The National People's Congress Standing Committee's decision on the implementation of the Guangzhou-Shenzhen-Hong Kong Express Rail Link co-location arrangement has been made pursuant to the national constitution and related procedures.
The Hong Kong Special Administrative Region Government issued the statement today in response to views expressed on the decision.
It said under "one country, two systems" the HKSAR enjoys a high degree of autonomy in accordance with the Basic Law, but it must also respect the constitution as well as the status and powers of the NPCSC, adding the NPC is the highest organ of state power, whereas the NPCSC is the NPC's permanent body.
The HKSAR Government said the entire process leading to the adoption of the NPCSC's decision is fully consistent with the state's constitutional process.
The decision has been made entirely pursuant to the constitution and related procedures, it said, adding it has legal effect and is not a mere executive decision as suggested by some.
"Nor is it a case of 'just because someone says so', not to mention a case of 'rule of man' or a retrograde step in the implementation of the Basic Law," the statement added.
Noting different views about the legal reasoning behind the decision are understandable, the statement said this does not mean the decision has no legal basis.
It said the situation of the co-location arrangement is clearly different from what is prescribed under Basic Law Article 18 as the application of national laws is only confined to the Mainland Port Area in the XRL's West Kowloon Station rather than the entire HKSAR.
Article 18 is not applicable as the Mainland Port Area will be regarded as "being situated in the Mainland", it added.
The HKSAR Government said the co-location arrangement is a matter that must be dealt with in light of the developments in the communication and transportation systems, adding in the course of the local legislative process, Legislative Councillors and different sectors can discuss the issue and it is ultimately up to them to decide whether to enact local legislation on the case.
It urged citizens to consider the co-location arrangement in an objective, pragmatic and all-rounded manner.
