China's legal reach now extends to Hong Kong rail station - Action News
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China's legal reach now extends to Hong Kong rail station

Part of a Hong Kong high-speed railway station formally has come under Chinese jurisdiction, an unprecedented move that has raised concerns about the Chinese-ruled territory's promised autonomy.

Mainland authorities will conduct immigration checks in part of harbourfront West Kowloon station

The West Kowloon terminus, housing the new high-speed rail link connecting Hong Kong to the southern Chinese city of Guangzhou, will officially open on Sept. 23. (Isaac Lawrence/AFP/Getty Images)

Part of a Hong Kong high-speedrailway station formally came under Chinese jurisdiction onTuesday, an unprecedented move that has raised concerns aboutthe Chinese-ruled territory's promised autonomy.

Hong Kong was handed back from British to Chinese rule in1997 with constitutional guarantees it would continue to enjoyrights and freedoms not granted in mainland China, including anindependent legal system.

Chinese and Hong Kong officials argue the so-called"co-location" arrangement, including a joint immigrationcheckpoint, is necessary for passengers' convenience,shrinking rail travel times to mainland cities.

A worker walks past a line dividing Hong Kong, on the left, and the mainland Chinese control zone in the West Kowloon terminus of the high-speed rail to Guangzhou in Hong Kong on March 23. (Lama Leung/AFP/Getty Images)

But critics, including pro-democracy advocates and aninfluential association for lawyers, have denounced the move as themost retrograde since 1997, undermining confidence in the city'svaunted rule of law.

Hong Kong and mainland Chinese officials shook hands insidethe new station in West Kowloon district on Monday night to markthe new arrangement, which will mean that anyone who commits acrime in the "mainland port area" or onboard trains will besubject to mainland laws, that could include the death penaltyfor serious crimes.

In an unusual move, the media was not notified of the event.But Hong Kong's leader sought to assuage public concerns.

"There was no such thing as a sneaky opening," said HongKong chief executive Carrie Lam, who said her government wasstriving to be open and transparent about the project.

Immigration duties

Mainland authorities will conduct customs, immigration andquarantine duties in part of the station, while mainland PublicSecurity Bureau officers would be responsible for "managingpublic order," the Hong Kong government said in a booklet.

Hong Kong's Security Bureau gave no response to Reutersquestions on how many mainland staff would be deployed at thestation. Hong Kong's Ming Pao newspaper put the figure at 700,including 80 public security officers.

Lam said mainland authorities weren't authorized to enforcethe law outside the cross-boundary restricted area, and moststaff would return to mainland China every day after work,though a few might be required to work overnight shifts.

Tanya Chan, a pro-democracy lawmaker who leads a"co-location concern group," said Hong Kong had now lost legaloversight over one million square feet in the heart of the city.

"This arrangement is illegal and unconstitutional. This isthe darkest day for our judicial independence and the rule oflaw," Chan told reporters.

Several legal challenges, including a judicial reviewseeking to bar the project, are pending, despite the station'splanned public opening on Sept. 23.

Several other major cross-border infrastructure projects arealso expected to be finished this year, including a sea bridgelinking Hong Kong to Macau and southern China.