Gazettal of Guangzhou-Shenzhen-Hong Kong Express Rail Link (Co-location) Bill
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The Bill gazetted today will be introduced into the Legislative Council (LegCo) for First Reading next Wednesday (January 31). The local legislative process is the last step of the "Three-step Process" for implementing co-location arrangement.
Following the announcement of the proposed "Three-step Process" by the Government of the Hong Kong Special Administrative Region (HKSAR) on July 25, 2017, the community of Hong Kong has conducted widespread discussions on the issue of co-location arrangement. After several months of deliberations and discussions among different sectors of society, LegCo passed a motion on November 15, 2017 supporting the HKSAR Government in taking forward the follow-up tasks of the co-location arrangement at the WKS of the XRL.
The HKSAR Government subsequently signed the Co-operation Arrangement between the Mainland and the Hong Kong Special Administrative Region on the Establishment of the Port at the West Kowloon Station of the Guangzhou-Shenzhen-Hong Kong Express Rail Link for Implementing Co-location Arrangement (Co-operation Arrangement) with the Mainland on November 18, 2017, thereby formally commencing the "Three-step Process".
On December 27, 2017, the Standing Committee of the National People's Congress (NPCSC) made a decision (Decision) approving the Co-operation Arrangement and confirming that the Co-operation Arrangement is consistent with the Constitution of the People's Republic of China and the Basic Law of the Hong Kong Special Administrative Region. The Decision also stated that the HKSAR should enact legislation to ensure the implementation of the Co-operation Arrangement.
A Government spokesman said, "The HKSAR Government has drafted the Bill pursuant to the NPCSC's Decision and the approved Co-operation Arrangement, and will introduce the Bill into LegCo next Wednesday with a view to securing its early passage in order to implement co-location arrangement upon commissioning of the Hong Kong Section of the XRL in the third quarter this year.
"The co-location arrangement, by its nature, is a facilitation measure for cross-boundary transport and a livelihood issue, and its objective is to fully unleash the benefits of the XRL and maximise convenience to passengers. The HKSAR Government hopes that LegCo Members will scrutinise the Bill in a pragmatic and rational manner."
The Bill declares a designated area situated on B2, B3 and B4 levels of the WKS as the WKS Mainland Port Area, and provides that a train compartment of a passenger train in operation on the Hong Kong Section of the XRL is to be regarded as part of the WKS Mainland Port Area.
To clearly specify the application of laws and delineation of jurisdiction in the Mainland Port Area, the Bill defines the concepts of reserved matter and non-reserved matter. A reserved matter is a matter to which the laws of Hong Kong apply, and over which Hong Kong exercises jurisdiction, under Article 3 or 7 of the Co-operation Arrangement; and a non-reserved matter is a matter to which the laws of the Mainland apply, and over which the Mainland exercises jurisdiction, under Article 4 of the Co-operation Arrangement.
The Bill provides that except for reserved matters, the Mainland Port Area is to be regarded as an area lying outside Hong Kong but lying within the Mainland for the purpose of the application of the laws of the Mainland, and of the laws of Hong Kong, in the Mainland Port Area; and for the purpose of the delineation of jurisdiction (including jurisdiction of the courts) over the Mainland Port Area. Furthermore, the Bill also makes supplementary provisions for certain rights and obligations and related matters and for the interpretation of certain documents in relation to rights and obligations.
Construction works of the Hong Kong Section of the XRL which started in 2010 are roughly 98.6 per cent complete as at end 2017. The project is expected to commission in the third quarter this year. It will connect Hong Kong to the expanding national high-speed rail network and greatly shorten travelling time from Hong Kong to major Mainland cities by rail, thereby providing convenient access to various destinations across the country.
Ends/Friday, January 26, 2018
Issued at HKT 9:00
Issued at HKT 9:00
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