Hong Kong Ordinances

SHENZHEN BAY PORT HONG KONG PORT AREA ORDINANCE - LONG TITLE

Long title

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—