### Shenzhen Bay Port Hong Kong Port Area Ordinance 《深圳灣口岸港方口岸區條例》

1. Short title
(Amended E.R. 1 of 2019)(1) This Ordinance may be cited as the Shenzhen Bay Port Hong Kong Port Area Ordinance.
(2)-(3) (Omitted as spent—E.R. 1 of 2019)

2. Interpretation
(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

### Shenzhen Bay Port Hong Kong Port Area Ordinance 《深圳灣口岸港方口岸區條例》

3. Declaration of Hong Kong Port Area
(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.

4. Hong Kong Port Area be closed area
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.

5. Application of laws of Hong Kong in Hong Kong Port Area
(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.

6. Land in Hong Kong Port Area be regarded as Government land
(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.

7. Jurisdiction of courts
(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 《深圳灣口岸港方口岸區條例》

8. Pre-existing rights and obligations not affected unless section 9 or 10 applies
(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.

9. Territorial limit of certain pre-existing rights and obligations be extended
(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.