WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIORESTRICTED 
GPA/O/V/HKG/2 
6 March 2012 
 (12-1282) 
Committee on Government Procurement Original:   English/ 
 anglais/  inglés 
 
  
VERIFICATION OF THE RESULTS OF THE NEGOTIATIONS  
UNDER ARTICLE XXIV:7 OF THE AGREEMENT  
ON GOVERNMENT PROCUREMENT 
 
Communication from Hong Kong, China
1 
 
 
 The following submission, dated 5 March 2012, is being circulated at the request of the 
Delegation of Hong Kong, China. 
 
 Comité des marchés publics  
 
 
VÉRIFICATION DES RESULTATS DES NEGOCIATIONS 
AU TITRE DE L'ARTICLE XXIV:7 DE L'ACCORD 
SUR LES MARCHÉS PUBLICS 
 
Communication de Hong Kong, Chine
1 
  
 La communication ci-après, datée du 5 mars 2012, est distribuée à la demande de la délégation de Hong Kong, Chine. 
 
 Comité de Contratación Pública 
 
 
VERIFICACIÓN DE LOS RESULTADOS DE LAS NEGOCIACIONES 
PREVISTAS EN EL PÁRRAFO 7 DEL ARTÍCULO XXIV 
DEL ACUERDO SOBRE CONTRATACIÓN PÚBLICA 
 
Comunicación de Hong Kong, China
1 
   La siguiente comunicación, de fecha 5 de ma rzo de 2012, se distribuye a petición de la 
delegación de Hong Kong, China. 
                                                      
1 In English only./En anglais seulement./En ingles solamente.     GPA/O/V/HKG/2 
 Page 3 
 
 
  DRAFT RECTIFIED  FINAL OFFER OF HONG KONG, CHINA 
  
  To contribute to the full conclusion of the negotiations under Article XXIV:7 of the 
Agreement on Government Procurement, Hong Kong, China is pleased to present its draft rectified 
final offer.  The changes marked in this draft r ectified final offer represent purely textual amendments, 
without affecting the coverage be ing offered by Hong Kong, China in its final offer (GPA/O/HKG/3) 
circulated on 7 December 2011. 
  Any change as compared to the final offer of  Hong Kong, China is refl ected in track changes 
mode (strikeout and underlining).  Ex planations are provided in boxes. 
 
 Hong Kong, China reserves its rights to withdraw  or amend this offer at any time during the 
verification/review pr ocess in the light of further developmen ts, including revisions made by other GPA 
Parties. 
  Hong Kong, China reaffirms its commitments to a successful ac hievement of the negotiations 
on extension of coverage and elimination of  discriminatory meas ures and practices. 
 GPA/O/V/HKG/2 
Page 4  
 
  HONG KONG, CHINA 
 
(Authentic in the English Language only) 
  
ANNEX 1 
 
Central Government Entities which Procure in Accordance 
With the Provisions of this Agreement 
 
 
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 Service  5. Buildings Department 
6. Census and Stat istics Department 
7. Chief Executive's Office (Note 1) 
8. Civil Aid Service  9. Civil Aviation Department 10. Civil Engineering and Development Department 
11. Companies Registry 
12. Correctional Services Department 13. Customs and Excise Department 14. Department of Health 15. Department of Justice 16. Drainage Services Department 
17. Electrical and Mechanical Services Department 
18. Environmental Protection Department 19. Fire Services Department 20. Food and Environmental Hygiene Department 21. Government Flying Service 
22. Government Laboratory 
23. Government Logistics Department 24. Government Property Agency 25. Government Secretariat 26. Highways Department 27. Home Affairs Department 
28. Hong Kong Monetary Authority 
29. Hong Kong Observatory 30. Hong Kong Police Force (including Ho ng Kong Auxiliary Police Force) 
31. Hongkong Post 32. Immigration Department 
33. Independent Commission Against Corruption 
34. Independent Police Complaints Council Th is entity is moved up from item 55. 
3435. Information Services Department  GPA/O/V/HKG/2 
 Page 5 
 
 
  3536. Inland Revenue Department 
3637. Intellectual Pr operty Department 
3738. Invest Hong Kong 
3839. Joint Secretariat for the Advisory Bodies on Civil Service and Judicial Salari es and Conditions 
 of Service 
3940. Judiciary 
4041. Labour Department 
4142. Land Registry 
4243. Lands Department 
4344. Legal Aid Department 
4445. Leisure and Cultural Services Department 
4546. Marine Department 
4647. Office of the Ombudsman 
4748. Office of the Telecommunications Authority 
4849 . Official Receiver's Office 
4950. Planning Department 
5051. Public Service Commission 
5152. Radio Television Hong Kong 
5253. Rating and Valuation Department 
5354. Registration and Electoral Office 
5455. Secretariat, Commissione r on Interception of Commun ications and Surveillance 
55. Independent Police Complaints Council This entity is moved up to item 34. 
56. Secretariat, University Grants Committee  Updating the name of entity, see item 62. 
5756. Social Welfare Department 
5857. Student Financial Assistance Agency 
5958. Television and Entertai nment Licensing Authority 
6059. Trade and Industry Department 
6160. Transport Department 
6261. Treasury 
62. University Grants Committee Secretariat 
63. Water Supplies Department 
 
 Note to Annex 1 
 
 Chief Executive's Office:  This Agreement do es not cover the procurement of armoured car 
services (CPC 87304) and telecommunications and related services (CPC 752+754) by the Chief 
Executive's Office. GPA/O/V/HKG/2 
Page 6  
 
  ANNEX 2 
 
Government Sub-Central Entities wh ich Procure in Accordance 
With the Provisions of this Agreement 
 
 
 Hong Kong, China has no Annex 2 entities.  GPA/O/V/HKG/2 
 Page 7 
 
 
  ANNEX 3 
 
All Other Entities which Procure in Accordance 
With the Provisions of this Agreement 
 
 
Threshold : 400,000 SDR for goods and services other than construction services 
 5,000,000 SDR for construction services 
  List of Entities : 
1. Housing Authority and Housi ng Department Airport Authority 
2. Hospital Authority 
3. Airport Authority Housing Au thority and Housing Department 
4. MTR Corporation Limited Ko wloon-Canton Railway Corporation 
5. Kowloon-Canton Railway Corpor ation MTR Corporation Limited 
 
This list is now put in alphabetical order. GPA/O/V/HKG/2 
Page 8  
 
  ANNEX 4 
 
Goods 
 
 
 This Agreement applies to covers procurement of all goods by the entities listed in Annexes 1 
and 3.  GPA/O/V/HKG/2 
 Page 9 
 
 
  ANNEX 5 
 
Services 
 
 
 The This Agreement covers the following services, classified according to which are identified 
in accordance with the United Nations Provisional Central Product Classification (CPC) are  covered and 
that is found at:  http://unstats.un.org/unsd/cr/registry/regcst.asp?Cl=9&Lg=1 : 
 CPC  CPC 
1. Computer and Related Services   
- Data base and processing services 843+844 - Maintenance and repair service of office 
machinery and equipment including computers 845 
- Other Ccomputer Sservices 
849 
2. Rental/Leasing Services Without Operators   
- Relating to ships 83103 - Relating to aircraft 83104 
- Relating to other transport equipment 83101+83102+83105 
- Relating to other machinery and equipment 83106+83109 3. Other Business Services   
- Maintenance and repair of equipment (not 
including maritime vessel s, aircraft or other 
transport equipment) 633+8861-8866 
- Market Rresearch & Ppublic Oopinion Ppolling 
Sservices 864 
- Armoured Ccar Sservices 87304 (Note 1) 
- Building-Ccleaning Sservices 874 
- Advertising Sservices 871 
- Services incidental to forestry and logging 8814 
- Services incidental to mining 883 4. Courier Services  7512  
5. Telecommunications and Related Services  (Provisions of certain types of service may 
require licensing under the 
Telecommunication Ordinance) (Note 1) 
- Telecommunications services 752 
- Telecommunications-r elated services 754 
6. Environmental Services   
- Sewage services 9401 - Refuse disposal services 9402 GPA/O/V/HKG/2 
Page 10  
 
  - Sanitation and si milar services 9403 
- Cleaning services of exhaust gases 9404 - Nature and landscape protection services 9406 
7. Financial Services  ex 81 
(exceptions are set out in paragraph 4 of 
Annex 7 Note 2) 
- All Iinsurance and Iins urance-Rrelated Sservices  
- Banking and other financial services  
8. Transport Services   
- Air transportation services 
 (excluding trans portation of mail) 731, 732, 734 
- Road transport services 712, 6112, 8867 
  
Notes to Annex 5  
1. This Agreement does not cover the procurement by  Chief Executive's Office of these services.  
Operators of telecommunications and relate d 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. 
This note is moved from Note 2 to Annex 7 (General Notes). 
2. This Agreement does not cove r the following Financial Services: 
1. CPC 81402  
Insurance and pension consultancy services 
2. CPC 81339  
Money broking 
3. CPC 8119+81323  
Asset management, such as cash or portf olio 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 se rvices on all the activities listed in 
subparagraphs 5(a)(v) to (xvi) in the A nnex on Financial Services to the General 
Agreement on Trade in Services, including credit reference and analysis, investment  GPA/O/V/HKG/2 
 Page 11 
 
 
  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 instru ments, including products such as swaps, 
forward rate agreement, etc.; 
- transferable securities;  and 
- other negotiable instruments and financial assets, including bullion. 
This note is moved from Note 4 to Annex 7.  The ch apeau of this Note has been modified to fit in the 
context of this Annex. GPA/O/V/HKG/2 
Page 12  
 
  ANNEX 6 
 
Construction Services 
 
 Definition : 
 A construction services contract is a contract  which has as its objective the realization by 
whatever means of civil or building works, in the se nse of Division 51 of the United Nations Provisional 
Central Product Classification (CPC). 
 
 
List of Division 51 CPC 
 
 This Agreement covers Aall construction servi ces of Division 51 of the CPC United Nations 
Provisional Central Pr oduct Classification. 
Threshold : 5,000,000 SDR  GPA/O/V/HKG/2 
 Page 13 
 
 
  ANNEX 7 
 
General Notes 
 
GENERAL CONDITIONS APPLICABLE TO ENTITIES AND SERVICES 
SPECIFIED IN ANNEXES 1 TO 6 
1. Notwithstanding anything in Annexes 1-6, tThis Agreement does not apply to cover: 
- All consultancy and franchise arrangements; 
- Transportation of mail by air;  and 
- Statutory insurances including third party liab ility in respect of vehicles and vessels and 
employer's liability insurance in respect of employees. 
2. Operators of telecommunications services may require licensing under the Telecommunication 
Ordinance.  Operators applying fo r the licences are required to be established in Hong Kong under the 
Companies Ordinance. 
This note is moved to Note 1 to Annex 5 (Services). 
32. Hong Kong, China shall not be obliged to perm it the supply of such services covered by this 
Agreement cross-border, or through commercial pr esence or the presence of natural persons. 
4. The following services are excluded fr om the Financial Services under Annex 5: 
1. CPC 81402  
Insurance and pension consultancy services 
2. CPC 81339  
Money broking 
3. CPC 8119+81323  
Asset management, such as cash or portf olio 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 financ ial assets, including securities, derivative 
products, and other negot iable instruments. 
5. CPC 8131 or 8133  
Advisory and other auxiliary financial se rvices 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/O/V/HKG/2 
Page 14  
 
  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 instru ments, including products such as swaps, 
forward rate agreement, etc. 
- transferable securities 
- other negotiable instruments and financial assets, including bullion. 
This note is moved to Note 2 to Annex 5 (Services). 
 
 
__________