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Mainland Rules in West Kowloon terminus

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  1. #31
    China Law only apply once the person has left HK Immigration and entered China immigration in the same building. Basically it has no difference from person passing the Lo Wu border. The only difference is the station is located in Kowloon side.

    By the way, why should one be so concern if he/she has not committed any wrong doing or not a criminal at all. If you really worry, then simple answer is not going to China. Period.

  2. #32

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    Quote Originally Posted by atschang:
    China Law only apply once the person has left HK Immigration and entered China immigration in the same building. Basically it has no difference from person passing the Lo Wu border. The only difference is the station is located in Kowloon side.

    By the way, why should one be so concern if he/she has not committed any wrong doing or not a criminal at all. If you really worry, then simple answer is not going to China. Period.
    If someone falsely accuses you of a crime on the platform, are you going to be happy being subject to Chinese criminal law and due process even though you are physically located in Hong Kong?

    The difference between legal standards in HK and China is quite vast, not really similar to France and the UK at the Eurotunnel border for example.
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  3. #33

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    Quote Originally Posted by merchantms:
    If someone falsely accuses you of a crime on the platform, are you going to be happy being subject to Chinese criminal law and due process even though you are physically located in Hong Kong?

    The difference between legal standards in HK and China is quite vast, not really similar to France and the UK at the Eurotunnel border for example.
    Yes but the ONLY REASON TO BE THERE is because you are going to China. So you have ALREADY accepted the risk of false crimes or whatever. Does it really make that much difference that it happens a few minutes earlier on HK soil? This does not affect anyone who is NOT GOING TO CHINA. Protesters in HK or journalists or whatever or even booksellers just don't have to go into the station!
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  4. #34

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    Quote Originally Posted by HK_Katherine:
    Yes but the ONLY REASON TO BE THERE is because you are going to China. So you have ALREADY accepted the risk of false crimes or whatever. Does it really make that much difference that it happens a few minutes earlier on HK soil? This does not affect anyone who is NOT GOING TO CHINA. Protesters in HK or journalists or whatever or even booksellers just don't have to go into the station!
    If someone claims I assaulted them because I got into line ahead of them boarding a Cathay flight to Beijing from HKIA, trust me I am not going to be OK with Chinese police handling the case. It doesn't matter that I am headed to China or not. I am in HONG KONG so I should be under local law.

    This is a first step I promise you, China is not just interested in its armed police roaming the halls of this train station. This is a testing ground.

  5. #35

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    There are a couple of areas that give concern

    1) The tactic the executive branch have used to make the proposal fait accompli. Pan-dems in LegCo have been asking since 2009 what would be the best way to do this. A functioning LegCo should vet new laws (it will need a new law) to make sure they are good for Hong Kong.

    2) With the current proposal the 'Interpretation' of the basic will be required. Precedents have been set showing 'interpretations' are more far reaching than the need to be. What additional powers will be gifted to the CCP in this process that can not be questioned.

    There were options available such as contracting out the immigration service in a similar way the US does with Canada. You go through US immigration but your still in Canada.

    The other point that won't be resolved will certainly be the land, premiums, construction costs and ongoing lease terms for this huge piece of real estate in a prime location. Again HK's will borrow money for the SAR government to give it to the PRC.


  6. #36

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    Some great points by Martin Lee:

    Lee, who helped draft the mini constitution in the late 1980s, said “the article is being used in a very strange way indeed so that Hong Kong can surrender certain areas in Hong Kong in which the laws of Hong Kong will not be applied. But all the national laws of [mainland China] will then be applied to that particular area”.

    “So, in other words, all Hong Kong citizens in that particular area will lose the protection of the Basic Law. So all their freedoms are no longer guaranteed under the Basic Law, but subject to all the laws of China”, Lee said.

    “In future, if we have another Occupy Central say in two years’ time, what is there to stop the central government from asking the Hong Kong government to rent that particular area which is under occupation by the citizens of Hong Kong, say for one week”, he asked.

    “During that week, all the laws of China will be applied to that particular area and all the people of Hong Kong protesting there will be subject to prosecution under Chinese national laws. We know that some of those laws, the maximum penalty is the death penalty", Lee warned.
    Basic Law protections could be lost: Martin Lee - RTHK

  7. #37

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    I wonder are they going to built a shopping mall and a resident building on top of the station like they do everywhere? If so which laws apply there?


  8. #38

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    What difference is it really going to make?
    Unless you have a big mouth nothing will happen.

    What is the alternative? Like in GZ when there is the Chinese Immigration?


  9. #39

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    Quote Originally Posted by Kus Kus:
    Like in GZ when there is the Chinese Immigration?
    thats perfect in my mind.

  10. #40

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    Quote Originally Posted by dumbdonkey:
    thats perfect in my mind.
    That would be unfeasible. They would need a separate checkpoint at every station in China which can be accessed by the highspeed train. Futian, Shenzhen North, Dongguan, Guangzhou etc.

    The issue is not that we will get a joint-check point, that is obviously the only logically solution. The issue is that the basic law explicitly prohibits such an arrangement. Shenzhen Bay or the Calais Tunnel etc all work, because the host country doesn't have a law prohibiting such a solution.
    East_coast likes this.

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