Leung Mei-fun

Therefore, invoking Annex III is considered not a preferred choice for implementing the co-location arrangement.

In fact, it is also a complicated job for central authorities to examine all the relevant national laws to be applied to the HKSAR for implementation of the proposed co-location arrangement. Nor is this worthwhile, considering the political reaction it might cause in Hong Kong.

After considering the current situation, the NPCSC made an official decision to approve the co-location arrangement agreed upon by the governments of Hong Kong and Guangdong province. The NPCSC decision has provided a strong constitutional and legal basis for the co-location arrangement. Under the nation’s constitutional order, the NPCSC’s decision and its interpretation have the same legal status which is binding on Hong Kong courts.

It is worthwhile to recollect the Basic Law drafting process. The fact that the Basic Law was passed by the NPC and its final interpretation power is vested in the NPCSC reflects that the HKSAR Basic Law not only carries the nature of common law (Article 8), but also the nature of civil law (Article 158(1)). In the past 20 years, most court cases in Hong Kong are adjudicated in common law tradition; however, when it comes to central-local relationship, it will reflect both the civil law tradition and common law tradition. These are the characteristics of the HKSAR Basic Law under the constitutional framework of “one country, two systems” since the Basic Law was born.

Hong Kong is part of China and the city’s Basic Law has to operate under the country’s constitutional order while, within limits of its high degree of autonomy, Hong Kong is allowed to maintain common law traditions. The co-location arrangement involves centrallocal relationship. After the approval of the NPCSC, the arrangement comes to the last stage, namely local legislation in Hong Kong. The NPCSC decision has provided a strong constitutional and legal basis for the colocation arrangement. It is hoped that for the betterment of Hong Kong, the local legislation can be completed as soon as possible to meet the commencement date of the Hong Kong section of the Express Rail Link in September this year.