New link: The Shenzhen Bay Bridge will be the fourth vehicular boundary crossing between Hong Kong and the Mainland.

A new law underpinning arrangements for Hong Kong's customs and immigration facilities to be co-located with those of the Mainland at the Shenzhen Bay Port in Shekou has been endorsed by lawmakers, offering a legal basis for setting up a Hong Kong Port Area inside Shenzhen.

The Shenzhen Bay Port Hong Kong Port Area Ordinance provides for, among other things, the application of the laws of Hong Kong to the Hong Kong Port Area and the court's jurisdiction in this connection.

Effective enforcement

The ordinance also extends the territorial limits of certain pre-existing rights and obligations arising from the exercise or performance of statutory powers to include the port area. This is to ensure effective law enforcement and continuity of certain essential services in the port area.

Hence, a pre-existing warrant of arrest can be enforced in the port area, a qualified doctor or other recognised professionals will be qualified to carry out duties in the port area, and a driving licence issued by the Transport Department will cover the port area.

After the ordinance is gazetted this Friday, the Security Bureau will proceed with the introduction of necessary subsidiary legislation to support the operation of the port area, for example, granting a general permission under the Public Order Ordinance to allow people of certain categories such as cross-boundary drivers and passengers to enter or leave the port area, which will be a closed area.

Contracts untouched

The ordinance will leave pre-existing private contracts untouched. However, all the insurance companies that offer motor vehicle third party risks insurance and employees' compensation insurance, the two classes of mandatory insurance relevant to the operation of the port area, have indicated their willingness to participate in a market agreement.

The market agreement means that policyholders will be conferred the benefits of having the protection under their existing insurance policies extended to include the port area at no extra premium.

The new control point at the Shenzhen Bay Port, which is to be linked to Ngau Hom Shek in the Northwest New Territories through the Shenzhen Bay Bridge, also known as the Hong Kong-Shenzhen Western Corridor, will be the fourth vehicular boundary crossing between Hong Kong and the Mainland. Hong Kong and Shenzhen are making the best efforts to commission the Shenzhen Bay Port within this year.