­on and the Basic Law.

The NPCSC also urged the HKSAR Government to enact local legislatio­n to implement the agreement.

Leung hit out at some people in Hong Kong, including many from the legal sector, who have questioned the legitimacy of the NPCSC decision and vowed to seek a judicial review of the co-location arrangemen­t although it has been given the go-ahead by the country’s top legislatur­e.

“The NPCSC decision has a strong legal basis and is, in no way, a rash decision. It’s not just anyone else who says it’s legal and constituti­onal. The legal basis and rationale are there, but some people are just unwilling to accept it,” she said.

“Those who oppose the project would also come up with various reasons if we had applied for Article 18 of the Basic Law to enforce a national law in Hong Kong, triggered Article 20 to increase the HKSAR’s powers, interprete­d the Basis Law provisions or amended the Basic Law pursuant to Article 158 and 159.”

“It is simply because they refuse to accept the reality of Hong Kong’s reunificat­ion and economic integratio­n into the country. Since the handover, we have a new constituti­onal order, yet whatever the SAR government proposes, they are not satisfied,” Leung said.

She added that although the NPCSC decision on the co-location arrangemen­t is not a piece of law or an interpreta­tion of the Basic Law, it carries legal effect.

“For people seeking a judicial review, I don’t know what arguments they will resort to. Yet, if they question the legality of the NPCSC decision, Hong Kong courts shall refuse to hear the case,” Leung predicts.

 ??  ?? Leung Oi-sie, deputy director of the Hong Kong Basic Law Committee
Leung Oi-sie, deputy director of the Hong Kong Basic Law Committee

Newspapers in English

Newspapers from China