Cap. 632 《廣深港高鐵(一地兩檢)條例》Guangzhou-Shenzhen-Hong Kong Express Rail Link (Co-location) Ordinance

Article 3 The establishment of the Mainland Port Area does not affect construction rights, rights relating to the performance of construction work, service concession, operation as well as regulation of the Hong Kong Section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link; nor does it affect the rights and benefits regarding assets (including relevant lands as well as movable or immovable assets on these lands) and facilities pertaining to the Hong Kong Section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link. The HKSAR will continue to handle these matters in accordance with the laws of the HKSAR and exercise jurisdiction over these matters in accordance with this Co-operation Arrangement.

Article 4 With effect from the date of commissioning of the Mainland Port Area, except for the matters provided for in Article 3 and Article 7 of this Co-operation Arrangement, the Mainland will exercise jurisdiction (including jurisdiction of the courts) over the Mainland Port Area in accordance with this Co-operation Arrangement and the laws of the Mainland.

In handling those matters which are subject to the jurisdiction of the Mainland as set out in the preceding paragraph, for the purposes of the application of the laws of the Mainland and the laws of the HKSAR and the delineation of jurisdiction (including jurisdiction of the courts), the Mainland Port Area will be regarded as being situated in the Mainland.

Article 7 The HKSAR exercises jurisdiction (including jurisdiction of the courts) over the following matters in accordance with the laws of the HKSAR:

the performance of duties and functions or matters related to the performance of duties and functions by designated personnel, i.e. holders of valid permit issued by the HKSAR Government or the Hong Kong operator of the Guangzhou-Shenzhen-Hong Kong Express Rail Link who enter the Mainland Port Area or pass through the Mainland Port Area to other places within the West Kowloon Station to carry out duties and functions. Save as stated above, these personnel should comply with the laws of the Mainland inside the Mainland Port Area and be subject to regulation by the Mainland Authorities Stationed at the Mainland Port Area;

matters relating to the standards of, and the duties, responsibilities and liabilities concerning, the construction, insurance and design, repair and maintenance of buildings and structures and related facilities (including fire safety; storage facilities of dangerous goods; lifts; escalators; plumbing installations; installations relating to waste and wastewaters; public address systems; ventilation; electricity and energy efficiency etc.), other than facilities and equipments provided by the Mainland Authorities Stationed at the Mainland Port Area themselves or exclusively used by them in carrying out duties and functions pursuant to this Co-operation Arrangement;

matters relating to the carrying on of business, related insurance and tax affairs of the Hong Kong operator of the Guangzhou-Shenzhen-Hong Kong Express Rail Link and service provider(s), as well as the tax affairs and employment-related obligations, rights and benefits, protection and insurance of their staff members. Service provider(s) referred to above does not include a provider of services to the Mainland Authorities Stationed at the Mainland Port Area or to the Mainland operator of the Guangzhou-Shenzhen-Hong Kong Express Rail Link, where such service provider does not carry on business in any area of the HKSAR outside the Mainland Port Area;

matters relating to the regulation and monitoring of the operational safety of the railway system of the Hong Kong Section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link, as well as matters relating to environmental regulation and control;

unless the parties by agreement indicate otherwise (whether such agreement is made in writing, orally or by conduct), matters pertaining to the contractual or other legal relationships of a civil nature among the following bodies or individuals in the Mainland Port Area: the Hong Kong operator of the Guangzhou-Shenzhen-Hong Kong Express Rail Link, contractor(s) of construction works of the West Kowloon Station, material or service provider(s), staff member(s) of the above bodies, and passenger(s) of the Guangzhou-Shenzhen-Hong Kong Express Rail Link;

matters under the responsibility of the Hong Kong operator of the Guangzhou-Shenzhen-Hong Kong Express Rail Link as provided for in the Guangzhou-Shenzhen-Hong Kong Express Rail Link Operating Co-operation Agreement (including any subsequent amendment or supplementary agreement thereto) made between the Hong Kong operator and the Mainland operator of the Guangzhou-Shenzhen-Hong Kong Express Rail Link.