Govt Gazettes Joint Checkpoint Legislation

The legislation that allows mainland officers to operate at the upcoming express rail terminus in West Kowloon has been gazetted, officially becoming a law of Hong Kong.

But its effective date will be announced by the transport secretary later.

The legislation was passed by the Legislative Council amid scenes of chaos and strong opposition from pro-democracy legislators last week, who claimed it is unconstitutional.

When the rail service starts in September, mainland authorities will have control of a large part of the terminus, including some platforms, train carriages and the mainland immigration points.

A number of opponents of the bill are planning to file legal challenges against the legislation. Two applications for judicial reviews were submitted on Thursday.

But some Beijing scholars and pro-Beijing media argue that Hong Kong courts do not have the authority to deal with the issue. They say the decision was made by National People's Congress Standing Committee (NPCSC) and it is the highest legal authority in the country.

Former lawmaker Leung Kwok-hung, who on Thursday submitted an application for a judicial review, said he is not concerned that these legal challenges will trigger an interpretation of the Basic Law by Beijing.

He said it is up to the members of the NPCSC to decide if they want to do more damage to the judiciary of Hong Kong. "I cannot control them, they control themselves," he said.

On Friday, Neo-Democrats member Jeff Ku filed an application asking the courts to look into the matter. He argued that the Basic Law doesn't give power to the SAR government to cede areas of the territory to the mainland.

Hong Kong's sole member of the NPC Standing Committee, Tam Yiu-chung said he doesn't think an interpretation is necessary, being as the body has already ruled that there is no problem with the rail terminus arrangements.

As for the merits of a judicial review, he said that would be up to Hong Kong courts to decide.

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