SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - CHAPTER 591 SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - LONG TITLE Long title VerDate:01/07/2007 An Ordinance to declare an area in the Shenzhen Bay Port in the Mainland as the Shenzhen Bay Port Hong Kong Port Area; to apply the laws of Hong Kong in the Shenzhen Bay Port Hong Kong Port Area and to provide for the court’s jurisdiction in this connection; to extend the territorial limit of certain rights and obligations to include the Shenzhen Bay Port Hong Kong Port Area; to assist in the construction of certain documents made subsequent to the declaration of the Shenzhen Bay Port Hong Kong Port Area; and to provide for related purposes. [Sections 1 and 15 } 27 April 2007 The Ordinance other than sections 1 and 15 } 1 July 2007] L.N. 138 of 2007 (Originally 4 of 2007) Preamble WHEREAS— (1) at the 24th Meeting of the Standing Committee of the Tenth National People’s Congress, it was considered necessary to set up a Hong Kong Port Area at the Shenzhen Bay Port especially for customs clearance and inspection of people, vehicles and goods in order to alleviate the mounting pressure on land control points arising from increasing interactions between the Mainland and the Hong Kong Special Administrative Region (“HKSAR”), to accommodate the objective demand for transport and for facilitation of customs clearance between Shenzhen and HKSAR, to promote the interflow of people and economic and trade activities between the Mainland and HKSAR and to advance joint economic development of the 2 places; (2) on the basis of the consideration mentioned in paragraph (1), the Standing Committee of the Tenth National People’s Congress at its 24th Meeting decided on 31 October 2006 as follows— (a) HKSAR is authorized to exercise jurisdiction over the Hong Kong Port Area at the Shenzhen Bay Port according to the laws of HKSAR from the day on which the Shenzhen Bay Port commences operation, and HKSAR is to administer the Hong Kong Port Area at the Shenzhen Bay Port as a closed area; (b) the area of the Hong Kong Port Area at the Shenzhen Bay Port will be stipulated by the State Council; and (c) the land use period of the Hong Kong Port Area at the Shenzhen Bay Port will be determined by the State Council according to the provisions of the relevant laws; and (3) by the “Official Reply of the State Council Concerning the Area of the Hong Kong Port Area at the Shenzhen Bay Port over which the Hong Kong Special Administrative Region is Authorized to Exercise Jurisdiction and the Land Use Period” dated 30 December 2006 (Letter No. 132 [2006] of the State Council), the State Council— (a) stipulated the area of the Hong Kong Port Area at the Shenzhen Bay Port (“the Stipulated Area”); and (b) determined that the land use right of the Stipulated Area be acquired by HKSAR by way of a lease under a lease contract for State-owned land signed between HKSAR Government and the People’s Government of the Shenzhen Municipality of Guangdong Province, that the land use period shall commence on the day on which the Shenzhen Bay Port commences operation and shall expire on 30 June 2047, and that with the State Council’s approval of a submission made after the parties’ mutual consultation and submitted in accordance with the relevant procedures, the land use right may be terminated earlier or the lease may be renewed after its expiry: NOW, THEREFORE, it is enacted by the Legislative Council as follows— SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - LONG TITLE Long title VerDate: An Ordinance to declare an area in the Shenzhen Bay Port in the Mainland as the Shenzhen Bay Port Hong Kong Port Area; to apply the laws of Hong Kong in the Shenzhen Bay Port Hong Kong Port Area and to provide for the court’s jurisdiction in this connection; to extend the territorial limit of certain rights and obligations to include the Shenzhen Bay Port Hong Kong Port Area; to assist in the construction of certain documents made subsequent to the declaration of the Shenzhen Bay Port Hong Kong Port Area; and to provide for related purposes. [Sections 1 and 15 } 27 April 2007] (Originally 4 of 2007) Preamble WHEREAS— (1) at the 24th Meeting of the Standing Committee of the Tenth National People’s Congress, it was considered necessary to set up a Hong Kong Port Area at the Shenzhen Bay Port especially for customs clearance and inspection of people, vehicles and goods in order to alleviate the mounting pressure on land control points arising from increasing interactions between the Mainland and the Hong Kong Special Administrative Region (“HKSAR”), to accommodate the objective demand for transport and for facilitation of customs clearance between Shenzhen and HKSAR, to promote the interflow of people and economic and trade activities between the Mainland and HKSAR and to advance joint economic development of the 2 places; (2) on the basis of the consideration mentioned in paragraph (1), the Standing Committee of the Tenth National People’s Congress at its 24th Meeting decided on 31 October 2006 as follows— (a) HKSAR is authorized to exercise jurisdiction over the Hong Kong Port Area at the Shenzhen Bay Port according to the laws of HKSAR from the day on which the Shenzhen Bay Port commences operation, and HKSAR is to administer the Hong Kong Port Area at the Shenzhen Bay Port as a closed area; (b) the area of the Hong Kong Port Area at the Shenzhen Bay Port will be stipulated by the State Council; and (c) the land use period of the Hong Kong Port Area at the Shenzhen Bay Port will be determined by the State Council according to the provisions of the relevant laws; and (3) by the “Official Reply of the State Council Concerning the Area of the Hong Kong Port Area at the Shenzhen Bay Port over which the Hong Kong Special Administrative Region is Authorized to Exercise Jurisdiction and the Land Use Period” dated 30 December 2006 (Letter No. 132 [2006] of the State Council), the State Council— (a) stipulated the area of the Hong Kong Port Area at the Shenzhen Bay Port (“the Stipulated Area”); and (b) determined that the land use right of the Stipulated Area be acquired by HKSAR by way of a lease under a lease contract for State-owned land signed between HKSAR Government and the People’s Government of the Shenzhen Municipality of Guangdong Province, that the land use period shall commence on the day on which the Shenzhen Bay Port commences operation and shall expire on 30 June 2047, and that with the State Council’s approval of a submission made after the parties’ mutual consultation and submitted in accordance with the relevant procedures, the land use right may be terminated earlier or the lease may be renewed after its expiry: NOW, THEREFORE, it is enacted by the Legislative Council as follows— SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 1 Short title and commencement VerDate:27/04/2007 PART 1 PRELIMINARY (1) This Ordinance may be cited as the Shenzhen Bay Port Hong Kong Port Area Ordinance. (2) This Ordinance, other than this section and section 15, shall come into operation on a day to be appointed by the Secretary for Security by notice published in the Gazette. (3) (Omitted as spent) SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 1 Short title and commencement VerDate: PART 1 PRELIMINARY (1) This Ordinance may be cited as the Shenzhen Bay Port Hong Kong Port Area Ordinance. (2) This Ordinance, other than this section and section 15, shall come into operation on a day to be appointed by the Secretary for Security by notice published in the Gazette. (3) This section and section 15 shall come into operation on the day on which this Ordinance is published in the Gazette. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 2 Interpretation VerDate:01/07/2007 (1) In this Ordinance— “area” (地域) includes air space and subterranean soil; “court” (法院) means a court or tribunal of the Judiciary of Hong Kong specified in Part 1 of Schedule 4; “court order” (法院命令) includes a judgment, order, direction or other decision made by a court; “future” (日後的)— (a) in relation to a right or obligation, means acquired, accrued or incurred on or after the Relevant Date; (b) in relation to a court order or a document, means made on or after the Relevant Date; “Hong Kong Port Area” (港方口岸區) means the Shenzhen Bay Port Hong Kong Port Area declared by section 3; “laws of Hong Kong” (香港法律) means the laws for the time being in force in, having legislative effect in, extending to, or applicable in, Hong Kong, including all the sources of the laws of Hong Kong specified in Article 18 of the Basic Law; “pre-existing” (已有的)— (a) in relation to a right or obligation, means acquired, accrued or incurred before the Relevant Date; (b) in relation to a court order, means made before the Relevant Date; “public authority” (公共主管當局) includes any tribunal, board, commission, committee or similar body that is established by or under an enactment, other than a court; “public officer” (公職人員) means a person holding an office of emolument under the Government (whether such office be permanent or temporary), including a principal official of the Government appointed in accordance with the Basic Law; “regulatory body” (規管團體) means a person that regulates standards of competence or service within a profession, trade or business; “Relevant Date” (有關日期) means the day appointed under section 1(2) for the coming into operation of sections 3 and 5, being the day on which the Shenzhen Bay Port referred to in paragraph (2)(a) of the preamble commences operation; “right or obligation” (權利或義務) means a power, right, privilege, obligation or liability; “statutory” (法定), in relation to a power or duty, means conferred or imposed by an enactment; “territorial limit” (地域界限), in relation to a right or obligation, means the geographical area within which the right or obligation may be exercised or performed. (2) A reference in this Ordinance to “Hong Kong” means a reference to Hong Kong (as a whole and not only a part of Hong Kong) howsoever described and includes a reference to the Hong Kong Special Administrative Region. “area” (地域) “court” (法院) “court order” (法院命令) “future” (日後的) “Hong Kong Port Area” (港方口岸區) “laws of Hong Kong” (香港法律) “pre-existing” (已有的) “public authority” (公共主管當局) “public officer” (公職人員) “regulatory body” (規管團體) “Relevant Date” (有關日期) “right or obligation” (權利或義務) “statutory” (法定) “territorial limit” (地域界限) SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 3 Declaration of Hong Kong Port Area VerDate:01/07/2007 PART 2 HONG KONG PORT AREA AND APPLICATION OF LAWS OF HONG KONG (1) The area delineated by the description set out in Schedule 1 (“Particularized Description”) is declared as the Shenzhen Bay Port Hong Kong Port Area. (2) The Particularized Description comprises— (a) the description of the area of the Clearance Area set out in Part 1 of Schedule 1; (b) the description of the area of the Shenzhen section of the Shenzhen Bay Bridge set out in Part 2 of that Schedule; and (c) the maps in Part 3 of that Schedule. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 4 Hong Kong Port Area be closed area VerDate:01/07/2007 For the purposes of the Public Order Ordinance (Cap 245) and any other enactment that applies to a closed area (as defined in section 2(1) of that Ordinance), the Hong Kong Port Area is a closed area so defined. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 5 Application of laws of Hong Kong in Hong Kong Port Area VerDate:01/07/2007 (1) Except in so far as otherwise provided by an enactment enacted, or (in the case of subsidiary legislation) made, on or after the Relevant Date, the laws of Hong Kong apply in the Hong Kong Port Area. (2) For the purpose of applying the laws of Hong Kong in the Hong Kong Port Area, the Hong Kong Port Area is regarded as an area lying within Hong Kong. (3) If an enactment applies— (a) only to a specific area in Hong Kong; or (b) by reference to different areas in Hong Kong, then, for the purpose of determining whether the Hong Kong Port Area is included in such an area, the Hong Kong Port Area is regarded as an area known by its name that lies within the New Territories and outside New Kowloon. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 6 Land in Hong Kong Port Area be regarded as Government land VerDate:01/07/2007 (1) Notwithstanding that the land use right of the Hong Kong Port Area is acquired by way of a lease as mentioned in paragraph (3)(b) of the preamble, land within the Hong Kong Port Area is regarded, for the purpose of applying the laws of Hong Kong in the Hong Kong Port Area, as part and parcel of the Government land lying within Hong Kong. (2) Any right or interest in any such land disposed of by virtue of a dealing on or subsequent to the Relevant Date is regarded as a right or interest derived directly or indirectly (as the case may be) from the Government. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 7 Jurisdiction of courts VerDate:01/07/2007 (1) A court has jurisdiction to hear and determine any cause or matter, civil or criminal, arising from the operation of this Ordinance in like manner as it has jurisdiction as regards the operation of the laws of Hong Kong in Hong Kong. (2) Without prejudice to the generality of subsection (1), a court has the power to make a court order that adjudicates on, confers or imposes a right or obligation the territorial limit of which is confined to, or includes, the Hong Kong Port Area. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 8 Pre-existing rights and obligations not affected unless section 9 or 10 applies VerDate:01/07/2007 PART 3 PRE-EXISTING RIGHTS AND OBLIGATIONS (1) In any proceedings (whether civil, criminal or otherwise), no person is entitled to contend that the territorial limit of a particular pre-existing right or obligation is extended to include the Hong Kong Port Area if the sole ground for such contention is that section 5(2) has the effect of extending the territorial limit of a pre-existing right or obligation to include the Hong Kong Port Area. (2) Subsection (1) does not derogate from the operation of sections 9 and 10. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 9 Territorial limit of certain pre-existing rights and obligations be extended VerDate:01/07/2007 (1) If a pre-existing right or obligation has a territorial limit (whether express or not) confined to, or including, Hong Kong, and the right or obligation— (a) is of a description included in Schedule 2; and (b) subsists, or has its legal effect suspended, as at the Relevant Date, then, the territorial limit of the right or obligation is extended to include the Hong Kong Port Area in accordance with subsection (2). (2) An extension of the territorial limit to include the Hong Kong Port Area under subsection (1) takes effect— (a) subject to paragraph (b), from the Relevant Date; or (b) (if the description is included in Schedule 2 by an amendment that takes effect after the Relevant Date) from the date when the amendment takes effect. (3) If— (a) the territorial limit of a right or obligation is extended under this section; and (b) as at the date when the extension takes effect— (i) the legal effect of the right or obligation is suspended; (ii) the right or obligation is subject to any condition, then, on and from that date, the suspension or condition (as may be applicable) has effect in relation to the right or obligation with its territorial limit so extended. (4) This section does not apply to a right or obligation conferred or imposed by a court order. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 10 Territorial limit of certain rights and obligations conferred or imposed by pre-existing court orders be extended VerDate:01/07/2007 (1) If a right or obligation conferred or imposed by a pre-existing court order has a territorial limit (whether express or not) confined to, or including, Hong Kong, and the court order— (a) is of a description included in Part 2 of Schedule 4; and (b) subsists, or has its legal effect suspended, as at the Relevant Date, then, the territorial limit of the right or obligation is extended to include the Hong Kong Port Area in accordance with subsection (2). (2) An extension of the territorial limit to include the Hong Kong Port Area under subsection (1) takes effect— (a) subject to paragraph (b), from the Relevant Date; or (b) (if the description is included in Part 2 of Schedule 4 by an amendment that takes effect after the Relevant Date) from the date when the amendment takes effect. (3) If— (a) the territorial limit of a right or obligation conferred or imposed by a pre-existing court order is extended under this section; and (b) as at the date when the extension takes effect— (i) the legal effect of the right or obligation is suspended; (ii) the right or obligation is subject to any condition, then, on and from that date, the suspension or condition (as may be applicable) has effect in relation to the right or obligation with its territorial limit so extended. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 11 Limitations on operation of section 5(2) in relation to future rights and obligations VerDate:01/07/2007 PART 4 FUTURE RIGHTS, OBLIGATIONS, DOCUMENTS AND COURT ORDERS (1) If a future right or obligation— (a) permits, or requires, a person to do an act in Hong Kong, and the permission or requirement does not encompass the Hong Kong Port Area; or (b) permits, or requires, a person not to do an act in Hong Kong, and the permission or requirement does not encompass the Hong Kong Port Area, then, in any proceedings (whether civil, criminal or otherwise), no person is entitled to contend that section 5(2) has the effect of extending the territorial limit of the right or obligation to include the Hong Kong Port Area. (2) For the avoidance of doubt, if a person— (a) is permitted, or is required, to do an act in Hong Kong and in the Hong Kong Port Area; or (b) is permitted, or is required, not to do an act in Hong Kong and not to do it in the Hong Kong Port Area, and the terms of the permission or requirement (as may be applicable) show a difference between— (c) the legal consequences arising from the performance, or non-performance, of such an act in Hong Kong; and (d) the legal consequences arising from the performance, or non-performance, of such an act in the Hong Kong Port Area, then, for the purposes of subsection (1), the permission, or requirement, is treated as comprising 2 separate rights or obligations on the basis of the difference. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 12 References to Hong Kong in future documents VerDate:01/07/2007 (1) If a future document contains a reference to Hong Kong to describe the territorial limit of a right or obligation (other than a pre-existing right or obligation), then, unless the contrary intention appears, the territorial limit of the right or obligation is to be construed as including the Hong Kong Port Area. (2) It is declared that the definition assigned by section 3 of the Interpretation and General Clauses Ordinance (Cap 1) to the expression “document” does not include, for the purposes of this section, any enactment, and for the avoidance of doubt, it is declared that any enactment must be construed in accordance with section 5. (3) This section does not apply to a court order. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 13 References to Hong Kong in future court orders VerDate:01/07/2007 If a future court order contains a reference to Hong Kong to describe the territorial limit of a right or obligation conferred or imposed by the court order, then, unless the contrary intention appears from the court order, the territorial limit of the right or obligation is to be construed as including the Hong Kong Port Area. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 14 Expiry of this Ordinance VerDate:01/07/2007 PART 5 MISCELLANEOUS (1) This Ordinance shall expire at midnight on 30 June 2047, which is the day on which the land use period of the land use right of the Hong Kong Port Area acquired by way of the lease mentioned in paragraph (3)(b) of the preamble is to expire. (2) If the land use right is terminated earlier or the lease is renewed after its expiry— (a) the Secretary for Security shall by notice in the Gazette publicize the date on which the land use right or the lease (as so terminated earlier or renewed) is to expire (“the published date”); and (b) this Ordinance shall expire at midnight on the published date. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 15 Exercise of statutory powers between publication of this Ordinance and Relevant Date VerDate:27/04/2007 (1) Notwithstanding that the Relevant Date falls on a day after the day of publication of this Ordinance in the Gazette, a power to do anything under an enactment that will apply in the Hong Kong Port Area by virtue of section 5 (as read with section 4) may be exercised in relation to the Hong Kong Port Area at any time after the publication. (2) An exercise of a power under subsection (1) is not effective until the Relevant Date. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 16 (Omitted as spent) VerDate:01/07/2007 PART 6 CONSEQUENTIAL AND RELATED AMENDMENTS (Omitted as spent) SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 16 Interpretation of words and expressions VerDate: PART 6 CONSEQUENTIAL AND RELATED AMENDMENTS Interpretation and General Clauses Ordinance Section 3 of the Interpretation and General Clauses Ordinance (Cap 1) is amended by adding— ““Shenzhen Bay Port Hong Kong Port Area” (深圳灣口岸港方口岸區) means the Shenzhen Bay Port Hong Kong Port Area declared by section 3 of the Shenzhen Bay Port Hong Kong Port Area Ordinance (4 of 2007);”. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 17 (Omitted as spent) VerDate:01/07/2007 SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SECT 17 Section added VerDate: The following is added— “28A. Construction of power to make subsidiary legislation Where an Ordinance that applies in Hong Kong and in the Shenzhen Bay Port Hong Kong Port Area confers power on a person to make subsidiary legislation, the power shall be construed as including— (a) a power to declare that the subsidiary legislation does not apply in the Shenzhen Bay Port Hong Kong Port Area; and (b) a power to make different provisions with reference to Hong Kong and the Shenzhen Bay Port Hong Kong Port Area respectively.”. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SCHEDULE 1 SHENZHEN BAY PORT HONG KONG PORT AREA VerDate:01/07/2007 [section 3] PART 1 AREA OF CLEARANCE AREA Section I. Setting out coordinates of Clearance Area coordinates reference No. X coordinate Y coordinate remarks 1 15172.500 103655.000 2 14829.000 103655.000 3 14829.000 103635.000 4 13787.489 103635.000 5 13704.935 103513.075 6 13704.935 103017.000 7 14164.800 103017.000 8 14164.800 103235.660 9 14235.569 103427.917 Starting point of circular curve 10 14239.958 103436.862 Mid-point of circular curve, radius = 48.25 m 11 14246.091 103444.715 End point of circular curve 12 14246.091 103591.249 Starting point of circular curve 13 14290.205 103593.687 Mid-point of circular curve, radius = 1200.25 m 14 14334.379 103594.500 End point of circular curve 15 14745.300 103594.500 Starting point of circular curve 16 14798.342 103580.722 Mid-point of circular curve, radius = 109 m 17 14837.975 103542.873 End point and starting point of circular curve 18 14864.926 103505.153 Mid-point of circular curve, radius = 351 m 19 14896.614 103471.314 End point of circular curve 20 14998.347 103376.131 Starting point of circular curve 21 15052.372 103341.950 Mid-point of circular curve, radius = 171 m 22 15115.175 103330.000 End point of circular curve 23 15172.500 103330.000 Notes: 1. Coordinates System is based on Shenzhen Independent Coordinates System. 2. The Clearance Area is 41.5654 hectares in size. 3. The setting out coordinates of the Clearance Area are shown in the map titled “Setting out Coordinates of Clearance Area” (Map No. 2) in Part 3. Section II. Vertical and horizontal limit of Clearance Area (a) Vertically, the upper limit is set at an elevation of +60 m (National Vertical Datum 1985) and the lower limit is set at an elevation of –60 m (National Vertical Datum 1985), except for the link roads for passenger vehicles. As far as the link roads for passenger vehicles (the setting out coordinates being the coordinates of coordinates reference Nos. 12 to 15 in Section I of this Part, and X coordinate = 14745.300, Y coordinate = 103635.000 and X coordinate = 14246.091, Y coordinate = 103635.000) are concerned, vertically, the upper limit is set at an elevation of +60 m (National Vertical Datum 1985) and the lower limit is set at an elevation of –10 m (National Vertical Datum 1985). (b) Horizontally, the boundary of the Clearance Area is set at the edge lines of the Clearance Area as defined by the setting out coordinates listed in Section I of this Part. PART 2 AREA OF SHENZHEN SECTION OF SHENZHEN BAY BRIDGE# # The Shenzhen section of the Shenzhen Bay Bridge comprises ramp A, ramp B, ramp C, ramp D, ramp E (the ramps are collectively called “ramps A–E”) and the bridge. Section I. Setting out coordinates of bridge surface of Shenzhen section of Shenzhen Bay Bridge Setting out coordinates of ramp A left edge line (in direction of traffic flow) right edge line (in direction of traffic flow) coordinates reference No. X Y X Y remarks A1 13725.5845 103543.5725 Intersection with Red Line at Point 1 A2 13715.1943 103528.2270 Intersection with Red Line at Point 2 A3 13714.8996 103561.5008 13701.6906 103552.4718 R—160.000 L—96.753 Mid-point of circular curve A4 13680.3748 103598.5028 13670.4534 103585.9503 End point of circular curve A5 13628.3217 103628.1131 13622.1361 103613.3571 A—135.000 L—113.906 Mid-point of transition curve A6 13574.7609 103646.8098 13569.9557 103631.5484 Starting point of circular curve A7 13514.1286 103667.2778 13508.6703 103652.1845 Mid-point of circular curve A8 13454.4295 103690.3266 13448.3290 103675.4811 R—1500.000 L—187.483 Merging point of ramp A Setting out coordinates of ramp B left edge line (in direction of traffic flow) right edge line (in direction of traffic flow) coordinates reference No. X Y X Y remarks B1 13728.0207 103547.1705 Intersection with Red Line at Point 1 B2 13735.3053 103557.9294 Intersection with Red Line at Point 2 B3 13600.5721 103577.3648 13604.9604 103585.7951 Starting point of ramp B B4 13634.9659 103561.5416 13638.5982 103570.3195 A—100.000 L—75.625 Mid-point of transition curve B5 13671.8810 103549.5897 13673.9028 103558.8721 Starting point of circular curve B6 13713.3351 103545.9403 13712.9663 103555.4331 R—160.000 L—81.047 Mid-point of circular curve Setting out coordinates of ramp C left edge line (in direction of traffic flow) right edge line (in direction of traffic flow) coordinates reference No. X Y X Y remarks C1 13765.1448 103602.0000 Intersection with Red Line at Point 1 C2 13758.7125 103592.5000 Intersection with Red Line at Point 2 C3 13728.6083 103602.0000 13728.6083 103592.5000 Starting point of transition curve C4 13692.6826 103602.1819 13692.5194 103592.6833 A—170.000 L—72.250 Mid-point of transition curve C5 13656.7814 103603.7875 13656.0214 103594.3179 Starting point of circular curve C6 13608.8226 103610.5795 13606.9167 103601.2726 Mid-point of circular curve C7 13562.0546 103623.1862 13559.0246 103614.1823 R—400.000 L—98.097 End point of circular curve C8 13530.4933 103635.1855 13526.8276 103626.4213 A—180.000 L—68.040 Mid-point of transition curve C9 13499.6337 103648.8624 13495.6546 103640.2358 Starting point of circular curve C10 13473.4995 103661.1094 13469.4185 103652.5306 Mid-point of circular curve C11 13447.5089 103673.6582 13443.3290 103665.1272 R—2500.000 L—53.458 End point of ramp C Setting out coordinates of ramp D left edge line (in direction of traffic flow) right edge line (in direction of traffic flow) coordinates reference No. X Y X Y remarks D1 13272.0320 103728.0355 13279.4428 103742.2722 Starting point of ramp D D2 13356.3972 103684.1196 13363.8080 103698.3563 D3 13485.7955 103616.7620 13496.9011 103638.0966 D4 13592.2377 103561.3540 13604.9604 103585.7951 D5 13599.6484 103575.5904 D6 13704.9351 103502.6899 Intersection with Red Line at Point 1 D7 13704.9351 103513.0748 Corner point of Red Line D8 13708.7946 103518.7750 Intersection with Red Line at Point 2 Setting out coordinates of ramp E left edge line (in direction of traffic flow) right edge line (in direction of traffic flow) coordinates reference No. X Y X Y remarks E1 13289.8549 103762.2745 13282.4440 103748.0378 Starting point of ramp E E2 13399.9956 103713.9716 13388.8863 103692.6298 E3 13452.9504 103690.9344 13441.8885 103665.8335 E4 13454.4295 103690.3266 13443.3290 103665.1272 End point of ramp E Setting out coordinates of the bridge left side when viewed in direction from Shenzhen towards Hong Kong right side when viewed in direction from Shenzhen towards Hong Kong remarks coordinates reference No. X Y X Y 1 13289.8549 103762.2745 13272.0320 103728.0355 Starting point of the bridge 2 13062.1908 103880.7845 13044.3678 103846.5456 Starting point of circular curve 3 12984.6664 103922.2340 12976.9429 103908.1645 4 12973.8151 103902.4666 12966.0916 103888.3970 Starting point of non-navigational channel bridge 5 12601.9866 104161.4909 12592.7203 104148.3860 6 12588.9675 104143.0788 12579.7012 104129.9739 Mid-point of circular curve 7 12252.1895 104439.5474 12241.5128 104427.5637 8 12237.1889 104422.7105 12226.5121 104410.7267 End point of non-navigational channel bridge 9 12249.8684 104441.6170 10 12239.6169 104429.2539 11 12235.4652 104424.2470 12 12225.2138 104411.8839 Boundary line between Hong Kong and Guangdong 13 12183.9276 104501.8003 12172.9756 104490.0676 14 12168.5402 104485.3160 12157.5883 104473.5833 R—4000.000 L—1084.173 End point of circular curve Notes: 1. Coordinates System is based on Shenzhen Independent Coordinates System. 2. L is the arc length, R is the radius, A is the parameter of the curve; units are in metres. 3. Red Line is the boundary line of the Clearance Area as defined by the setting out coordinates listed in Section I of Part 1. 4. The setting out coordinates of ramps A–E and the bridge are shown in the map titled “Setting out Coordinates of Bridge Surface of Shenzhen Section of Shenzhen Bay Bridge” (Map Nos. 3 and 4) in Part 3. Section II. Vertical and horizontal limit of Shenzhen section of Shenzhen Bay Bridge (a) Ramps A–E: Vertically, the upper limit is set at an elevation of +60 m (National Vertical Datum 1985) and the lower limit is the bottom parallel edge lines of the bridge box girders. (b) The bridge: Vertically, the upper limit is set at an elevation of +160 m (National Vertical Datum 1985) and the lower limit is the bottom parallel edge lines of the bridge box girders. (c) Horizontally, the boundary of the Shenzhen section of the Shenzhen Bay Bridge is set at 3 m from the outermost left and right edge lines of the Shenzhen section of the Shenzhen Bay Bridge as defined by the setting out coordinates listed in Section I of this Part, and includes the gap between the 2 bridge box girders of the non-navigational channel bridge. PART 3 MAPS SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SCHEDULE 2 RIGHTS AND OBLIGATIONS DESCRIBED FOR PURPOSES OF SECTION 9 OF THIS ORDINANCE VerDate:14/07/2008 [section 9 & Schedule 3] 1. A pre-existing right or obligation that has arisen by virtue of— (a) a deportation order made under the Immigration Ordinance (Cap 115), including an order that is treated as if it were so made pursuant to section 13 of Schedule 2 to that Ordinance; (b) a removal order made under the Immigration Ordinance (Cap 115); (c) an order made under the Prevention and Control of Disease Ordinance (Cap 599) or its regulations prohibiting a person from leaving Hong Kong without the permission of a health officer; (Replaced 14 of 2008 s. 18) (d) a licence, permit, approval, certification, registration, enrolment, authorization or any other authority (howsoever described) or exemption (howsoever described) issued or given by the exercise or performance of a statutory power or duty described in Schedule 3, including (but not limited to) a warrant or order that authorizes the arrest (howsoever described) of a person made or issued under an enactment. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SCHEDULE 2 RIGHTS AND OBLIGATIONS DESCRIBED FOR PURPOSES OF SECTION 9 OF THIS ORDINANCE VerDate:01/07/2007 [section 9 & Schedule 3] 1. A pre-existing right or obligation that has arisen by virtue of— (a) a deportation order made under the Immigration Ordinance (Cap 115), including an order that is treated as if it were so made pursuant to section 13 of Schedule 2 to that Ordinance; (b) a removal order made under the Immigration Ordinance (Cap 115); (c) a direction made under regulation 27A of the Prevention of the Spread of Infectious Diseases Regulations (Cap 141 sub. leg. B) prohibiting a person from leaving Hong Kong without the permission in writing of a health officer; (d) a licence, permit, approval, certification, registration, enrolment, authorization or any other authority (howsoever described) or exemption (howsoever described) issued or given by the exercise or performance of a statutory power or duty described in Schedule 3, including (but not limited to) a warrant or order that authorizes the arrest (howsoever described) of a person made or issued under an enactment. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SCHEDULE 3 STATUTORY POWERS AND DUTIES DESCRIBED FOR PURPOSES OF SECTION 1(d) OF SCHEDULE 2 VerDate:01/07/2007 [Schedule 2] 1. A statutory power or duty conferred or imposed on— (a) the Chief Executive (including the Chief Executive in Council), a public officer, public body or public authority; or (b) a person authorized or appointed by the Chief Executive (including the Chief Executive in Council), a public officer, public body or public authority under an enactment. 2. A statutory power or duty conferred or imposed on a regulatory body or an officer of it for that body or officer (as the case may be) to— (a) admit (howsoever described) any person to a profession, trade or business; or (b) permit any person to engage in (howsoever described) a profession, trade or business. SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - SCHEDULE 4 COURTS AND COURT ORDERS VerDate:01/07/2007 [sections 2 & 10] PART 1 COURTS Court of Final Appeal Court of Appeal Court of First Instance District Court Magistrates’ Court Lands Tribunal Labour Tribunal Small Claims Tribunal Obscene Articles Tribunal Coroner’s Court PART 2 COURT ORDERS DESCRIBED FOR PURPOSES OF SECTION 10 OF THIS ORDINANCE 1. A court order in the form of— (a) an order or direction to the effect that a person shall not leave or be removed from Hong Kong; (b) a warrant or order that authorizes the arrest (howsoever described) of a person; (c) a notice issued under section 17A(1) of the Prevention of Bribery Ordinance (Cap 201); (d) a detention order authorizing the seizure or detention of any plants, animals, goods, articles, or other things on or after their importation into Hong Kong; (e) an injunction prohibiting the importation into or exportation from Hong Kong of any plants, animals, goods, articles, or other things. 2. A court order admitting a person as a barrister or as a solicitor, or appointing a person as a notary public, under the Legal Practitioners Ordinance (Cap 159).