Tag Archives: China

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Government Statement in respect of the jurisdiction of the Eastern Artificial Island of the Hong Kong-Zhuhai-Macao Bridge

     In response to the media enquiries concerning the jurisdiction of the Eastern Artificial Island of the Hong Kong-Zhuhai-Macao Bridge (HZMB), a government spokesman made the following statement today (December 17):
 
     The HZMB is a national-level cross-boundary infrastructure connecting Hong Kong, Zhuhai and Macao. The 55km-HZMB comprises three parts, namely: (i) the Hong Kong Link Road and Hong Kong Port situated in Hong Kong; (ii) the Main Bridge; Zhuhai Link Road and Zhuhai Port situated in Zhuhai; and (iii) the Macao Port situated in Macao. 
 
     The HZMB commenced operation on October 24, 2018. The construction and commissioning of HZMB changes neither the boundary and area of the Hong Kong Special Administrative Region (HKSAR) as promulgated in the Order of the State Council of the People’s Republic of China No.221 nor the delineation of jurisdiction at the HZMB between Hong Kong and the Mainland.
 
     Under the Inter-Governmental Agreement in respect of the Construction, Operation, Maintenance and Management of the HZMB (the Inter-Governmental Agreement) signed by governments of the HKSAR, the Guangdong Province and the Macao Special Administrative Region (Macao SAR) in 2010, Clause 2 affirms the “Territoriality Principle”, under which the three governments have the responsibility to take enforcement actions and exercise jurisdiction within their own territory in accordance with the respective local laws. Such arrangement can ensure that no legal vacuum would arise in any area on the HZMB as well as assure the security and driving safety of this national-level cross-boundary infrastructure.
 
     According to the “Territoriality Principle”, the operation and law enforcement of the Hong Kong Link Road and the Hong Kong Port situated in Hong Kong are carried out by the HKSAR Government in accordance with the laws of Hong Kong; the operation and law enforcement of the Main Bridge situated in Zhuhai are carried out by the Mainland authorities in accordance with the Mainland law; and those of the Macao Port situated in Macao are carried out by the Macao SAR Government in accordance with the Macao law.
 
     According to the abovementioned principle, if any arriving visitor or vehicle conducts any illegal acts on the Hong Kong section of HZMB, the law enforcement agencies of Hong Kong can take enforcement actions although the visitor/vehicle concerned has not yet completed arrival clearance at the Hong Kong Port. There is thus no problem of legal vacuum or lack of enforcement power anywhere on the HZMB.
 
     As we understand, in response to the celebration of 20th anniversary of Macao’s return to the Motherland and the visit of national leader to Macao, the Mainland authorities have decided to step up the security risks management of HZMB. On December 9, the Zhuhai Municipal Public Security Bureau announced on the website of Guangdong Provincial Public Security Department that the Zhuhai’s authorities would set up security checkpoint at the Eastern Artificial Island of HMZB from December 10 to 22. The area concerned is squarely situated in Zhuhai and belongs to the Mainland jurisdiction. The HKSAR Government should not and would not intervene in the exercise of enforcement power by Mainland authorities in accordance with the Mainland jurisdiction. By the same token, the governments of Mainland and Macao would not intervene the exercise of enforcement power by the HKSAR Government in accordance with HKSAR’s jurisdiction.
 
     The abovementioned arrangement does not contradict the “separate locations” mode of clearance arrangement prescribed in Clause 18 of the Inter-Governmental Agreement, under which the three governments have to set up their own boundary control facilities and conduct arrival and departure clearance for all passengers, vehicles and goods in accordance with the respective local laws. The set-up of security checkpoint at the Eastern Artificial Island is a temporary measure and is not intended for replacing the existing control points. Passengers who have completed the security check at the checkpoint can proceed with their journey and are subject to immigration and customs clearance upon arriving at respective control points via HZMB. 
 
     The “Territoriality Principle” set out in the Inter-Governmental Agreement and the respective enforcement arrangements are detailed in the Administration’s paper for Legislative Council (LegCo) Panel on Transport (LC Paper No. CB(4)1072/17-18(03)). The paper was discussed in detail at the meeting of the LegCo Panel on Transport on May 18, 2018 and was uploaded to the LegCo’s website for public access. read more

LegCo to debate motions on protest occurred outside Legislative Council on June 12, 2019

The following is issued on behalf of the Legislative Council Secretariat:
 
     The Legislative Council (LegCo) will hold a meeting tomorrow (December 18) at 11am in the Chamber of the LegCo Complex. During the meeting, Mr Andrew Wan, Mr Jeremy Tam and Dr Kwok Ka-ki will move three separate motions under Article 73(5) and (10) of the Basic Law and the Legislative Council (Powers and Privileges) Ordinance, in relation to the protest occurred outside the Legislative Council on June 12, 2019. The motions are set out in Appendices 1-3 respectively.
 
     Mr Lam Cheuk-ting and Ms Claudia Mo will move two separate motions under the Legislative Council (Powers and Privileges) Ordinance, in relation to the incident of assaults occurred in Yuen Long Station of West Rail Line of the MTR Corporation Limited on July 21, 2019. The motions are set out in Appendices 4 and 5 respectively.
 
     Mr Alvin Yeung, Dr Kwok Ka-ki and Mr Kwong Chun-yu will move three separate motions under Article 73(5) and (10) of the Basic Law and the Legislative Council (Powers and Privileges) Ordinance, in relation to the incident of assaults occurred in Prince Edward Station of the MTR Corporation Limited on August 31, 2019. The motions are set out in Appendices 6-8 respectively.
 
     Ms Tanya Chan, Dr Kwok Ka-ki, Dr Fernando Cheung and Mr Kenneth Leung will move seven separate motions under Article 73(5) and (10) of the Basic Law and the Legislative Council (Powers and Privileges) Ordinance, in relation to the Police’s handling of protesters and persons performing duties in the protests during the “anti-extradition to China” movement. The motions are set out in Appendices 9-15 respectively.
 
     Mr Chung Kwok-pan and Dr Priscilla Leung will also move two separate motions under the Legislative Council (Powers and Privileges) Ordinance, in relation to the causes and consequences of the social conflicts or disturbances arising from the amendments to the Fugitive Offenders Ordinance and related matters. The motions are set out in Appendices 16 and 17 respectively. Mr James To will move an amendment to Dr Priscilla Leung’s motion.
 
     Meanwhile, Mr Dennis Kwok will move a motion on no confidence in the Fifth Term Government of the Hong Kong Special Administrative Region as set out in Appendix 18. Ms Claudia Mo will move an amendment to Mr Dennis Kwok’s motion.
 
     Mr Ho Kai-ming will move a motion on ensuring children’s right to play for them to grow up happily. The motion is set out in Appendix 19. Mr Ip Kin-yuen, Dr Kwok Ka-ki, Dr Fernando Cheung, Dr Chiang Lai-wan and Mr Hui Chi-fung will move separate amendments to Mr Ho Kai-ming’s motion.
 
     On Government Bill, the Inland Revenue (Amendment) (Profits Tax Concessions for Insurance-related Businesses) Bill 2019 will be introduced into the Council for the First Reading and the Second Reading. The Second Reading debate on the Bill will be adjourned.
 
     During the meeting, Members will also ask the Government 22 questions on various policy areas, six of which require oral replies.
 
     The agenda of the above meeting can be obtained via the LegCo Website (http://www.legco.gov.hk). Please note that the agenda is subject to change, and the latest information about the agenda could be found on the LegCo Website.
 
     Members of the public are welcome to observe the proceedings of the meeting from the public galleries of the Chamber of the LegCo Complex. They may reserve seats by calling 3919 3399 during office hours. Members of the public can also watch or listen to the meeting via the Webcast system on the LegCo Website. read more