RESTRICTED  WORLD TRADE  
ORGANIZATION  GPA/MOD/HKG/2 
7 February 2005 
 
 (05-0484) 
Committee on Government Procurement Original:   English 
  
 
 
PROPOSED MODIFICATIONS TO APPENDIX I OF HONG KONG, CHINA  
 
Communication from Hong Kong, China pursuant to Article XXIV:6(a)
1 of the GPA  
 
 
  The following communication, dated 3 Februa ry 2005, from the Delegation of Hong Kong, 
China is being circulated to the Parties to  the Agreement on Government Procurement. 
 
_______________  
 
  1. Pursuant to paragraph 6(a) of Article XXIV of the Agreem ent on Government Procurement 
(1994), Hong Kong, China hereby notifies the Committee on Government Procurement of the 
following modifications of a purely formal or minor  nature relating to Appendix I of the Agreement: 
  (a) Delete the following from Annex 1:    - Hospital Services Department 
  - Technical Education and Industrial Training Department. 
  (b) Delete the word "Central" from the title of Annex 1;  replace the word "Sub-central" 
in the title of Annex 2 with "Government";   and replace the note "Non-applicable for 
Hong Kong, China (Hong Kong, China does not have any sub-central entities)" in 
Annex 2 with "Hong Kong, China has no Annex 2 entities". 
 
 (c) Delete paragraph 2 from the General No tes to Appendix I;  and replace "Hong Kong 
Government" in paragraph 4 of the Gene ral Notes to Appendix I with "Hong Kong, 
China". 
 
2. The above modifications arise from the following: 
  (a) The Hospital Services Department w as disbanded on 1 April 1999, with all its 
functions, including procurement functions, taken up by the Department of Health  
which is already listed in Annex 1 of Appendix I of the Agreement. 
                                                     
 
 1 Article XXIV:6(a) reads as follows:  Rectifications or  Modifications   (a) Rectifications, transfers of an entity 
from one Annex to another or, in exceptional cases, other modifi cations relating to Appendices I through IV shall be notified 
to the Committee, along with information as to the likely cons equences of the change for the mutually agreed coverage 
provided in this Agreement.  If the rectifications, transfers or  other modifications are of a pur ely formal or minor nature, th ey 
shall become effective provided there is no objection within 30 days.  In other case s, the Chairman of the Committee shall 
promptly convene a meeting of the Committee.  The Committee shall consider the proposal and any claim for compensatory 
adjustments, with a view to maintaini ng a balance of rights and obligations and a comparable level of mutually agreed 
coverage provided in this Agreement prior to such notification.   In the event of agreement not being reached, the matter may 
be pursued in accordance with the provisions contained in Article XXII. GPA/MOD/HKG/2 
Page 2  
 
  
 (b) The Technical Education and Industr ial Training Department was disbanded on 
1 April 1999, with all its functions, including procuremen t functions, taken up by the 
Education Department.  As notified to the Committee vide GPA/W/256, dated 5 March 2003, and certified by the Directo r-General of the WTO vide WT/Let/444, 
dated 30 April 2003, the Education Departme nt was merged with the Education and 
Manpower Bureau of the Government Secret ariat on 28 February 2003, with all the 
procurement functions of the Education Department taken up by the Government 
Secretariat, which is already listed in Annex 1 of Appendix I of the Agreement. 
 
 (c) Hong Kong, China does not have a two- tier system of government.  The textual 
modifications described in paragraph 1( b) above are to reflect this fact. 
  (d) Paragraph 2 of the General Notes to Appe ndix I is no longer applicable, following the 
implementation of an agreement dated 20 January 1998 between the Government and 
the Hong Kong Telecommunications Interna tional Ltd. (HKTI), which provided for 
the early surrender of the HKTI licence refe rred to in paragraph 2 of the General 
Notes on 31 March 1998.  The opportunity is al so taken to fine-tune paragraph 4 of 
the General Notes to Appendix I. 
 3. All the above modifications do not alter the leve l of mutually agreed coverage provided in the 
Agreement. 
 4. Accordingly, Annexes 1 and 2 and the Genera l Notes of Appendix I of Hong Kong, China 
should be modified as in Attachment A to this doc ument (red-lined version).  Attachment B shows the 
relevant pages of the loose-leaf system as they  would look after the acceptance of the modifications.
2 
 
                                                      
2 The Attachments are in English only.  GPA/MOD/HKG/2 
 Page 3 
 
 
 
5 August 2004 (WT/Let/476)  ATTACHMENT A 
 
HONG KONG, CHINA  
 
ANNEX 1 
 
Central Government Entities which Procure in Accordance 
With the Provisions of this Agreement  
 
 
 
Supplies  
 
Threshold : 130,000 SDR for goods and services other than construction services 
  5,000,000 SDR for construction services 
 
List of Entities : 
 1. Agriculture, Fisheries and Conservation Department 
2. Architectural Services Department 3. Audit Commission 
4. Auxiliary Medical Services 
5. Buildings Department 6. Census and Stat istics Department 
7. Civil Aid Services 8. Civil Aviation Department 
9. Civil Engineering and Development Department 
10. Companies Registry 11. Correctional Services Department 12. Customs and Excise Department 13. Department of Health 14. Department of Justice 
15. Drainage Services Department 
16. Electrical and Mechanic al Services Department 
17. Environmental Protection Department 18. Fire Services Department 19. Food and Environmental Hygiene Department 
20. Government Flying Service 
21. Government Laboratory 22. Government Logistics Department 23. Government Property Agency 24. Government Secretariat 25. Highways Department 
26. Home Affairs Department 
27. Hong Kong Monetary Authority 28. Hong Kong Observatory 29. Hong Kong Police Force (including Ho ng Kong Auxiliary Police Force) 
30.
 Hospital Services Departme nt 
31.30. Immigration Department 
32.31. Independent Commission Against Corruption 
33.32. Information Services Department 
34.33. Inland Revenue Department GPA/MOD/HKG/2 
Page 4  
 
 
5 August 2004 (WT/Let/476)
 35.34. Intellectual Property Department 
36.35. Invest Hong Kong 
37.36. Joint Secretariat for the Advisory Bodies on Civil Servic e and Judicial Salaries and Conditions 
of Service 
38.37. Judiciary 
39.38. Labour Department 
40.39. Land Registry 
41.40. Lands Department 
42.41. Legal Aid Department 
43.42. Leisure and Cultural Services Department 
44.43. Marine Department 
45.44. Office of the Ombudsman 
46.45. Office of the Telecommunications Authority 
47.46. Official Receiver's Office 
48.47. Planning Department 
49.48. Post Office 
50.49. Public Service Commission 
51.50. Radio Television Hong Kong 
52.51. Rating and Valuation Department 
53.52. Registration and Electoral Office 
54.53. Secretariat, Independent Police Complaints Council 
55.54. Secretariat, Universi ty Grants Committee 
56.55. Social Welfare Department 
57.56. Student Financial Assistance Agency 
58. Technical Education and Industria l Training Department  
59.57. Television and Entertai nment Licensing Authority 
60.58. Trade and Industry Department 
61.59. Transport Department 
62.60. Treasury 
63.61. Water Supplies Department 
   GPA/MOD/HKG/2 
 Page 5 
 
 
 
1 March 2000 (WT/Let/ 330)  
ANNEX 2 
 
Sub-Central Government Entities which Procure in Accordance 
With the Provisions of this Agreement  
 
  Non
-applicable for Hong Kong, China (Hong Kong, China does not have any sub -central entities).  
Hong Kong, China has no Annex 2 entities.  
 GPA/MOD/HKG/2 
Page 6  
 
 
1
 March 2000 (WT/Let/ 330)  
GENERAL CONDITIONS APPLICABLE TO ENTITIES AND SERVICES 
SPECIFIED IN ANNEXES 1 TO 5 
  
1. Notwithstanding anything in the Annexes 1-5, the Agreement shall not apply to: 
  - All consultancy and franchise arrangements   - Transportation of mail by air 
 
 - Statutory insurances including third party liab ility in respect of vehicles and vessels and 
employer's liability insuranc e in respect of employees 
  - Purchase of office or residential acco mmodation by the Government Property Agency. 
 
2.
 Hong Kong's commitments on teleco mmunications services are subjec t to the terms of the 
licence held by Hong Kong Telecommunicat ions International Ltd. (HKTI) until 
30 September  2006 for the exclusive provision of extern al telecommunications circuits and 
certain external telecommunications services.  The exclusive servic es covered by the licence are 
listed below.  
 
 (a) Circuits by radio for the provision of ex ternal public telecomm unications services.  
  
(b) The operation of circuits by submarine ca ble for the provision of external public 
telecommunications services.  
 
 (c) External and internal Public Telegram Service.  
  
(d) External and internal Public Telex Service.  
  
(e) External public telephone services to subs cribers to the Public Switched Telephone 
Network by radio, submarine cable and such overland cables as are aut horized.  
  
(f) External dedicated and leased telephone circu it services by radio, submarine cable and 
such overland cables as are authorized.  
 
 (g) External dedicated and leased circuits for - 
  
  telegraph  
   data 
   facsimile.  
 
 (h) Hong Kong coast stati ons and coast earth stations of the Maritime Mobile service and 
Maritime Mobile - Satellite Service.  
  GPA/MOD/HKG/2 
 Page 7 
 
 
 
1 March 2000 (WT/Let/ 330)  (i) Hong Kong Aeronautical Stations  of the Aeronautical Mobile Service and Aeronautical  
Mobile - Satellite Service for radio communications services be tween aircraft operating 
agencies and their aircraft in flight.  
  
(j) International telecommunications servic es routed in transit via Hong Kong.  
 
 (k) Except to the extent that the Governor -in-Council may from time to time otherwise in 
writing direct, exte rnal television and voice programme  transmission services to and 
from Hong Kong.  
 
3.2. Operators of telecommunications services may require licensing under the Telecommunication 
Ordinance.  Operators applying for the licences are required to be established in Hong Kong 
under the Companies Ordinance. 
 4.
3. Hong Kong Government Hong Kong, China shall not be obliged to permit the supply of such 
services cross-border, or through commercial pr esence or the presence of natural persons. 
 5.
4. The following services are excluded fr om the Financial Services under Annex 4 
  1.  CPC 81402  
 
  Insurance and pension consultancy services 
  2.  CPC 81339  
   Money broking 
 
 3.  CPC 8119+81323  
   Asset management, such as cash or por tfolio management, all forms of collective 
investment management, pension fund mana gement, custodial depository and trust 
services. 
 
 4.  CPC 81339 or 81319  
   Settlement and clearing services for fina ncial assets, including securities, derivative 
products, and other negot iable instruments. 
 
 5.  CPC 8131 or 8133  
   Advisory and other auxiliary financial services on all the activities listed in 
subparagraphs 5(a)(v) to (xvi) in the A nnex on Financial Services in the General 
Agreement on Trade in Services, including credit reference and analysis, investment 
and portfolio research and advice, advice on acquisitions and on corporate restructuring 
and strategy. 
 GPA/MOD/HKG/2 
Page 8  
 
 
1
 March 2000 (WT/Let/ 330)  6.  CPC 81339+81333+81321  
   Trading for own account or for account of  customers, whether on an exchange, in an 
over-the-counter market or otherwise, the following: 
 
  - money market instruments (cheques, bills, certificate of deposits, etc.) 
   - foreign exchange    - derivative products including, but  not limited to futures and options 
 
  - exchange rate and interest rate inst ruments, including products such as swaps, 
forward rate agreement, etc. 
   - transferable securities 
 
  - other negotiable instruments a nd financial assets , including bullion. 
   GPA/MOD/HKG/2 
 Page 9 
 
 
 
... 2005 (WT/Let/...)  ATTACHMENT B 
 
HONG KONG, CHINA  
 
ANNEX 1 
 
Government Entities which Procure in Accordance 
With the Provisions of this Agreement  
 
 
 
Supplies  
 
Threshold : 130,000 SDR for goods and services other than construction services 
  5,000,000 SDR for construction services 
 
List of Entities : 
 1. Agriculture, Fisheries a nd Conservation Department 
2. Architectural Services Department 
3. Audit Commission 
4. Auxiliary Medical Services 
5. Buildings Department 
6. Census and Statistics Department 
7. Civil Aid Services 
8. Civil Aviation Department 
9. Civil Engineering and Development Department 
10. Companies Registry 
11. Correctional Services Department 
12. Customs and Excise Department 
13. Department of Health 
14. Department of Justice 
15. Drainage Services Department 
16. Electrical and Mechanical Services Department 
17. Environmental Protection Department 
18. Fire Services Department 
19. Food and Environmental Hygiene Department 
20. Government Flying Service 
21. Government Laboratory 
22. Government Logistics Department 
23. Government Property Agency 
24. Government Secretariat 
25. Highways Department 
26. 
Home Affairs Department 
27. Hong Kong Monetary Authority 
28. Hong Kong Observatory 
29. Hong Kong Police Force (including Hong  Kong Auxiliary Police Force) 
30. Immigration Department 
31. Independent Commission Against Corruption 
32. Information Services Department 
33. Inland Revenue Department 
34. Intellectual Property Department GPA/MOD/HKG/2 
Page 10  
 
 
... 2005 (WT/Let/...)
 35. Invest Hong Kong 
36. Joint Secretariat fo r the Advisory Bodies on Civil Service and Judicial Salari es and Conditions 
of Service 
37. Judiciary 
38. Labour Department 
39. Land Registry 
40. Lands Department 
41. Legal Aid Department 
42. Leisure and Cultural Services Department 
43. Marine Department 
44. Office of the Ombudsman 
45. Office of the Telecommunications Authority 
46. Official Receiver's Office 
47. Planning Department 
48. Post Office 
49. Public Service Commission 
50. Radio Television Hong Kong 
51. Rating and Valuation Department 
52. Registration and Electoral Office 
53. Secretariat, Independent Police Complaints Council 
54. Secretariat, Universi ty Grants Committee 
55. Social Welfare Department 
56. Student Financial Assistance Agency 
57. Television and Entertainm ent Licensing Authority 
58. Trade and Industry Department 
59. Transport Department 
60. Treasury 
61. Water Supplies Department  GPA/MOD/HKG/2 
 Page 11 
 
 
 
... 2005 (WT/Let/...)   
ANNEX 2 
 
Government Entities which Procure in Accordance 
With the Provisions of this Agreement  
 
  Hong Kong, China has no Annex 2 entities.  GPA/MOD/HKG/2 
Page 12  
 
 
... 2005 (WT/Let/...)
  
GENERAL CONDITIONS APPLICABLE TO ENTITIES AND SERVICES 
SPECIFIED IN ANNEXES 1 TO 5 
  
1. Notwithstanding anything in the Annexes 1-5, the Agreement shall not apply to: 
  - All consultancy and franchise arrangements   - Transportation of mail by air 
 
 - Statutory insurances including third party liab ility in respect of vehicles and vessels and 
employer's liability insuranc e in respect of employees 
  - Purchase of office or residential acco mmodation by the Government Property Agency. 
 
2. Operators of telecommunications services may require licensing under the Telecommunication 
Ordinance.  Operators applying for the licences are required to be established in Hong Kong 
under the Companies Ordinance. 
 3. Hong Kong, China shall not be obliged to permit  the supply of such services cross-border, or 
through commercial presence or th e presence of natural persons. 
 4. The following services are excluded fr om the Financial Services under Annex 4 
  1.  CPC 81402  
 
  Insurance and pension consultancy services   2.  CPC 81339  
   Money broking 
 
 3.  CPC 8119+81323  
   Asset management, such as cash or por tfolio management, all forms of collective 
investment management, pension fund mana gement, custodial depository and trust 
services. 
  4.  CPC 81339 or 81319  
   Settlement and clearing services for fina ncial assets, including securities, derivative 
products, and other negot iable instruments.  GPA/MOD/HKG/2 
 Page 13 
 
 
 
... 2005 (WT/Let/...)   
 5.  CPC 8131 or 8133  
   Advisory and other auxiliary financial services on all the activities listed in 
subparagraphs 5(a)(v) to (xvi) in the A nnex on Financial Services in the General 
Agreement on Trade in Services, including credit reference and analysis, investment 
and portfolio research and advice, advice on acquisitions and on corporate restructuring 
and strategy. 
  6.  CPC 81339+81333+81321  
 
  Trading for own account or for account of  customers, whether on an exchange, in an 
over-the-counter market or otherwise, the following: 
   - money market instruments (cheques, bills, certificate of deposits, etc.) 
 
  - foreign exchange    - derivative products including, but  not limited to futures and options 
   - exchange rate and interest rate inst ruments, including products such as swaps, 
forward rate agreement, etc. 
   - transferable securities    - other negotiable instruments a nd financial assets , including bullion. 
 
__________