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Elsie Leung says precedent allows for mainland China border checkpoint in Hong Kong rail terminus

Elsie Leung says there is no need for controversy over immigration controls

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Elsie Leung (left) points to the example of the Shekou checkpoint on the Hong Kong-Shenzhen Western Corridor, where a joint immigration checkpoint operates on mainland soil. Photo: SCMP

Hong Kong can allow a mainland immigration checkpoint at the high-speed rail terminus in West Kowloon by following an established precedent, an expert on the city's mini-constitution said.

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Elsie Leung Oi-sie, vice-chairwoman of the Basic Law Committee, pointed to the example of the Shekou checkpoint on the Hong Kong-Shenzhen Western Corridor, where a joint immigration checkpoint operates on mainland soil.

She was speaking after lawmaker Michael Tien Puk-sun warned that Hongkongers travelling on the future high-speed link to Shenzhen and Guangzhou may have to disembark for immigration checks. Tien, also a deputy to the National People's Congress, had suggested amending an annex of the Basic Law to prevent any legal challenge to the creation of a mainland border control point in the heart of Kowloon.

Leung said the creation of the Shekou checkpoint had been facilitated by a ruling of the NPC Standing Committee in 2006, allowing Hong Kong to exercise jurisdiction over its part of the site.

"It's a matter of subjective judgment whether the controversy is a major or minor one," Leung said. "I believe there would be a way out if the matter is related to the well-being of people of on both sides."

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But transport minister Professor Anthony Cheung Bing-leung declined to comment on reports the Hong Kong government was considering attempting to resolve the question by asking the Standing Committee to add a national law to Annex III of the Basic Law.

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