Guangzhou-Shenzhen-Hong Kong Express Rail Link (Co-location) Bill

Guangzhou-Shenzhen-Hong Kong Express Rail Link (Co-location) Bill

on quick reading, it seems the most important part has been relegated to the section on the "co-operation arrangement" which has already been endorsed by the NPCSC (which is difficult to challenge in court); whereas the legislative framework devised by DOJ is only simple, containing definitions and the enabling clause(s) regarding the exercise of mainland law and jurisdiction in the Designated Area. in other words, little has been added after the endorsement of the "co-operation arrangement", and this "littleness" can barely be challenged, except of course where the constitutionality of the whole "co-operation arrangement" is called into question. in other words, the Bill itself is pretty safe. the only challenge would probably be the "deeming provisions" under the context of BL vis-a-vis the Shenzhen Bay Port Hong Kong Port Area Ordinance, Cap 591. this points to the question of constitutionality of the whole "co-operation arrangement", and the HKBA is only querying why the NPCSC didn't provide details in its Decision. well, when challenged in court, the CFA will seek the NPCSC's interpretation, and in due course, the NPCSC is entitled to give or not give more details, but the whole thing is fait accompli.


http://www.gld.gov.hk/egazette/pdf/20182204/es3201822043.pdf