HK-mainland cross-border express train fuels jurisdiction debate

Debate continues over jurisdictions within the cross-border express train terminus in the Kowloon-
mainland rail link, as no deals have yet been made by the Beijing and Hong Kong governments on checkpoint arrangements.

The two governments are working on developing a law enforcement model for the cross-border rails’ joint checkpoint, noting that a joint checkpoint is essential to reduce the travel time.

Hong Kong’s transport minister Anthony Cheung Bing-leung said in a radio program that officers would be able to exercise mainland laws within designated areas at the station, which is located in Hong Kong.

Although the head did not specify the extent of their powers, critics warn that permitting mainland officers to exercise immigration controls and security checks will breach Hong Kong’s Basic Law – which bans the implementation of mainland laws in Hong Kong.

“The question we are handling is how the [mainland officers’] exercise of mainland laws in Hong Kong can comply with the spirit of ‘one country, two systems’ and the Basic Law,” Cheung said, as cited by the South China Morning Post.

However, the minister clarified that the Shenzhen Bay model (a Hong Kong immigration control point on its border with mainland China, which is housed in the same building with its mainland Chinese counterpart, the Shenzhen Bay Port) could not be directly transplanted, adding “it is different as it involves the exercise of Hong Kong laws on the mainland.”

The final arrangement should be ready before the administration of its Chief Executive Leung Chun-ying ends on June 30.

According to him, the final arrangement needs to be assessed by Hong Kong lawmakers; he expressed the belief that there would be sufficient time for this before the scheduled opening – which is in the third quarter of 2018.

“At the end of the day it’s a matter of trust,” he said, citing the lack of public opposition to a local garrison of the People’s Liberation Army.

He also added that certain issues are sometimes overly politicized.

Last month, Hong Kong authorities headed to Beijing to discuss the high-speed rail link with mainland authorities.