Politics of the Hong Kong / Mainland border crossing

[Randy W]

It doesn't seem like this is really very much of an issue, but it goes to show how some Hong Kongers feel about allowing ANY Chinese law enforcement within their territory.

 

When crossing between Hong Kong and Shenzhen by subway, I get off the subway at the terminal station (Lo Wu or Lok Ma Chau) on one side, and go through the exiting immigrations check. You then walk a long causeway across the river, where you are processed for entry to the other side.

 

Success of rail link from Hong Kong to China mainland hinges on joint immigration checkpoint

A legal puzzle about how local and mainland officers will operate at the high-speed railway terminus has worrying implications for some

 

 

 

To outsiders familiar with cross-border travel this might seem a no-brainer that can be resolved by harmonising logistical arrangements that respect the sovereignty of each side.

For example, on the Eurostar, passengers go through both French and British passport controls before boarding the train at the station in Paris and get off in London with minimum fuss. Co-location of checkpoints is also done for air travel. The United States conducts pre-clearance at 15 foreign airports in six countries including Canada.

 

But as legal scholars here point out, the joint checkpoint at the West Kowloon terminus is not an issue to be resolved between two sovereign states.

 

They refer to the need to preserve the principles of "one country, two systems" in navigating the relationship between mainland China and Hong Kong.

 

Added to that, a nagging fear - as with many things that have become politicised in the city - is whether mainland officials exercising immigration controls and security checks will be breaching the Basic Law, Hong Kong's mini-constitution. The subtext of that fear: if they can wield immigration powers, who is to say the long-arm of Chinese powers will not venture elsewhere.

 

. . .

 

"Any arrangement cannot disregard Article 18 of the Basic Law, which is the foundation of 'one country, two systems' and safeguards the integrity of our legal system," Ng says.

 

Article 18 says "national laws shall not be applied in Hong Kong" except for those listed in Annex 3 of the mini-constitution. Legislation that can be added to Annex 3, now with 12 laws, is confined to defence, foreign affairs and "other matters outside the limits of the autonomy".

 

"If you add a national law to the Annex 3 for the sake of expediency, you are opening a floodgate. It is game over for Hong Kong," Ng warns.

 

. . .

 

Travellers between Shenzhen and Hong Kong get out of their vehicles in Shekou, Shenzhen, and go through the immigration counters of both sides, metres apart, inside the same building. Hong Kong is authorised to exercise jurisdiction over its own clearance zone, leased to it until 2047.

 

But Ng's counter is that the Shenzhen Bay facility is outside Hong Kong territory and so does not breach the "no mainland laws applied in Hong Kong" rule.

 

 

[Randy W]

Hong Kong Policy Address: Plans for ‘Northern Metropolis’ to house 2.5 million people in New Territories
"It is the most vibrant area where urban development and major population growth of Hong Kong in the next 20 years will take place," Carrie Lam said.

from the HK Free Press

Farmland in the North District. File Photo: GovHK.

Quote

 

The development will cover “mature new towns” including Tin Shui Wai, Yuen Long, Fanling and Sheung Shui, as well as areas in different stages of development such as Kwu Tung North, Hung Shui Kiu, San Tin, Lok Ma Chau and Man Kam To. The metropolis will cover a total area of around 300 square kilometres.

The government wants to integrate individual development projects in various areas in an “innovative and organic manner” in a bid to “upgrade the entire region in a metropolitan area,” Lam said. Such a strategy would help Hong Kong better respond to new opportunities brought about by its deepened cooperation with the neighbouring mainland Chinese city of Shenzhen.

“It is the most vibrant area where urban development and major population growth of Hong Kong in the next 20 years will take place,” Lam said.

Existing individual development projects within the Northern Metropolis area are estimated to provide 350,000 homes. The new proposal will create an additional 600 hectares of land for development. Government sources told HKFP on Wednesday that it may include Wetland Conservation Areas.

Lam estimated that when the Northern Metropolis is fully developed, a total of 905,000 to 926,000 residential units will be available to house around 2.5 million Hongkongers. The area is also expected to generate about 650,000 jobs, of which 150,000 will be IT-related.

 

 

Edited October 6, 2021 by Randy W (see edit history)