Barristers, Govt Lock Horns Over Checkpoint Plan

The Bar Association and the government have locked horns over the contentious West Kowloon joint checkpoint proposal, with the lawyers' group saying Legco has no authority to pass a law that violates Hong Kong's mini-constitution, and the government reiterating its stance that the draft bill is legal and proper.

The Legislative Council is scrutinising a bill that would lease out a large section of the West Kowloon terminus of the express rail to Guangzhou, and the association has argued in a submission that the legislature simply cannot pass such a law because Article 11 of the Basic Law stipulates that “no law enacted by the legislature of the Hong Kong Special Administrative Region shall contravene the Basic Law”.

It said therefore, the proposal to allow mainland officers to enforce national laws at the terminal for customs and immigration clearance has “no constitutional foundation”.

The government had argued that there was no infringement of the Basic Law as the SAR will be "leasing" a part of the station to the central government to run its immigration check point.

But the submission also said there are no provisions in the Basic Law to allow the Hong Kong government to “de-establish” a part of the HKSAR from its territorial and jurisdictional boundary.

At a bills committee meeting, Justice Secretary Teresa Cheng said she respects the association's views, but insisted that the proposed arrangement is in line with the Basic Law.

She said the government has also explained this to lawmakers and the public several times.

But Civic Party lawmaker Tanya Chan urged the government not to turn a blind eye to the association's submission, and called on authorities to retract the current proposal and come up with one that has a sound legal and constitutional basis.