GATS/SC/39/Suppl.4  
 
27 February 2024  
(24-1873) Page: 1/7 
Trade in Services  Original: English  
 
 
HONG KONG, CHINA  
SCHEDULE OF SPECIFIC COMMITMENTS  
Supplement 4 
(This is authentic in English only)  
 
 
_______________  
 
 
This document supplements Hong Kong, China's Schedule of Specific Commitments as contained in 
documents GATS/SC/ 39; GATS/SC/ 39/Suppl.2 ; and GATS/SC/ 39/Suppl.3 .  
  GATS/SC/39/Suppl.4  
 
- 2 - SCHEDULE OF SPECIFIC COMMITMENTS – HONG KONG, CHINA  
 
Modes of Supply:   (1)  Cross -border supply    (2)  Consumption abroad    (3)  Commercial presence    (4)  Presence of natural persons  
Sector or Sub -sector  Limitations on Market Access  Limitations on National Treatment  Additional Commitments  
HORIZONTAL COMMITMENTS  
ALL SECTORS INCLUDED IN THIS 
SCHEDULE    Hong Kong, China undertakes as additional commitments 
the attached "Disciplines on Services Domestic 
Regulation" for all sectors included in this schedule1, and 
for the following additional sectors2: 
 
(a) Sewage services (CPC 9401);  
(b) Sanitation and similar services (CPC  9403);  
(c) Cleaning services of  exhaust gases 
(CPC 9404);  
(d) Noise abatement services  (CPC 9405);  
(e) Nature and landscape protection services 
(CPC 9406);  and 
(f) Other environmental protection services n.e.c.  
(CPC 9409).  
 
_______________  
 
Note:  All CPC references correspond to the 1991 provisional Central Product Classification (CPC) of the United Nations Statistical Office.  
 
1 For greater certainty, these disciplines apply where specific commitments are undertaken.  
2 For greater certainty, Hong Kong, China undertakes no market access or national treatment commitment for any mode of supply f or the additional sectors listed in 
paragraphs (a) to (f).  GATS/SC/39/Suppl.4  
 
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  - 3 - DISCIPLINES ON SERVICES DOMESTIC REGULATION  
Scope of the Disciplines  
1. These disciplines apply to measures by Members relating to licensing requirements and 
procedures, qualification requirements and procedures, and technical standards affecting 
trade in services.  
2. These disciplines do not a pply to any terms, limitations, conditions, or qualifications set out in 
a Member 's Schedule pursuant to Articles XVI or XVII of the Agreement.  
3. For the purpose of these disciplines, "authorization" means the permission to supply a service, 
resulting from a  procedure to which an applicant must adhere in order to demonstrate 
compliance with licensing requirements, qualification requirements, or technical standards.  
Submission of Applications  
4. Each Member shall, to the extent practicable, avoid requiring an app licant to approach more 
than one competent authority for each application for authorization. If a service is within the 
jurisdiction of multiple competent authorities, multiple applications for authorization may be 
required.  
Application Timeframes  
5. If a Mem ber requires authorization for the supply of a service, it shall ensure that its competent 
authorities to the extent practicable permit submission of an application at any time 
throughout the year.1 If a specific time period for applying exists, the Membe r shall ensure 
that the competent authorities allow a reasonable period for the submission of an application.  
Electronic Applications and Acceptance of Copies  
6. If a Member  requires authorization for the supply of a service, it shall ensure that its competent 
authorities:  
(a) taking into account their competing priorities and resource constraints, endeavour to 
accept applications in electronic format; and  
(b) accept copies of docume nts, that are authenticated in accordance with the Member 's 
domestic laws and regulations, in place of original documents, unless the competent 
authorities require original documents to protect the integrity of the authorization 
process.  
Processing of Appl ications  
7. If a Member requires authorization for the supply of a service, it shall ensure that its competent 
authorities :  
(a) to the extent practicable, provide an indicative timeframe for processing of an 
application;  
(b) at the request of the applicant, provide without undue delay information concerning the 
status of the application;  
(c) to the extent practicable, ascertain without undue delay the completeness of an 
application for processing under the Member 's domestic laws and regulations;  
 
1 Competent authorities are not required to start considering applications outside of their official working 
hours and working days.  GATS/SC/39/Suppl.4  
 
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  - 4 - (d) if the y consider an application complete for processing under the Member 's domestic 
laws and regulations2, within a reasonable period of time after the submission of the 
application ensure that:  
(i) the processing of the application is completed; and  
(ii) the applicant  is informed of the decision concerning the application3, to the 
extent possible in writing4; 
(e) if they consider an application incomplete for processing under the Member 's domestic 
laws and regulations, within a reasonable period of time, to the extent pr acticable:  
(i) inform the applicant that the application is incomplete;  
(ii) at the request of the applicant, identify the additional information required to 
complete the application, or otherwise provide guidance on why the application 
is considered incomplete; a nd 
(iii) provide the applicant with the opportunity5 to provide the additional 
information that is required to complete the application;  
however, if none of the above is practicable, and the application is rejected due to 
incompleteness, ensure that they so inform the applicant within a reasonable period of 
time; and  
(f) if an application is rejected, to the extent possible, either upon their own initiative or 
upon request of the applicant, inform the applicant of the reasons for rejection and, if 
applicable, the  procedures for resubmission of an application; an applicant should not 
be prevented from submitting another application6 solely on the basis of a previously 
rejected application.  
8. The competent authorities of a Member shall ensure that authorization, once  granted, enters 
into effect  without undue delay, subject to applicable terms and conditions.7 
Fees  
9. Each Member  shall ensure that the authorization fees8 charged by its competent authorities 
are reasonable, transparent, based on authority set out in a measure, and do not in 
themselves restrict the supply of the relevant service.  
Assessment of Qualifications  
10. If a Member requires an examination for authoriza tion for the supply of a service, that Member 
shall ensure that its competent authorities schedule such an examination at reasonably 
frequent intervals and provide a reasonable period of time to enable applicants to request to 
take the examination. Having regard to the cost, administrative burden, and the integrity of 
the procedures involved, Members are encouraged to accept requests in electronic format to 
 
2 Competent authorities may require that all information is submitted in a specified format to consider it 
"complete for processing".  
3 Competent authorities may meet this requirement by informing an applicant in advance in writing, 
including through a publ ished measure , that lack of response after a specified period of time from the date of 
submission of an application indicates acceptance of the application or rejection of the application.  
4 "In writing" may include in electronic form.  
5 Such opportunity d oes not require a competent authority to provide extensions of deadlines.  
6 Competent authorities may require that the content of such an application has been revised.  
7 Competent authorities are not responsible for delays due to reasons outside their comp etence.  
8 Authori zation fees do not include fees for the use of natural resources, payments for auction, 
tendering or other non -discriminatory means of awarding concessions, or mandated contributions to universal 
service provision.  GATS/SC/39/Suppl.4  
 
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  - 5 - take such examinations, and to consider, to the extent practicable, the use of electronic means 
in other aspects of examination processes.  
Recognition  
11. Where professional bodies of Members are mutually interested in establishing dialogues on 
issues relating to recognition of professional qualifications, licensing or registration, the 
relevant Members shoul d consider supporting the dialogue of those bodies where requested 
and appropriate.  
Independence  
12. If a Member adopts or maintains measures relating to the authorization for the supply of a 
service, the Member shall ensure that its competent authorities reac h and administer their 
decisions in a manner independent from any supplier of the service for which authorization is 
required.9  
Publication and Information available  
13. If a Member requires authorization for the supply of a service, further to Article III o f the 
Agreement, the Member shall promptly publish10, or otherwise make publicly available in 
writing, the information necessary for service suppliers or persons seeking to supply a service 
to comply with the requirements and procedures for obtaining, main taining, amending and 
renewing such authorization. Such information shall include, inter alia , where it exists:  
(a) the requirements and procedures;   
(b) contact information of relevant competent authorities;   
(c) fees;  
(d) technical standards;   
(e) procedures for appeal or review of decisions concerning applications;   
(f) procedures for monitoring or enforcing compliance with the terms and conditions of 
licenses or qualifications;   
(g) opportunities for public involvement, such as through hearings or comments; and  
(h) indicati ve timeframes for processing of an application.   
Opportunity to Comment and Information before Entry into Force  
14. To the extent  practicable and in a manner consistent with its legal system for adopting 
measures, each Member11 shall publish in advance:  
(a) its laws and regulations of general application it proposes to adopt in relation to matters 
falling within the scope of paragraph  1 of this Section; or  
 
9 For greater certainty, this provision does not mandate a particular administrative structure; it refers to 
the decision -making process and administering of decisions.  
10 For purposes of these disciplines, "publish" means to include in an official publicati on, such as an 
official journal, or on an official website.  Members are encouraged to consolidate electronic publications into a 
single portal.  
11 Paragraphs 14 to 17 of this Section recognize that Members have different systems to consult 
interested persons and other Members on certain measures before the ir adoption , and that the alternatives set 
out in paragraph 14 of this Section reflect different legal systems.  GATS/SC/39/Suppl.4  
 
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  - 6 - (b) documents that provide sufficient details about such a possible new law or regulation to 
allow interested pers ons and other Members to assess whether and how their interests 
might be significantly affected.   
15. To the extent practicable and in a manner consistent with its legal system for adopting 
measures, each Member is encouraged to apply paragraph 14 of this Sect ion to procedures 
and administrative rulings of general application it proposes to adopt in relation to matters 
falling within the scope of paragraph 1 of this Section.  
16. To the extent practicable and in a manner consistent with its legal system for adoptin g 
measures, each Member shall provide interested persons and other Members a reasonable 
opportunity to comment on such proposed measures or documents published  under 
paragraphs  14 or 15 of this Section.  
17. To the extent practicable and in a manner consistent  with its legal system for adopting 
measures, each Member  shall consider comments received under paragraph 16 of this 
Section.12  
18. In publishing a law or regulation referred to in paragraph 14 (a) of this Section, or in advance 
of such publication, to the e xtent practicable and in a manner consistent with its legal system 
for adopting measures, a Member is encouraged to explain the purpose and rationale of the 
law or regulation.  
19. Each Member shall, to the extent practicable, endeavour to allow reasonable tim e between 
publication of the text of a law or regulation referred to in paragraph 14 (a) of this Section 
and the date on which service suppliers must comply with the law or regulation.  
Enquiry Points  
20. Each Member shall maintain or establish appropriate mechanisms for responding to enquiries 
from service suppliers or persons seeking to supply a service regarding the  measures referred 
to in paragraph 1 of this Section.13 A Member may choose to address such enquiries through 
either the enquiry  and contact points established under Articles III and IV of the Agreement 
or any other mechanisms as appropriate.  
Technical Standards  
21. Each Member shall encourage its competent author ities, when adopting technical standards, 
to adopt technical standards developed through open and transparent processes, and shall 
encourage any body, including relevant international organizations14, designated to develop 
technical standards to use open a nd transparent processes.  
Development of Measures  
22. If a Member  adopts or maintains measures relating to  the authorization  for the supply of a 
service, the Member shall ensure that:  
(a) such measures are based on objective and transparent criteria15; 
(b) the procedures are impartial, and that the procedures are adequate for applicants to 
demonstrate whether they meet the requirements, if such requirements exist;  
 
12 This provision is without prejudice to the final decision of a Member that adopts or maintains any 
measure for authori zation for the supply of a service.  
13 It is understood that resource constraints may be a factor in determining whether a mechanism for 
responding to enquiries is appropriate.  
14 The term "relevant international or ganizations" refers to international bodies whose membership is 
open to the relevant bodies of at least all Members of the WTO.  
15 Such criteria may include, inter alia , competence and the ability to supply a service, including to do so 
in a manner consiste nt with a Member 's regulatory requirements, such as health a nd environmental  
requirements.  Competent authorities may assess the weight to be given to e ach criterion.  GATS/SC/39/Suppl.4  
 
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  - 7 - (c) the procedures do not in themselves unjustifiably prevent the fulfilment of 
requirements; and  
(d) such measures do not discriminate between men and women.16 
__________  
 
16 Differential treatment that is reasonable and objective, and aims to achieve a legitimat e purpose, and 
adoption by Members of temporary special measures aimed at accelerating de facto equality  between men and 
women , shall not be considered discrimination for the purposes of this provision.