As a matter of fact, what Article 18 of the Basic Law stipulates is on how national laws shall be applied in the Hong Kong SAR. It is on matters of principle, namely about the overall and comprehensive implementation [of relevant national laws]. But Mainland laws and regulations involved in the Colocation Arrangement will only be applied in a specific Mainland Port Area in the West Kowloon Station, and they will immediately become invalid outside the port area. In this way, how could it be possible for "cross-border law enforcement" to happen?
On this matter, the NPC Standing Committee's decision yesterday expressly states that the establishment of the Mainland Port Area at the West Kowloon Station does not alter the administrative division of the Hong Kong SAR, does not affect the Hong Kong SAR's right to a high degree of autonomy accorded by the law, and does not reduce the rights and freedoms enjoyed by the residents of the Hong Kong SAR in accordance with law.
The implementation of the Colocation Arrangement at the West Kowloon Station is in fully accord with stipulations in the Basic Law of the Hong Kong SAR that the Hong Kong SAR Government shall formulate appropriate policies to promote and co-ordinate the development of various trades, and provide an appropriate economic and legal environment to promote economic development, and in accord with the "one country two systems" principle and the fundamental principles of the Basic Law of the Hong Kong SAR.
The "does not alter", "does not affect" and "does not reduce" as well as the two "in accord withs" mentioned in the statement could be said to have formed the legal foundation and ground for the NPC Standing Committee to approve the Colocation Arrangement. After the implementation of Colocation Arrangement, the administrative division of the Hong Kong SAR will not be altered, not become "smaller"; the high degree of autonomy enjoyed by the SAR will not be affected; Hong Kong residents' rights and freedom will not be reduced slightly. They will go through the border checks in the same way as they now go through existing Mainland checkpoints with their home visit permits. So to hell with assertions such as "the Colocation Arrangement violates the Basic Law"
A more important fact is: after the NPC Standing Committee set the definitive tone for the Colocation Arrangement, it has become a constitutional decision and legal arrangement at the national level, leaving no room for discussion or controversy. So right now, there is only one thing left for the SAR to do. That is to promptly carry out the NPC Standing Committee's decision in accordance with the law by completing local legislation as early as possible to ensure the opening of the express rail link in the third quarter of next year as scheduled.
It must be solemnly pointed out that local legislation [on the Colocation Arrangement], i.e. the third step in what the SAR Government calls the "Three-step Process", is not a step that may or may not be taken or may be taken slowly. Rather it must be taken quickly and in time. Snail walk is intolerable, let alone a step backward.
On this, the NPC Standing Committee's decision yesterday states: "Hong Kong SAR should legislate to ensure the implementation of the Cooperation Arrangement [on implementing for the Colocation Arrangement]." Here, "should legislate" and "to ensure the implementation" are specific requirements in black and white. Debate on the legislation at the Legislative Council (Legco) afterwards is not to "trace back from the beginning" let alone to "scrap it and start all over again", but must strictly follow the NPC Standing Committee's decision to complete the local legislation procedure, so as to ensure the express rail link will open as scheduled and the Mainland Port Area at the West Kowloon Station will be established as scheduled. (End)
28 December 2017
