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Decision of the Standing Committee of the National People's Congress to Ratify the Cooperative Arrangements between the Mainland and the Hong Kong Special Administrative Region on Establishing a Port at the West Kowloon Station of the Guangdong-Shenzhen-Hong Kong High-Speed Railway to Implement “Two Inspections at One Place”
[Effective]
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全国人大常委会关于批准《内地与香港特别行政区关于在广深港高铁西九龙站设立口岸实施“一地两检”的合作安排》的决定
[现行有效]
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| Decision of the Standing Committee of the National People's Congress to Ratify the Cooperative Arrangements between the Mainland and the Hong Kong Special Administrative Region on Establishing a Port at the West Kowloon Station of the Guangdong-Shenzhen-Hong Kong High-Speed Railway to Implement “Two Inspections at One Place” | | 全国人民代表大会常务委员会关于批准《内地与香港特别行政区关于在广深港高铁西九龙站设立口岸实施“一地两检”的合作安排》的决定 |
| (Adopted at the 31st Session of the Standing Committee of the Twelfth National People's Congress on December 27, 2017) | | （2017年12月27日第十二届全国人民代表大会常务委员会第三十一次会议通过） |
| The proposal of the State Council for the deliberation of the Decision to Ratify the Cooperative Arrangements between the Mainland and the Hong Kong Special Administrative Region on Establishing a Port at the West Kowloon Station of the Guangdong-Shenzhen-Hong Kong High-Speed Railway to Implement “Two Inspections at One Place” (Draft) has been deliberated at the 31st Session of the Standing Committee of the Twelfth National People's Congress. During deliberation, the Standing Committee of the National People's Congress fully considered the opinions of the Hong Kong Special Administrative Region and all the relevant parties in the Mainland on the establishment of a connecting port at the Guangzhou-Shenzhen-Hong Kong high-speed railway and the modes of customs clearance and inspection. | | 第十二届全国人民代表大会常务委员会第三十一次会议审议了国务院关于提请审议《关于批准〈内地与香港特别行政区关于在广深港高铁西九龙站设立口岸实施“一地两检”的合作安排〉的决定（草案）》的议案。全国人民代表大会常务委员会在审议中充分考虑了香港特别行政区和内地各有关方面对广深港高铁连接口岸设置及通关查验模式的意见。 |
| As held in the session, constructing the Guangzhou-Shenzhen-Hong Kong high-speed railway to achieve interconnection between the Hong Kong Special Administrative Region and the national high-speed railway network is conducive to promoting the movement of people and economic and trade activities between the Hong Kong Special Administrative Region and the Mainland, conducive to furthering the mutual benefit and cooperation between the Hong Kong Special Administrative Region and the Mainland, and conducive to better integrating the Hong Kong Special Administrative Region into the overall development of the country, and is of great significance in maintaining the long-term prosperity and stability of the Hong Kong Special Administrative Region. For the purposes of maximizing the advantages of high-speed railway for its high-speed and efficiency, fully bringing expedite and convenient services to the vast passengers, and guaranteeing the transport, economic and social benefits of the Hong Kong section of the Guangzhou-Shenzhen-Hong Kong high-speed railway, it is necessary to implement “two inspections at one place” at the West Kowloon station in the Hong Kong Special Administrative Region of the Guangzhou-Shenzhen-Hong Kong high-speed railway (hereinafter referred to as the “West Kowloon station”) by establishing a Mainland port area exclusively for the customs clearance and inspection of high-speed railway passengers and their personal effects and baggage. | | 会议认为，建设广深港高铁并实现香港特别行政区与全国高铁网络的互联互通，有利于促进香港特别行政区与内地之间的人员往来和经贸活动，有利于深化香港特别行政区与内地的互利合作，有利于香港特别行政区更好地融入国家发展大局，对保持香港特别行政区长期繁荣稳定具有重要意义。为充分发挥高铁高速高效优势，使广大乘客充分享受快捷便利的服务，确保广深港高铁香港段的运输、经济和社会效益，在广深港高铁香港特别行政区西九龙站（以下简称西九龙站）实施“一地两检”，设立内地口岸区，专门用于高铁乘客及其随身物品和行李的通关查验，是必要的。 |
As held in the session, the Cooperative Arrangements conform to the principle of “one country, two systems,” the Constitution, and the Basic Law of the Hong Kong Special Administrative Region. In accordance with the Constitution, the Basic Law of the Hong Kong Special Administrative Region empowers the Hong Kong Special Administrative Region to exercise a high degree of autonomy, including implementing separate immigration management rules. The consultations between the Government of the Hong Kong Special Administrative Region and the relevant parties in the Mainland and the appropriate arrangements made regarding the establishment of a port at the West Kowloon station and the implementation of “two inspections at one place” are the embodiment of the exercise of the high degree of autonomy by the Hong Kong Special Administrative Region in accordance with the law. The establishment of a Mainland port area at the West Kowloon station does not change the scope of the administrative division of the Hong Kong Special Administrative Region, does not affect the high degree of autonomy enjoyed by the Hong Kong Special Administrative Region in accordance with the law, and does not derogate the rights and freedom enjoyed by residents of the Hong Kong Special Administrative Region in accordance with the law. As required for implementing “two inspections at one place” at the West Kowloon station, it is appropriate for the Cooperative Arrangements to provide for the division of jurisdiction (including judicial jurisdiction) of the Mainland and Hong Kong Special Administrative Region and the applicable law and specify that the Mainland port area of West Kowloon station is deemed located in the Mainland. The Mainland's institutions stationed in the Mainland port area of West Kowloon station perform their functions in accordance with the laws of the Mainland, which is strictly limited to the Mainland port area, different from the implementation of national laws in the entire Hong Kong Special Administrative Region under Article 18 of the Basic Law of the Hong Kong Special Administrative Region. The acquisition, term, and cost of the right to use the site of the Mainland port area at the West Kowloon station are as agreed on in the contracts between the Government of the Hong Kong Special Administrative Region and the relevant institutions in the Mainland and in compliance with the provision of Article 7 of the Basic Law of the Hong Kong Special Administrative Region regarding the ownership of land in the Hong Kong Special Administrative Region and land use management. The implementation of “two inspections at one place” at the West Kowloon station complies with the provisions of the Basic Law of the Hong Kong Special Administrative Region that require the Government of the Hong Kong Special Administrative Region to develop appropriate policies to promote and coordinate the development of various industries and provide appropriate economic and legal environments to promote economic development, among others, and complies with the “one country, two systems” policy and the fundamental purpose of the Basic Law of the Hong Kong Special Administrative Region.
．．．．．． | | 会议认为，《合作安排》符合“一国两制”方针，符合宪法和香港特别行政区基本法。根据宪法，香港特别行政区基本法授权香港特别行政区实行高度自治，包括实行单独的出入境管理制度等。香港特别行政区政府与内地有关方面就在西九龙站设立口岸并实施“一地两检”的相关问题协商作出适当安排，是香港特别行政区依法行使高度自治权的具体体现。在西九龙站设立内地口岸区，不改变香港特别行政区行政区域范围，不影响香港特别行政区依法享有的高度自治权，不减损香港特别行政区居民依法享有的权利和自由。出于在西九龙站实施“一地两检”的需要，《合作安排》对内地和香港特别行政区管辖权（包括司法管辖权）划分和法律适用作出规定，并明确西九龙站内地口岸区视为处于内地，是适当的。内地派驻西九龙站内地口岸区的机构依照内地法律履行职责，其范围严格限制在内地口岸区之内，不同于香港特别行政区基本法第十八条规定的将全国性法律在整个香港特别行政区实施的情况。西九龙站内地口岸区场地使用权的取得、期限和费用由香港特别行政区政府与内地有关机构签订合同作出规定，符合香港特别行政区基本法第七条关于香港特别行政区土地所有权和使用管理的规定。在西九龙站实施“一地两检”，符合香港特别行政区基本法关于香港特别行政区政府应当制定适当政策促进和协调各行业发展、提供适当的经济和法律环境促进经济发展等规定，符合“一国两制”方针和香港特别行政区基本法的根本宗旨。
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