WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  RESTRICTED 
GPA/O/HKG/3 
7 December 2011  
 
(11-6351) 
Committee on Government Procurement Original:   English/ 
 anglais/  inglés 
  
 
NEGOTIATIONS ON EXTENSION OF COVERAGE AND ELIMINATION OF  
DISCRIMINATORY MEASURES AND PRACTICES PURSUANT TO  
ARTICLE XXIV:7(b) AND (c) OF THE AGREEMENT  
ON GOVERNMENT PROCUREMENT 
 
Communication from Hong Kong, China
* 
 
Final Offer 
 
 The following communication, dated 6 December 2011, is being circulated at the request of 
the Delegation of Hong Kong, China. 
 
 
Comité des marchés publics  
 
NÉGOCIATIONS SUR L'EXTENSION DE LA PORTÉE DE L'ACCORD ET 
L'ÉLIMINATION DES MESURES ET PRATIQUES DISCRIMINATOIRES 
AU TITRE DE L'ARTICLE XXIV: 7 b) ET c) DE L'ACCORD 
SUR LES MARCHÉS PUBLICS 
 
Communication de Hong Kong, Chine* 
 
Offre Finale 
 
 La communication ci-après, datée du 6 décemb re 2011, est distribuée à la demande de la 
délégation de Hong Kong, Chine. 
 
 
Comité de Contratación Pública 
 
AMPLIACIÓN DEL ÁMBITO DE APLICACIÓN Y LA ELIMINACIÓN DE LAS 
MEDIDAS Y PRÁCTICAS DISCRIMINATORIAS EN CONFORMIDAD 
CON EL PÁRRAFO 7 b) Y c) DEL ARTÍCULO XXIV DEL 
ACUERDO SOBRE CONTRATACIÓN PÚBLICA 
 
Comunicación de Hong Kong, China* 
 
Oferta Final 
 
 La siguiente comunicación, de fecha de 6 dici embre de 2011, se distribuye a petición de la 
delegación de Hong Kong, China.  
                                                      
* In English only./En anglais seulement./En inglés solamente.  
  GPA/O/HKG/3 
 Page 3 
 
 
FINAL OFFER OF HONG KONG, CHINA 
 To contribute to the conclusion of the ne gotiations under Article XXIV:7 of the Agreement 
on Government Procurement, Hong Kong, China is pleased  to present its final offer.  This final offer 
is the same as the pre-final offer (GPA/O/HKG/2) circulated on 18 October 2011.  To recapitulate, the 
improvements from our current commitments include: 
(1) the addition of Chief Executive's Office;   and Secretariat, Commissioner on 
Interception of Communications and Surve illance to its Annex 1 coverage;  and 
(2) the addition of four sub-sectors of telecommunications services;  services incidental 
to forestry and logging;  services incide ntal to mining;  sanitation and similar 
services;  cleaning services of exhaust gases;  and nature and landscape protection 
services to its Annex 5 coverage. 
 Any change as compared to the current commitm ents of Hong Kong, China is reflected in track 
changes mode (bold, strikeout and underlini ng).  Explanations are provided in boxes. 
 Hong Kong, China reserves its rights to withdraw  or amend this offer at any time during the 
course of negotiations in the light of further deve lopments, including offers from the other GPA Parties 
and a positive outcome on the outsta nding text-related matters. 
 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/HKG/3 
Page 4  
 
HONG KONG, CHINA 
 
(Authentic in the English Language only) 
  
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 and Conservation Department 
2. Architectural Services Department 3. Audit Commission 
4. Auxiliary Medical Service s Updating the name of entity 
5. Buildings Department 
6. Census and Stat istics Department 
7. Chief Executive's Office (Note 1)  
7.8. Civil Aid Service s Updating the name of entity  
8.9. Civil Aviation Department 
9.10.  Civil Engineering and Development Department 
10.11.  Companies Registry 
11.12.  Correctional Services Department 
12.13.  Customs and Excise Department 
13.14.  Department of Health 
14.15.  Department of Justice 
15.16.  Drainage Services Department 
16.17.  Electrical and Mechanical Services Department 
17.18.  Environmental Protection Department 
18.19.  Fire Services Department 
19.20.  Food and Environmental Hygiene Department 
20.21.  Government Flying Service 
21.22.  Government Laboratory 
22.23.  Government Logistics Department 
23.24.  Government Property Agency 
24.25.  Government Secretariat 
25.26.  Highways Department 
26.27.  Home Affairs Department 
27.28.  Hong Kong Monetary Authority 
28.29.  Hong Kong Observatory 
29.30.  Hong Kong Police Force (including Ho ng Kong Auxiliary Police Force) 
31. Hongkong Post  Updating the name of entity 
30.32.  Immigration Department 
31.33.  Independent Commission Against Corruption 
32.34.  Information Services Department  GPA/O/HKG/3 
 Page 5 
 
 
33.35.  Inland Revenue Department 
34.36.  Intellectual Property Department 
35.37.  Invest Hong Kong 
36.38.  Joint Secretariat for the Advisory Bodies on Civil Servic e and Judicial Sala ries and Conditions 
 of Service 
37.39.  Judiciary 
38.40.  Labour Department 
39.41.  Land Registry 
40.42.  Lands Department 
41.43.  Legal Aid Department 
42.44.  Leisure and Cultural Services Department 
43.45.  Marine Department 
44.46.  Office of the Ombudsman 
45.47.  Office of the Telecommunications Authority 
46.48.  Official Receiver's Office 
47.49.  Planning Department 
48. Post Office  Updating the name of entity to "Hongkong Post", see item 31 
49.50.  Public Service Commission 
50.51.  Radio Television Hong Kong 
51.52.  Rating and Valuation Department 
52.53.  Registration and Electoral Office 
54. Secretariat, Commissioner on Intercep tion of Communications and Surveillance  
53.55. Secretariat, Independent Police Complaints C ouncil Updating the name of entity  
54.56.  Secretariat, University Grants Committee 
55.57.  Social Welfare Department 
56.58.  Student Financial Assistance Agency 
57.59.  Television and Entertai nment Licensing Authority 
58.60.  Trade and Industry Department 
59.61.  Transport Department 
60.62.  Treasury 
61.63.  Water Supplies Department 
 
 Note to Annex 1 
 
 Chief Executive's Office:  This Agreement does not cover the procurement of armoured 
car services (CPC 87304) and telecommunications and rela ted services (CPC 752+754). GPA/O/HKG/3 
Page 6  
 
ANNEX 2 
Government Entities which Procure in Accordance 
With the Provisions of this Agreement  
 Hong Kong, China has no Annex 2 entities.  GPA/O/HKG/3 
 Page 7 
 
 
ANNEX 3 
All Other Entities which Procure in Accordance 
With the Provisions of this Agreement  
Threshold : 400,000 SDR for supplies goods  and services other than construction services 
 5,000,000 SDR for construction services 
List of Entities : 
1. Housing Authority and Housing Department 
2. Hospital Authority 3. Airport Authority 4. MTR Corporation Limited 5. Kowloon-Canton Railway Corporation GPA/O/HKG/3 
Page 8  
 
ANNEX 4 
Goods  
 This Agreement applies to procurement of a ll goods by the entities listed in Annexes 1 
and 3.  GPA/O/HKG/3 
 Page 9 
 
 
ANNEX 45 
Services  
 The following services, classified according to the United Nations Provisional Central Product 
Classification (CPC)  Code on Goods and Services,  will be are covered: 
 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 Computer Services 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 Research & Public Opinion Polling 
Services 864 
- Security Armoured Car Services 
To adopt the description used in CPC 
without changing the scope of commitment 87304  (Note 1)  
- Building-Cleaning Services 874 
- Advertising Services 871 
- Services incidental to forestry and logging 8814  
- Services incidental to mining 883 
4. Courier Services  7512  For clarity's sake, the CPC is added 
without changing the scope of 
commitment 
5. Telecommunications  and Related Services  (Provisions of certain types of service may 
require licensing under the Telecommunication Ordinance) (Note 1)  
- Telecommunications services 752 
- Value-added telecommunications services 7523, 843  
- Basic telecommunications services  7521, 7529  
- Telecommunications-r elated services 754 GPA/O/HKG/3 
Page 10  
 
6. Environmental Services   
- Sewage services 9401 - Refuse disposal services 9402 
- Sanitation and similar 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)  
- All Insurance and Insurance-Related Services (exceptions are set out in paragraph 5 of 
General Conditions) 
- 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 
 
 
Note to Annex 5  
 This Agreement does not cover the procurement by Chief Executive's Office of these 
services.  GPA/O/HKG/3 
 Page 11 
 
 
ANNEX 56 
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 sense of Division 51 of the United Nations  
Provisional Central Product Classification (CPC). 
List of Division 51 CPC  
 All services of Division 51 of the CPC 
Threshold : 5,000,000 SDR GPA/O/HKG/3 
Page 12  
 
ANNEX 7 
General Notes  
GENERAL CONDITIONS APPLICABLE TO ENTITIES AND SERVICES 
SPECIFIED IN ANNEXES 1 TO 56 
1. Notwithstanding anything in the Annexes 1- 56, the this Agreement  shall does not apply to: 
- 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 insuranc e in respect of employees . 
- Purchase of office or residential accommodation by the Government Property 
Agency.  The exception has been provided for under Article II.3(a) of the revised GPA. 
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. 
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 from the Financial Services under Annex 45: 
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.  GPA/O/HKG/3 
 Page 13 
 
 
 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. 
 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. 
 
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