RESTRICTED  WORLD TRADE  
ORGANIZATION  TN/S/O/HKG/Rev.1 
16 June 2005 
 (05-2533) 
Council for Trade in Services 
Special Session Original:   English 
 
 
 
HONG KONG, CHINA 
 
Revised Offer on Services  
 
 The following revised offer h as been received from the delegation of Hong Kong, China, on 
8 June 2005, with the request that it be circulated  to Members of the Council for Trade in Services. 
  
_______________ 
 
 
1. In accordance with the Doha Work Progra mme adopted by the General Council on 
1 August 2004 (WT/L/579), Hong Kong, China submits  herewith its revised offer under the market 
access negotiation on trade in services.  The modifica tions to the consolidated Schedule of Specific 
Commitments are inscribed in accordance with th e editorial conventions as stipulated in the 
Secretariat documents JOB(02)/88 and JOB(05)/6. 
2. Hong Kong, China is firmly committed to ach ieving a substantive outcome in the on-going 
market access negotiations on trade in services, particularly in sectors and modes of supply of 
interests to developing country Members.  Build ing upon its initial offe r, Hong Kong, China is 
pleased to offer further improvements in the areas of movement of natural persons (mode 4), urban 
planning and landscape architectural services, mar itime transport services and freight transportation 
services in our revised offer.  In the areas of co mputer and related services, maritime transport 
services and logistics-related services, the offer is  made having regard to  the relevant sectoral 
initiatives and/or proposals submitted to the Special Session of the Council for Trade in Services by Members.  Other changes predominantly technical in nature aim at further enhancing the clarity, 
certainty and comparability of Hong Kong, China’s commitments. 
3. Hong Kong, China’s offer is conditiona l upon the overall outcome of the services 
negotiations, including the development of furthe r disciplines in the on-going negotiations on rule-
making under the General Agreement on Trade in Se rvices (GATS), and satisfactory offers from our 
trading partners with commitments meeting the interests of Hong Kong, China. 
4. Hong Kong, China reserves the rights to withdr aw, modify, or reduce the offer, in whole or 
in part, at any time prior to the conclusion of th e negotiations.  Hong Kong, China further reserves the 
right to make technical amendments to this offer a nd make corrections to rec tify any errors, omissions, 
or inaccuracies in this offer.  
  TN/S/O/HKG/Rev.1 
Page 2  
HONG KONG, CHINA – REVISED OFFERS 
 
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  
I.  HORIZONTAL COMMITMENTS 
ALL SECTORS INCLUDED 
IN THIS SCHEDULE with 
entries “Unbound except as 
indicated in Horizontal 
Commitments”  4) Unbound except for intra-corporate transfer of 
general managers, senior managers and specialists in 
sectors with entries "Unbound except as indicated in 
Horizontal Commitments", subject to the following 
conditions: 4) Unbound except as indicated in market 
access 
 
 (a) Definition of general managers, senior managers 
and specialists  
 i) General manager - the chief executive 
officer or equivalent who leads and directs 
an establishment in Hong Kong, China of a 
service supplier of a Member and who is 
personally responsible for the overall 
performance of the establishment in Hong 
Kong, China;  With respect to entry 
visas/permits for 
categories of personnel 
for which market 
access/national treatment 
commitments are made, 
the following information 
is available on the website 
of the visa/permit issuing 
authority:  
(a) relevant ordinances 
and regulations;  
(b) application 
procedures; and  
(c) pledge on processing 
time required on 
average where 
applicable.    TN/S/O/HKG/Rev.1
 Page 3Modes 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  
 ii) Senior manager - a person who directs the 
establishment in Hong Kong, China of a 
service supplier of a Member or a 
department of that establishment.  Such a 
person would normally supervise and 
control the work of other supervisory, 
professional or man agerial employees in 
Hong Kong, China; have the authority to 
hire and fire or reco mmend hiring, firing, 
or other personnel actions (such as 
promotion or leave authorization) in Hong 
Kong, China; exercise discretionary 
authority over day-to-day operations in 
Hong Kong, China; and be personally 
responsible to the general manager for the 
performance of a major part of the 
establishment in Hong Kong, China.  The 
term 'senior manager' does not include 
first-line supervisors, unless the employees 
supervised are professional; nor does it 
include employees who primarily perform 
tasks necessary for the production of the 
service;   
 iii) Specialist - a person within an 
establishment of a service supplier of a 
Member who possesses knowledge at an 
advance level of expertise; possesses 
proprietary knowledge of the organization's 
service, research equipment, techniques, or 
management; and who is essential to the 
operation of the establishment of that 
service supplier in Hong Kong, China.    TN/S/O/HKG/Rev.1 
Page 4 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  
 (b) Natural persons seeking entry under the 
commitments on intra-corporate transfer made 
by Hong Kong, China shall –   
 i) be employees who have been in the prior 
employ of the concerned service supplier 
which sponsors their entry into Hong Kong, 
China for a period of not less than one year 
immediately preceding the date of 
application for admission; and   
 ii) during their stay in Hong Kong, China 
except with the prior approval of the 
Government of the HKSAR, not change 
employment or employers.   
 (c) The commitments on intra-corporate transfer 
shall only apply to natural persons of service 
suppliers which have a bona fide business 
establishment operating in Hong Kong, China.  
The number of natural persons who may seek 
entry under these commitments shall be 
reasonable having regard to the size and the 
nature of the business operation of the relevant 
establishment in Hong Kong, China.   
 (d) The commitments are limited to entry and 
temporary stay.  Temporary stay implies that the 
appropriate prior authority will have been 
applied for and obtained before departure for 
Hong Kong, China.  For general managers, 
senior managers and specialists, temporary stay 
shall be limited to one year in the first instance 
(which may be extended up to a total of five 
years).     TN/S/O/HKG/Rev.1
 Page 5Modes 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  
II. SECTOR SPECIFIC COMMITMENTS 
1. BUSINESS SERVICES    
A. Professional Services  
    
 Accounting, auditing and 
bookkeeping services:  
these are limited to auditing 
and advisory services on 
matters such as financial 
management consultancy, 
company formation and 
restructuring, raising of 
capital, debt-rescheduling, 
receivership and liquidation 
(Part of CPC 862)  
 1) Unbound 
2) None 
3) None other than that the provision of statutory auditing 
services is limited to corporate practices and  natural 
persons licensed as certified public accountants 
(practising) , either as sole proprietors or in partnership 
4) Unbound except  for intra -corporate transfer of 
general managers, senior managers and specialists as 
set out in the Attachment  as indicated in Horizontal 
Commitments  
 1) Unbound 
2) Unbound 
3) None 
 
 
 
4) Unbound  except as indicated in Horizontal 
Commitments   
 Taxation services 
 (excluding legal services): 
these are limited to 
advisory and consulting 
services to enterprises or 
individuals on compilation 
of tax returns, tax planning, 
review, assessment and 
back-duty work (Part of 
CPC 863) 
 1) Unbound  None  
2) None 
3) None 
4) Unbound except  for intra -corporate transfer of 
general managers, senior managers and specialists as 
set out in the Attachment  as indicated in Horizontal 
Commitments  
 1) Unbound  None  
2) Unbound  None  
3) None 
4) Unbound  except as indicated in Horizontal 
Commitments  
  
  TN/S/O/HKG/Rev.1 
Page 6 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  
Urban planning and 
landscape architectural 
services  (CPC 8674)  
 1) Unbound 
2) None 
3) None  
 
 
 
 
 
 
4) Unbound 1) Unbound 
2) None 
3) None, except that to be registered as a 
professional landscape architect or planner, 
a person has to have one year's relevant 
experience in Hong Kong, China before the 
date of his application for registration; and 
to be ordinarily resident in Hong Kong, 
China 
4) Unbound  
  
Medical and dental 
services (CPC 9312)  1) Unbound 
2) None 
3) Unbound 
4) Unbound 
 1) Unbound 
2) None 
3) Unbound 
4) Unbound  
Veterinary services : 
limited to laboratory 
services for animals and 
birds (Part of CPC 932) 1) None 
2) None 
3) Unbound 
4) Unbound 
 1) None 
2) None 
3) Unbound 
4) Unbound  
Services provided by 
midwives, nurses, 
physiotherapists and para-
medical personnel 
(CPC 93191) 
 1) Unbound 
2) None 
3) Unbound 
4) Unbound 
 1) Unbound 
2) None 
3) Unbound 
4) Unbound  
B. Computer and Related 
Services  (CPC 841 -844 
and CPC 8491 ) (CPC 84 
except for CPC 845 and 
8499)  
 1) None 
2) None 
3) None 
4) Unbound except for intra -corporate transfer of 
general managers, senior managers and specialists as 
set out in the Attachment  as indicated in Horizontal 
Commitments  
 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated in Horizontal 
Commitments  
    TN/S/O/HKG/Rev.1
 Page 7Modes 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  
 Consultancy services 
related to the installation of 
computer hardware:  these 
are limited to consultancy 
on type and configuration 
of hardware with or without 
associated software and do 
not include sale or 
manufacture of hardware  
 1) None  
2) None  
3) None  
4) Unbound except  for intra -corporate transfer of general 
managers, senior managers and specialists as set out 
in the Attachment   
 1) Unbound  
2) Unbound  
3) None  
4) Unbound  
  
 Software impl ementation 
services:  these are limited 
to activities in connection 
with analysis, design and 
programming of systems 
ready to use, maintenance 
of existing systems, as well 
as training of personnel in 
respect of the use of such 
systems.  Duplicating 
purchas ed software 
developed by other 
enterprises is not included.  
 1) None  
2) None  
3) None  
4) Unbound except for intra -corporate transfer of general 
managers, senior managers and specialists as set out 
in the Attachment  1) Unbound  
2) Unbound  
3) None  
4) Unbound   
 Data processing and data 
base services:  these are 
limited to processing or 
tabulation of data, data base 
development, data storage, 
optical character 
recognition, microfiching 
and microfilming services  
 1) None1 
2) None  
3) None  
4) Unbound except for int ra-corporate transfer of general 
managers, senior managers and specialists as set out 
in the Attachment  1) Unbound  
2) Unbound  
3) None  
4) Unbound  
  
 
 
                                                      
1 Commitment excludes cross -border supply of international value -added or basic telecomm unications services.   TN/S/O/HKG/Rev.1 
Page 8 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  
D. Real Estate Services  (CPC 
821-822)  
 
 On a fee or contract basis: 
these are limited to the 
provision, on  a fee or 
contract basis, of 
management services for 
residential or commercial 
buildings which in turn 
consist of cleaning, 
maintenance and guarding 
of such buildings  
 1) Unbound  None  
2) None 
3) None 
4) Unbound 
 1) Unbound  None  
2) Unbound  None  
3) None 
4) Unbound  
E. Rental/Leasing Services 
without Operators  
 
 Relating to ships (CPC 
83103)  
  
 
 
1) Unbound  None  
2) None 
3) None 
 
 
 
 
4) Unbound 
  
 
 
1) Unbound  None  
2) Unbound  None  
3) None other than that the income derived 
from international operation of ships 
registered in the Hong Kong Shipping 
Register is exempted from Hong Kong’s 
profits tax. 
4) Unbound 
  
 Relating to other transport 
equipment (excluding 
services relating to air 
transport)  (CPC 83101-
83102)  
 1) Unbound 
2) None 
3) None 
4) Unbound 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound 
  
 Relating to other machinery 
and equipment (excluding 
transport equipment) (CPC 
83106-83109)  
 1) Unbound 
2) None 
3) None 
4) Unbound 1) Unbound 
2) Unbound 
3) None 
4) Unbound    TN/S/O/HKG/Rev.1
 Page 9Modes 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  
F. Other Business Services  
    
 Advertising services (CPC 
871):  these are limited to 
creation and placing of 
advertisements in 
periodicals, newspapers, 
radio and television; media 
representation (i.e. sale of 
time and space for 
periodicals, newspapers, 
radio and television); 
distribution and delivery o f 
advertising material  
 1) None 
2) None 
3) None 
4) Unbound except  for intra -corporate transfer of 
general managers, senior managers and specialists as 
set out in the Attachment  as indicated in Horizontal 
Commitments  
 
 1) Unbound  None  
2) Unbound  None  
3) None 
4) Unbound except as indicated in Horizontal 
Commitments  
 
  
 
 Market research and public 
opinion polling services 
(CPC 864) :  these are 
limited to investigation, 
analysis and advice on 
collective opinions of the 
public about political, 
social and econom ic issues 
as well as the collation and 
presentation of data derived 
from such investigation and 
analysis  
 1) Unbound 
2) None 
3) None 
4) Unbound 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound 
  
 
 Management consulting 
services  (CPC 865) :  these 
are limited to t he provision 
of advice and guidance to 
businesses regarding 
planning, organization, 
efficiency and control, and 
management information  
 1) Unbound  None  
2) None 
3) None 
4) Unbound except  for intra -corporate transfer of 
general managers, senior managers and specialists as 
set out in the Attachment  as indicated in Horizontal 
Commitments  1) Unbound  None  
2) Unbound  None  
3) None 
4) Unbound  except as indicated in Horizontal 
Commitments  
  
  TN/S/O/HKG/Rev.1 
Page 10 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  
Services related to 
management consulting 
(CPC 866) 
 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in Horizontal 
Commitments 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in Horizontal 
Commitments  
Technical testing and 
analysis services (CPC 
8676) 
 1) None 
2) None 
3) None 
4) Unbound 
 1) None 
2) None 
3) None 
4) Unbound  
 Services incidental to 
agriculture and forestry: 
these are limited to the 
provision of advice and 
guidance relating to crop, 
livestock and forestry 
management.  These do not 
include ownership of farms 
and farming (Part of CPC 
881) 
 1) Unbound  None  
2) None 
3) None 
4) Unbound 
 1) Unbound  None  
2) Unbound  None  
3) None 
4) Unbound  
 Services incidental to 
fishing: these are limited to 
the provision of advice and 
guidance relating to marine 
or freshwater fisheries and 
fish hatchery services.  
These do not include 
ownership of fish ponds 
and fishing (Part of CPC 
882) 
 1) Unbound  None  
2) None 
3) None 
4) Unbound 
 1) Unbound  None  
2) Unbound  None  
3) None 
4) Unbound 
  
Services incidental to 
manufacturing: these are 
limited to consulting 
services only (Part of CPC 
884+ CPC  885) 
 1) None 
2) None 
3) None 
4) Unbound 1) None 
2) None 
3) None 
4) Unbound    TN/S/O/HKG/Rev.1
 Page 11Modes 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  
Placement and supply 
services of personnel 
(CPC 872) 
 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in Horizontal 
Commitments 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in Horizontal 
Commitments  
Investigation services 
(CPC 87301) 
 
 
 1) None 
2) None 
3) None 
4) Unbound 
 1) None 
2) None 
3) None 
4) Unbound  
Security services 
(CPC 87302 – 87305) 
 
 1) None 
2) None 
3) None other than that service supplier may only 
provide the service in the form of a company1. 
4) Unbound 
 1) None 
2) None 
3) None 
 
4) Unbound  
 Maintenance and repair of 
equipment (not including 
maritime vessels, aircraft or 
other transport equipment) 
(CPC 8861 – 8866) 
 1) Unbound 
2) None 
3) None 
4) Unbound 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound 
  
 
 Building cleaning services 
(CPC 874) :  these are 
limited to cleaning of the 
interiors of buildings of all 
types, including offices, 
factories, shops and other 
business premises and 
residential buildings  
 1) Unbound 
2) None 
3) None 
4) Unbound 
 1) Unbound 
2) Unbound  None  
3) None 
4) Unbound 
  
 
                                                      
1  "Company" means broadly a company incorporated in Hong Kong, China under the Companies Ordinan ce, or a company incorporated o utside Hong Kong, China 
which establishes a place of business and registered as su ch in Hong Kong, China under the Companies Ordinance.  TN/S/O/HKG/Rev.1 
Page 12 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  
 Photographic services 
(CPC875) :  these are 
limited to commercial and 
consumer photograph 
production and processing 
including portrait 
photograph y, but exclude 
motion picture film and 
television services and 
processing  
 1) Unbound 
2) None 
3) None 
4) Unbound  1) Unbound 
2) Unbound 
3) None 
4) Unbound 
  
 
Packaging services 
(CPC  876) 1) Unbound 
2) None 
3) None 
4) Unbound 
 1) Unbound 
2) None 
3) None 
4) Unbound  
Printing, publishing 
services (CPC 88442) 1) None 
2) None 
3) None 
4) Unbound 
 1) None 
2) None 
3) None 
4) Unbound  
 Public relations services:  
these are limited to services 
related to image building 
and opinion moulding to 
improve the relations  of the 
clients with the public, the 
media or others, including 
through paid 
advertisements, 
entertainment, welfare and 
charity affairs  
{N.B.: subsumed under 
Management consulting service 
(CPC 865)} 
 1) Unbound  
2) None  
3) None  
4) Unbound  
 1) Unbound  
2) Unbound  
3) None  
4) Unbound   
 
   TN/S/O/HKG/Rev.1
 Page 13Modes 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  
 Translation and 
interpretation  services 
(CPC 87905) : these are 
limited to the interpretation 
of written and spoken 
languages  
 1) Unbound 
2) None 
3) None 
4) Unbound 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound 
  
 
 
 Exhibition management 
services:  these are limited 
to activities relating to 
planning, organizing, 
managing and marketing 
services for exhibitions , 
conventions and similar 
events (Part of CPC 
87909)  
 1) Unbound  None 
2) None 
3) None 
4) Unbound 
 1) Unbound  None 
2) Unbound  None 
3) None 
4) Unbound 
 
  
  TN/S/O/HKG/Rev.1 
Page 14 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  
2. COMMUNICATION 
SERVICES    
B. Courier Services : 
 
 these are limited to the 
provision of services on a 
fee or contract basis for the 
delivery of documents and 
parcels, but excluding 
services reserved to the 
Post Office under the Post 
Office Ordinance (Part of 
CPC 7512)  
 1) Unbound 
2) None 
3) None 
4) Unbound 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound 
  
 
C. Telecommunication 
Services  
   Additional commitments  
on regulatory principles 
(Details at Annex) 
 Local services  
    
(a) V oice services 
(b) Packet-switched data 
transmission services 
(c) Circuit-switched data 
transmission services  
(d) Telex services 
(e) Telegraph services 
(f) Facsimile services 
(g) Private leased circuit 
services 
(o) Others 
 1) None 
2) None 
3) None other than the follo wing:  
- Chubb Electronics (HK) Lt d has the exclusive right 
for providing a fire alarm transmission system for 
relaying fire alarm signals  between Fire Services 
Department (government) and public buildings;  
 Four licences for local fi xed network services we re 
issued in 1995. New licences will not be 
considered before June 1998. Whether more 
licences will be issued thereafter is subject to 
review in 1998.  
 1) None 
2) None 
3) None 
    TN/S/O/HKG/Rev.1
 Page 15Modes 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  
 Mobile services  
 
- mobile radio telephone 
services including 
Cellular and Personal 
Communications Services 
- mobile data services 
- radio paging services 
 4) Unbound except  as indicated in Horizontal 
Commitments for intra -corporate transfer of general 
managers, senior managers and specialists as set out 
in the Attachment to GATS/S C/39.  4) Unbound  except as indicated in Horizontal 
Commitments   
 International services  
 
(a) Voice services (resale 
based only) 
(b) Packet-switched data 
transmission services 
(resale based only) 
(c) Circuit-switched data 
transmission services 
(resale based only) 
(f) Facsimile services (resale 
based only) 
(o) Others 
  
 
1) None other than: 
- Public external telephone service2 is not allowed; 
- For self-provision of external satellite circuits, 
connection to the public-switched telephone 
network (PSTN) at the Hong Kong end may be 
restricted; 
- For virtual private network service, connection to 
the PSTN at the Hong Kong  end may be restricted; 
- For mobile satellite service, gateway station for 
mobile satellite traffic is not allowed. 
2) None 
  
 
1) None 
 
 
 
 
 
 
 
 
 
2) None  
                                                      
2 “External telephone services” only include person to pe rson voice communications with  places outside Hong Kong.  TN/S/O/HKG/Rev.1 
Page 16 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  
- Call back services or 
alternative calling 
procedures (resale based 
only)  
- Self provision of external 
satellite circuits for a 
company if the messages 
originated from or 
received at the Hong 
Kong end are intended for 
the company, its holding, 
subsidiary or affiliated 
companies; or for an 
organization if the 
messages originated from 
or received at the Hong 
Kong end are intended for 
the common business or 
activities of the 
organization 
- Virtual private network 
service (resale based 
only) 
- Mobile satellite service 
 3) None other than: 
- Public external telephone service3 is not allowed; 
- For self-provision of external satellite circuits, 
connection to the PSTN at the Hong Kong end may 
be restricted; 
- For virtual private network service, connection to 
the PSTN at the Hong Kong  end may be restricted; 
- For mobile satellite service, gateway station for 
mobile satellite traffic is not allowed. 
4) Unbound except  as indicated in Horizontal 
Commitments for intra -corporate transfer of general 
managers, senior managers and specialists as set out 
in the Attachment to GATS/SC/39.  3) None 
 
 
 
 
 
 
 
 
4) Unbound except as indicated in Horizontal 
Commitments   
 
                                                      
3 “External telephone services” only include person to pe rson voice communications with  places outside Hong Kong.   TN/S/O/HKG/Rev.1
 Page 17Modes 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  
 Value added services :  
these are limited to public 
services accessed by its 
subscribers via, and offere d 
over, circuits provided by 
public telecommunications 
transport network services 
and are limited to electronic 
mail, on -line information 
and data base access and 
retrieval (including data 
processing or transaction 
processing), store and 
forward facsimile services, 
videotex and teletex, code, 
protocol and/or format 
conversion, voice mail and 
electronic data interchange 
(only between private 
companies)   
 1) Unbound  None  
2) None 
3) None other than that commercial presence must take 
the form of a company2 
4) Unbound except  as indicated in Horizontal 
Commitments for intra -corporate transfer of general 
managers, senior managers and specialists as set out 
in the Attachment to GATS/SC/39.  1) Unbound  None  
2) Unbound  None  
3) None 
 
4) Unbound  except as indicated in 
Horizontal Commitments   
                                                      
2 "Company" means broadly, a company incorporated in Hong Kong under the Companies Ordi nance, or a company incorpor ated outside Hong Kong which establishes a place 
of business and registered as such in Hong Kong under the Companies Ordinance.   TN/S/O/HKG/Rev.1 
Page 18 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  
(h) Electronic mail 
(i) Voice mail 
(j) On-line information and 
data base access and 
retrieval 
(k) Electronic data 
interchange (EDI) 
(l) Enhanced/value-added 
facsimile services, 
including store and 
forward, store and 
retrieve 
(m) Videotex and teletex, 
code, protocol and/or 
format conversion 
(n) On-line information 
and/or data processing 
(including transaction 
processing) 
    
D. Audiovisual Services  
 
 Motion picture and video 
tape production and 
distribution services  (CPC 
9611) :  these are limited  to 
the production, sale or 
rental of films and video 
tapes (excluding any 
broadcasting services)  
  
 
1) None 
2) None 
3) None 
4) Unbound 
  
 
1) Unbound  None  
2) Unbound  None  
3) None 
4) Unbound 
  
 
Motion picture projection 
services 
-  Motion picture 
projection services in 
cinemas (Part of CPC 
96121) 1) None 
2) None 
3) None 
4) Unbound 1) None 
2) None 
3) None 
4) Unbound 
    TN/S/O/HKG/Rev.1
 Page 19Modes 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  
 Sound recording services: 
these are limited to services 
relating to the provision of 
sound-track 
 1) None 
2) None 
3) None 
4) Unbound 
 1) Unbou nd None  
2) Unbound  None  
3) None 
4) Unbound 
  
 
 Dubbing services:  these 
are limited to the 
translation of the sound -
track of motion pictures 
and video tapes from one 
language to another  
{N.B.: subsumed under motion 
picture and video tape 
production services (CPC 9611)} 
 1) None  
2) None  
3) None  
4) Unbound  
 1) Unbound  
2) Unbound  
3) None  
4) Unbound  
  
  TN/S/O/HKG/Rev.1 
Page 20 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  
3. CONSTRUCTION AND 
RELATED 
ENGINEERING 
SERVICES    
D. Building Completion and 
Finishing Work  
    
 Interior design services:  
these are limited to 
specialized consulting 
services related to the post-
construction design and 
fitting out of interior living 
and working spaces (Part 
of CPC 517) 
 1) Unbound 
2) None 
3) None 
4) Unbound 
 1) Unbound 
2) Unbound  None  
3) None 
4) Unbound 
  
 
E. Other  
  
  
  
 
 Project management 
services:  these are limited 
to the supervision and 
coordination of 
construction projects but do 
not cover engineering or 
architectural services 
 1) Unbound 
2) None 
3) None 
4) Unbound 
 1) Unbound 
2) Unbound  None  
3) None 
4) Unbound 
  
   TN/S/O/HKG/Rev.1
 Page 21Modes 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  
4. DISTRIBUTION 
SERVICES    
B. Wholesale trade services  
(CPC 622 excluding 62214 
(except for live food 
animals), 62219 (except for 
animal feed), 62221 -62222 
(except for dairy products 
and eggs), 62223 (except 
for meat products, poultry 
and game), 62224,  and 
pharmaceutica l and 
medical goods, surgical and 
orthopaedic instruments 
and devices as found in  
62251 and 62252 ; but 
including  services in 
relation to meat, poultry, 
game, other live food 
animals, animal feed, fruit, 
vegetables, dairy products 
and eggs. ) 
  
1) None 
2) None 
3) None 
4) Unbound  
1) None 
2) None 
3) None 
4) Unbound  
 Other w holesale trade  
services of specifically 
relating to fishery products,  
including fresh, prepared 
or preserved fish and other 
seafood  Wholesale trade 
services of fishery 
products (CPC 62224) 
 1) Unbound 
2) None 
3) Unbound 
4) Unbound 1) Unbound 
2) None 
3) Unbound 
4) Unbound   TN/S/O/HKG/Rev.1 
Page 22 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  
C. Retailing services  
 
 Retailing services:  these 
are limited to the resale 
(sale without 
transformation) of certain 
new and used consumer 
goods to the general public 
which are normally used 
for final personal or 
household consumption or 
utilization, by department 
stores, shops, consumer co -
operative and auction 
houses  excluding all 
pharmaceutical, medical, 
surgical and orthopaedic 
products ( Part o f CPC 
631-632 except for CPC 
63211) 
  
 
1) Unbound  None  
2) None 
3) None 
4) Unbound 
  
 
1) Unbound  None  
2) Unbound  None  
3) None 
4) Unbound 
  
   TN/S/O/HKG/Rev.1
 Page 23Modes 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  
6. ENVIRONMENTAL 
SERVICES    
A. Sewage services  (CPC 
9401) 
 1) None 
2) None 
3) None 
4) Unbound 
 1) None 
2) None 
3) None 
4) Unbound  
B. Refuse disposal services : 
refuse and disposal services 
(only applying  these are 
limited to collection 
services of garbage, trash, 
rubbish and waste from 
households) (Part of CPC 
9402) 
 1) None 
2) None 
3) None 
4) Unbound 
 1) None 
2) None 
3) None 
4) Unbound  
C. Sanitation and similar 
services  (CPC 9403) 1) None 
2) None 
3) None 
4) Unbound 
 1) None 
2) None 
3) None 
4) Unbound  
D. Others  
-  Cleaning services of 
exhaust gas (CPC 9404) 
-  Noise abatement services 
(CPC 9405) 
-  Nature and landscape 
protection services (CPC 
9406) 
-  Other environmental 
protection services (CPC 
9409) 
 1) None 
2) None 
3) None 
4) Unbound 1) None 
2) None 
3) None 
4) Unbound   TN/S/O/HKG/Rev.1 
Page 24 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  
 
7. FINANCIAL SERVICES 
 
 Mode 1/Mode 2  
 
 The commitments made with respect to mode 1 (cross-border supply) and mode 2 (consumption abroad) supply of financial services  inscribed in this section of the Schedule 
do not signify a commitment to allow a service supplier from the territory of another Member to solicit business or to conduct marketing in the Hong Kong Special 
Administrative Region (HKSAR) of China. 
 
A. All Insurance and Insurance-
Related Services  
    
 Life, accident and health 
insurance services 
 
 Non-life insurance services 
 1) Unbound 
2) None other than that statutory insurances which 
include third party liability in respect of vehicles and 
vessels and employer's liability insurance in respect of 
employees must be purchased from an insurer 
authorized in HKSAR. 1) Unbound 
2) Unbound  
 3) None other than that only a company or an association 
of underwriters is permitted to carry on insurance 
business. 
 In the case of the former, commercial presence must 
take the form of a subsidiary, branch or representative 
office, although insurance business may not be carried 
out through a representative office. 3) None other than that the chief executive 
appointed by the authorized insurer should 
normally reside in HKSAR.   
 4) Unbound except as  indicated in Horizontal 
Commitments  set out in the Attachment on "Presence 
of Natural Persons" to this Schedule4. 
 4) Unbound  except as indicated in Horizontal 
Commitments  
 
  
                                                      
4  Commitments on presence of natural persons are confined to businesses regulated under HKSAR banking, securities, insurance an d related legislation.   TN/S/O/HKG/Rev.1
 Page 25Modes 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  
 Reinsurance and 
retrocession 
 1) None, provided that the insurance company is a 
company incorporated outside HKSAR and has no 
agent nor place of business in HKSAR. 1) Unbound 
  
 2) None 2) Unbound  
 
 3) None other than that only a company or an association 
of underwriters is permitted to carry on insurance 
business.  In the case of the former, commercial 
presence must take the form of a subsidiary, branch or 
representative office, although insurance business may 
not be carried out through a representative office. 3) None other than that the chief executive 
appointed by the authorized insurer should 
normally reside in HKSAR.  
 4) Unbound except as  indicated in Horizontal 
Commitments  set out in the Attachment on "Prese nce 
of Natural Persons" to this Schedule5. 
 4) Unbound  except as indicated in Horizontal 
Commitments  
  
 Services auxiliary to 
insurance (including broking 
and agency services) 1) None other than claims se ttlement services, except for 
settlement of claims under contracts of goods in transit 
insurance entered into wholly outside HKSAR in 
respect of goods consigned to HKSAR. 1) Unbound 
  
 
 2) None 
3) None 
4) Unbound except as  indicated in Horizontal 
Commitments  set out in the Attachment on "Presence 
of Natur al Persons" to this Schedule5. 
 2) Unbound 
3) None 
4) Unbound  except as indicated in Horizontal 
Commitments  
 
  
                                                      
5  Commitments on presence of natural persons are confined to businesses regulated under HKSAR banking, securities, insurance an d related legislation.  TN/S/O/HKG/Rev.1 
Page 26 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  
B. Banking and Other Financial 
Services  (excluding 
insurance) 
    
 Acceptance of deposits and 
other repayable funds from 
the public 1) Unbound 
2) None 
3) None other than that commercial presence must take 
the following forms:  
(a) Banks incorporated overseas may apply for a 
licence to operate a full licensed bank or a 
restricted licence bank in  the form of a branch 
subject to the following conditi on: in the case of 
an overseas bank seeking to establish a locally 
incorporated full license d bank, the bank must 
have maintained a locally incorporated 
restricted licence bank or deposit taking 
company (or any combination thereof) in 
HKSAR  for at least 3 continuous years; and  1) Unbound 
2) Unbound 
3) None other than that all authorized 
institutions (local or overseas) must appoint 
a chief executive and not less than one 
alternative chief executive, who must 
normally reside in HKSAR.  
  Such banks may mai ntain (i) offices to which 
customers have access (physi cal or otherwise) for 
the purpose of banking business (or deposit -taking 
business in the case of a restricted licence bank) 
and/or for the arranging or entering into of any 
other financial transactions  in only one building 
("Office" includes automated teller machines or 
similar terminal devices);  
   
  and (ii) no more than two additional offices (other 
than an automated teller machine or similar device) 
to which customers and others have access for the  
purpose of any other types of business in a separate 
building or buildings. Such additional offices may 
consist of not more than one regional office and 
one back office.  
 This condition does not apply to banks incorporated 
outside HKSAR licensed before Ma y 1978 in 
respect of full licensed banks and before April 
1990 in respect of restricted licence banks.      TN/S/O/HKG/Rev.1
 Page 27Modes 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  
 (b) Limited companies incorp orated by overseas banks 
in HKSAR may apply for a licence to operate as a 
full licensed bank, restricted licence bank or 
deposit -taking company in the form of a subsidiary 
with branching rights.  In the case of an application 
for a full banking licence, the institution must have 
been an authorized institution for at least ten years 
and be closely associated and identified wi th 
HKSAR.  Overseas banks may also acquire an 
existing locally incorporated bank with branching 
rights subject to consent of the Monetary 
Authority.  in the case of an overseas bank seeking 
to establish a representative office in HKSAR , 
such offices are prohibited from taking deposits 
and undertaking banking business in general.  
   
 (c)  Banks incorporated overseas may also set up 
representative offices in HKSAR, but such offices 
are prohibited from taking deposits and 
undertaking banking business in general .   
 4)  Unbound except as  indicated in Horizontal 
Commitments set out in the Attachment on "Presence 
of Natural Persons" to this Schedule6 
 4) Unbound  except as indicated in Horizontal 
Commitments   
 Lending of all types, 
including consumer credit, 
mortgage credit, factoring 
and financing of commercial 
transaction 
 1) Unbound 
2) None 
3) None 
4) Unbound except as indicated in Horizontal 
Commitments  set out in the Attachment on "Presence 
of Natural Persons" to this Schedule7. 
 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound  except as indicated in Horizontal 
Commitments  
  
                                                      
6 Commitments on presence of natural persons are confined to bu sinesses regulated under HKSAR banking, securities, insurance and  related legislation. 
7 Commitments on presence of natural persons are confined to bu sinesses regulated under HKSAR banking, securities, insurance and  related legislation.  TN/S/O/HKG/Rev.1 
Page 28 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  
 Financial leasing 
 1) None 
2) None 
3) None 
4) Unbound except as  indicated in Horizontal 
Commitments  set out in the Attachment on "Presence 
of Natural Persons" to this Schedule7. 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound  except as indicated in Horizontal 
Commitments  
  
 All payment and money 
transmission services 1) Unbound 
2) None 
3) None 
4) Unbound except as  indicated in Horizontal 
Commitments  set out in the Attachment on "Presence 
of Natural Per sons" to this Schedule7 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound  except as indicated in Horizontal 
Commitments   
 Guarantees and 
commitments 
 1) None 
2) None 
3) None 
4) Unbound except as  indicated in Horizontal 
Commitments  set out in the Attachment on "Pr esence 
of Natural Persons" to this Schedule7 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound  except as indicated in Horizontal 
Commitments  
 
  
                                                      
   TN/S/O/HKG/Rev.1
 Page 29Modes 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  
 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 futures and 
options 
- exchange rate and interest 
rate instruments, including 
products such as swaps, 
forward rate agreements, 
etc. 
- transferable securities 
 1) Unbound 
2) None 
3) None other than the following : 
 Only corporations incorporated in HKSAR, or natural 
persons born in HKSAR or resident in HKSAR for five 
of the preceding seven years, or partnerships composed 
of such persons, may become members of the Stock 
Exchange of Hong Kong Limited8.  
 Only corporations incorporated in HKSAR may 
become members of th e Hong Kong Futures 
Exchange. 
4) Unbound except as  indicated in Horizontal 
Commitments  set out in the Atta chment on "Presence 
of Natural Persons" to this Schedule9. 1) Unbound 
2) Unbound 
3) None other than that for dealing in securities 
or commodities futures, there is a residence 
requirement in HKSAR in respect of a sole 
proprietor, or, in the case of a partnership or 
company, in respect of at least one partner 
or director, who is re gistered as a dealer. 
 
 
 
4) Unbound except as indicated in Horizontal 
Commitments  
 
  
 Participation in issues of all 
kinds of securities, including 
underwriting and placement 
as agent (whether publicly or 
privately) and provision of 
services related to such 
issues 
 1) Unbound 
2) None 
3) None 
 
 
 
4) Unbound except as  indicated in Horizontal 
Commitments  set out in the Attachment on "Presence 
of Natural Persons" to this Schedule10. 
 
 1) Unbound 
2) Unbound 
3) None other than that if registration as a 
dealer is required, as it is in the case of 
public issues, the limitations as for dealers 
(above) shall apply. 
4) Unbound  except as indicated in Horizontal 
Commitments  
  
                                                      
8 The residence requirement for memberships can be waived for persons of good reputation with substantial experience of dealing in securities. 
9 Commitments on presence of natural persons are confined to bu sinesses regulated under HKSAR banking, securities, insurance and  related legislation. 
10 Commitments on presence of natural persons are confined to bu sinesses regulated under HKSAR banking, securities, insurance and  related legislation.  TN/S/O/HKG/Rev.1 
Page 30 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  
 Asset management, such as 
cash or portfolio 
management, all forms of 
collective investment 
management, pension fund 
management, custodial 
depository and trust services 
 1) Unbound 
2) None 
3) None 
4) Unbound except as  indicated in Horizontal 
Commitments  set out in the Attach ment on "Presence 
of Natural Persons" to this Schedule10. 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound  except as indicated in Horizontal 
Commitments  
  
 
 Advisory and other auxiliary 
financial services on all the 
activities listed in 
subparagraph 5(a)(v) to (xv) 
of the Annex on Financial 
Services, including credit 
reference and analysis, 
investment and portfolio 
research and advice, advice 
on acquisitions and on 
corporate restructuring and 
strategy 
 1) None other than commodity trading and investment 
advisory service 
2) None 
3) None 
4) Unbound except as  indicated in Horizontal 
Commitments  set out in the Attachment on "Presence 
of Natural Persons" to this Schedule11. 
 1) Unbound 
 
2) Unbound 
3) None 
4) Unbound  except as indicated in Horizontal 
Commitments  
  
 Provision and transfer of 
financial information, and 
financial data processing and 
related software by 
providers of other financial 
services 1) None 
2) None 
3) None 
4) Unbound except as  indicated in Horizontal 
Commitments  set out in the Attachment on "Presenc e 
of Natural Persons" to this Schedule11 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound  except as indicated in Horizontal 
Commitments  
  
 
                                                      
11  Commitments on presence of natural persons are confined to businesses regulated under HKSAR banking, securities, insurance an d related legislation.   TN/S/O/HKG/Rev.1
 Page 31Modes 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  
8. HEALTH RELATED 
AND SOCIAL 
SERVICES    
 Hospital services (CPC 
93110)  
 
 Other human health 
services not elsewhere 
classified (CPC 93199) 
 1) Unbound 
2) None 
3) Unbound 
4) Unbound 1) Unbound 
2) None 
3) Unbound 
4) Unbound  
9. TOURISM AND TRAVEL 
RELATED SERVICES    
A. Hotels and Restaurants  
 (including catering) 
    
 Hotel services (CPC 6411) :  
these are limited to the 
provision on a fee -basis of 
short -term lodging and sale 
of prepared foods and drinks 
within the hotel premises  
 1) Unbound  None  
2) None 
3) None 
4) Unbound 
 1) Unbound  None  
2) Unbound  None  
3) None 
4) Unbound 
  
 
 Other lodging services 
(CPC 64191, 64192, 64194 
and 64195) 1) Unbound 
2) None 
3) None 
4) Unbound 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound  
 Restaurant and catering 
services (CPC 642-643) :  
these are limited to the sale 
of prepared foods and drinks 
through catering or in 
restaurants both for 
consumptio n on and off the 
premises  
 1) Unbound 
2) None 
3) None 
4) Unbound 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound 
  
  TN/S/O/HKG/Rev.1 
Page 32 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  
B. Travel Agencies and Tour 
Operator Services  
  
  
  
 
 Travel agencies and tour 
operator services: these are 
limited to the business of 
obtaining for clients carriage 
and/or accommodation 
outside Hong Kong , China  
and the provision of related 
services such as the 
furnishing of travel 
information, advice and 
planning  (Part of CPC 
7471)  1) Unbound  None 
2) None 
3) None other than that only a company may operate 
tours and open branch offices12 
4) Unbound 
 1) Unbound  None  
2) Unbound  None  
3) None 
 
4) Unbound 
  
                                                      
12 "Company" means broadly a company incorporated in Hong Kong , China  under the Companies Ordinance, or a company incorporated outside Hong Kong , China  which 
establishes a place of business and re gistered as such in Hong Kong , China  under the Companies Ordinance.   TN/S/O/HKG/Rev.1
 Page 33Modes 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  
10. RECREATIONAL, 
CULTURAL AND 
SPORTING SERVICES  
  
  
 
B. Entertainment Services  
(CPC 9619 except 96192, 
96194, 96199) 1) None 
2) None 
3) None 
4) Unbound 
 1) None 
2) None 
3) None 
4) Unbound  
C. Libraries, Archives, 
Museums and Other 
Cultural Services  
    
 Library and archives 
services (CPC 9639631) :  
these are limited to the 
maintenance, sequencing 
and storage of publications, 
documents, etc. for record 
and future ref erence and 
related consulting services  
 1) Unbound 
2) None 
3) None 
4) Unbound 1) Unbound 
2) Unbound 
3) None 
4) Unbound   TN/S/O/HKG/Rev.1 
Page 34 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  
11. TRANSPORT SERVICES    
A. Maritime Transport 
Services  
International transport 
(excluding passenger 
transport and cabotage13 
transport) (CPC 7212)  
 1) None 
2) None 
3) None14 
 
 
 
 
4) Unbound except  as indicated in Horizontal 
Commitments  for intra -corporate transfer of general 
managers, senior managers and specialists as set out 
in the Attachment  
 1) Unbound  None  
2) Unbound  None  
3) None other than that the income derived 
from international operation of ships 
registered in the Hong Kong Shipping 
Register is exempted from Hong Kong's 
profits tax 
4) Unbound  except as indicated in Horizontal 
Commitments  Where the following  
services are not otherwise  
covered by the obligation  
enshrined in Article 
XXVIII(c)(ii), they will be 
made available to 
international transport 
service suppliers on 
reasonable and non-
discriminatory terms and 
conditions:  pilotage; 
anchorage, berth and 
berthing services; towing 
and tug assistance; 
provisioning, fuelling and 
watering; garbage 
collecting and ballast 
waste disposal; port 
captain`s services; 
navigation aids; shore-
based operational services 
essential to ship operation, 
including communications, 
water and electrical 
supplies; and emergency 
repair facilities. 
                                                      
13 “Cabotage” is assumed to cover transportation of passengers or goods between a port located in Hong Kong, China and another po rt located in Hong Kong, China, as 
well as traffic originating and terminating in the same port loca ted in Hong Kong, China, provided that this traffic remains wi thin the waters of Hong Kong, China. 
14 “Commercial presence for the supply of international maritime  transport services” means the ability for international maritime  transport service supplier of other Members to 
undertake locally all activities which are necessary for the supply  to their customers of a partially or fully integrated trans port service, within which the maritime transport 
constitutes a substantial element.   
These activities include, but are not limited to:   
(a) marketing and sales of maritime transport and related services through direct contact with customers, from quotation to inv oicing, these services being those operated or 
offered by the service supplier itself or by service supplier w ith which the service seller has established standing business a rrangements;   
(b) the acquisition, on their own account or on behalf of their customers (and the resale to their customers) of any transport and related services, including inward transport 
services by any mode, particularly inland waterways, road and rail, n ecessary for the supply of th e integrated service;   
(c) the preparation of documentation concerning transport documents, customs documents, or other documents related to the origi n and character of the goods transported;   TN/S/O/HKG/Rev.1
 Page 35Modes 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  
 Maritime Auxiliary 
Services 
 
 Rental of vessel with crew: 
these are limited to services 
of hiring a vessel with crew 
under charter party terms 
for a voyage or period of 
time 
  
 
 
1) Unbound  None  
2) None 
3) None 
 
 
 
 
4) Unbound except  as indicated in Horizontal 
Commitments  for intra -corporate transfer of general 
managers, senior managers and specialists as set out 
in the Attachment  
  
 
 
1) Unbound  None  
2) Unbound  None  
3) None other than that the income derived 
from international operation of ships 
registered in the Hong Kong Shipping 
Register is exempted from Hong Kong's 
profits tax 
4) Unbound  except as indicated in Horizontal 
Commitments  
                                                                                                                                                                                                                                                                    
(d) the provision of business information by any means, including comput erised information systems and electronic data intercha nge (subject to the provisions of the Annex 
on Telecommunications);   
(e) the setting up of any business arrangements (including participation in the stock of a company) and the appointment of pers onnel recruited locally with any locally 
established shipping agency; and  
(f) acting on behalf of the companies, organizing the call of the ship or taking over cargoes when required. 
  TN/S/O/HKG/Rev.1 
Page 36 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  
 Maritime cargo handling 
services: these are limited 
to activities exercised by 
stevedore companies, 
including terminal 
operators, but not including 
the direct activities of 
dockers, when this 
workforce is organized 
independently of the 
stevedoring or terminal 
operator companies. The 
activities covered include 
the organization and 
supervision of the 
loading/discharging of 
cargo to/from a ship;  the 
lashing/unlashing of cargo, 
and the reception/delivery 
and safekeeping of cargoes 
before shipment or after 
discharge. 
 1) Unbound except for no limitation on trans-shipment 
(board to board or via the quay) and/or on the use 
of on-board cargo handling equipment 
 
2) None 
3) None 
4) Unbound 1) Unbound except for no limitation on 
trans-shipment (board to board or via the 
quay) and/or on use of on-board cargo 
handling equipment  
2) Unbound  None  
3) None 
4) Unbound 
 Storage and warehousing 
services:  these are limited 
to the movement or placing 
of goods from warehouse to 
vessels or vice versa 
 1) Unbound 
2) None 
3) None 
4) Unbound 
 1) Unbound 
2) Unbound  None  
3) None 
4) Unbound 
  
   TN/S/O/HKG/Rev.1
 Page 37Modes 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  
 Customs clearance 
services:  these are limited 
to activities consisting of 
carrying out on behalf of 
another party customs 
formalities concerning 
import, export or through 
transport of cargoes, 
whether this service is the 
main activity of the service 
provider or a usual 
complement of its main 
activity 
 1) Unbound 
2) None 
3) None 
4) Unbound 
 1) Unbound 
2) Unbound  None  
3) None 
4) Unbound 
  
 
 Container station and depot 
services: these are limited 
to activities consisting of 
storing containers, whether 
in port areas or inland, with 
a view to their 
stuffing/stripping, repairing 
and making them available 
for shipment 
 1) Unbound 
2) None 
3) None 
4) Unbound 1) Unbound 
2) Unbound  None  
3) None 
4) Unbound  
 Maritime agency services: 
these are limited to 
activities consisting of 
representing, within a given 
geographic area, as an 
agent the business interest 
of one or more shipping 
lines or shipping companies 
for marketing and sales of 
maritime transport and 
related services and for 
acting on behalf of the 
companies organizing the 
call of the ship or taking 
over cargoes when required 
 1) Unbound  None  
2) None 
3) None 
4) Unbound 1) Unbound  None  
2) Unbound  None  
3) None 
4) Unbound   TN/S/O/HKG/Rev.1 
Page 38 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  
 Maintenance and repair of 
vessels:  these are limited 
to businesses related to 
maintenance and repair of 
ocean going vessels at 
anchor or alongside and 
maintenance and repair of 
local vessels 
 1) Unbound  None  
2) None 
3) None 
4) Unbound 1) Unbound  None  
2) Unbound  None  
3) None 
4) Unbound 
  
 
 Maritime freight 
forwarding services: these 
are limited to the activities 
consistin g of or ganisin g and 
monitoring shipment 
operations on behalf of 
shippers, through the 
acquisition of transport and 
related services, 
preparation of 
documentation and 
provision of business 
information. 
 1) None 
2) None 
3) None 
4) Unbound  1) None 
2) None 
3) None 
4) Unbound   
 Preshipment inspection 
services: these are limited 
to services performed on a 
fee or contract basis 
involved in the verification 
of quality, quantity, price 
(including currency, 
exchange rate and financial 
terms), and/or the customs 
classification of goods to be 
exported. Customs or 
quarantine inspection is not 
included. 
 1) None 
2) None 
3) None 
4) Unbound  1) None 
2) None 
3) None 
4) Unbound     TN/S/O/HKG/Rev.1
 Page 39Modes 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  
E. Rail Transport Services  
 
Freight transportation 
(CPC 7112)  
 
  
 
1) Unbound  
2) None 
3) Unbound  
4) Unbound  
  
 
1) Unbound 
2) None 
3) Unbound 
4) Unbound   
F. Road Transport Services  
 
Freight transportation 
(CPC 7123)   
 
1) None 
2) None 
3) None 
4) Unbound   
 
1) None 
2) None 
3) None 
4) Unbound  
  
 TN/S/O/HKG/Rev.1 
Page 40 
 
 
Annex  
 
Additional Commitments on Regulatory Principles  
 
Scope  
 
The following are definitions and principles on the regulatory framework for basic 
telecommunications services.  
Definitions
 
 Users
 mean service consumers and service suppliers. 
 
Essential facilities  mean facilities of a public telecommunications transport network or service that 
 
(a) are exclusively or predominantly provided by a single or limited number of suppliers; 
and 
 
(b) cannot feasibly be economically or technically substituted in order to provide a service. 
 A major supplier
 is a supplier which has the ability to mate rially affect the terms of participation 
(having regard to price and supply) in the releva nt market for basic telecommunications services as a 
result of:  
 (a) control over essential facilities; or 
 
 (b) use of its position in the market. 
 1. Competitive safeguards
 
 
1.1 Prevention of anti-competitive practices in telecommunications  
 
 Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone 
or together, are a major supplier from engaging in or continuing anti-competitive practices. 
 
1.2 Safeguards  
  The anti-competitive practices referred to above shall include in particular: 
 
 (a) engaging in anti-competitive cross-subsidization;  
 (b) using information obtained from comp etitors with anti-competitive results; and 
 
 (c) not making available to other services supp liers on a timely basis technical information 
about essential facilities and commercially rele vant information which are necessary for 
them to provide services. 
 
2. Interconnection
 
 
2.1 This section applies to linking with suppliers  providing public telecommunications transport 
networks or services in order to allow the users of  one supplier to communicate with users of another 
supplier and to access services provided by anothe r supplier, where specific commitments are 
undertaken. 
  TN/S/O/HKG/Rev.1 
Page 41 
 
 2.2 Interconnection to be ensured
 
 
Interconnection with a major supplier will be ensured at  any technically feasible point in the network.  
Such interconnection is provided: 
 
(a) under non-discriminatory terms, conditions  (including technical standards and 
specifications) and rates and of a quality no l ess favourable than that provided for its own 
like services or for like services of non-affiliate d service suppliers or for its subsidiaries 
or other affiliates; 
 
(b) in a timely fashion, on terms, conditions (including technical standards and specifications) 
and cost-oriented rates that are transparen t, reasonable, having regard to economic 
feasibility, and sufficiently unbundled so th at the supplier need not pay for network 
components or facilities that it does not require for the service to be provided; and 
 
(c) upon request, at points in addition to th e network termination points offered to the 
majority of users, subject to charges that reflect the cost of construction of necessary 
additional facilities. 
 
2.3 Public availability of the pro cedures for interconnection negotiations  
 
 The procedures applicable for interconnecti on to a major supplier will be made publicly 
available.  
2.4 Transparency of interconnection arrangements
 
 
 It is ensured that a major supplier will make  publicly available either its interconnection 
agreements or a reference interconnection offer.  
2.5 Interconnection: dispute settlement
 
  A service supplier requesting interconnection with  a major supplier will have recourse, either: 
 
 (a) at any time; or  
 (b) after a reasonable period of time which has been made publicly known 
 to an independent domestic body, which may be a regulator as referred to in paragraph 5 below, to 
resolve disputes regarding appropriate terms, c onditions and rates for interconnection within a 
reasonable period of time, to the extent that  these have not been established previously. 
 
3. Universal service
 
 
 Hong Kong , China  has the right to define the kind of  universal service obligation it wishes to 
maintain.  Such obligations will not be regarded as anti-competitive per se , provided they are 
administered in a transparent, non-discriminator y and competitively neutral manner and are not more 
burdensome than necessary for the kind of universal service defined by Hong Kong , China . 
 TN/S/O/HKG/Rev.1 
Page 42 
 
 4. Public availability of licensing criteria
 
 
 Where a licence is required, the following will be made publicly available:  
(a) all the licensing criteria and the period of time normally required to reach a decision 
concerning an application for a licence; and 
 
 (b) the terms and conditio ns of individual licences. 
 
 The reasons for the denial of a licence will be made known to the applicant upon request. 
 5. Independent regulators
 
 
 The regulator is separate from, and not accountable to, any supplier of basic telecommunications services.  The decisions of and the procedures used by regulators shall be 
impartial with respect to all market participants. 
 6. Allocation and use of scarce resources
 
 
 Any procedures for the allocation and use of scarce resources, including frequencies, numbers 
and rights of way, will be carried out in an obj ective, timely, transparent and non-discriminatory 
manner.  The current state of allocated frequency ba nds will be made publicly available, but detailed 
identification of frequencies allocated for specific government uses is not required.  TN/S/O/HKG/Rev.1 
Page 43 
 
 
ATTACHMENT ON "PRESENCE OF NATURAL PERSONS"  
 (1)
 To the extent specific commitments are inscri bed in respect of "p resence of natural 
persons"  in the schedule, such commitments shall include intra -corporate transfer of general 
managers, senior managers and specialists.  General managers, senior managers and specialists 
shall be defined as - 
  
(i) General manager - the chief executive officer or equivalent who leads and directs 
an establishment in Hong Kong of a service supplier of a Member and who is 
personally responsible for the overall pe rformance of the establishment in Hong 
Kong.  
  
(ii) Senior manager - a person who directs the establishment  in Hong Kong of a 
service supplier of a Member or a department of that establishment.  Such a 
person would normally supervise and control the work of other supervisory, 
professional or manageri al employees in Hong Kong, have the authority to hire 
and fire  or recommend hiring, firing, or other personnel actions (such as 
promotion or leave authorization) in Hong Kong, exercise discretionary authority 
over day -to-day operations in Hong Kong, and be personally responsible to the 
general manager for the perform ance of a major part of the establishment in 
Hong Kong.  The term 'senior manager' does not include first -line supervisors, 
unless the employees supervised are professional, nor does it include employees 
who primarily perform tasks necessary for the produc tion of the service.  
  
(iii) Specialist - a person within an establishment of a service supplier of a Member 
who possesses knowledge at an advance level  of expertise, possesses proprietary 
knowledge of the organization's service, research equipment, techni ques, or 
management and who is essential to the operation of the establishment of that 
service supplier in Hong Kong.  
 (2)
 Natural persons seeking entry under the commitments made by Hong Kong shall - 
 
 (i) be employees who have been in the prior employ of  the concerned service 
supplier which sponsors their entry into Hong Kong for a period of not less than 
one year immediately preceding the dat e of application for admission; and  
 
 (ii) during their stay in Hong Kong, except with the prior approval of the H ong Kong 
Government, not change employment or employers.  
 (3)
 The commitments on intra -corporate transfer shall only apply to natural persons of 
service suppliers which have a bona fide business establishment operating in Hong Kong.  The 
number of natural persons who may seek entry under these commitments shall be reasonable 
having regard to the size and the nature of the business operation of the relevant establishment in 
Hong Kong.  
 
(4) The commitments are limited to entry and temporary stay.  Temporary s tay implies that 
the appropriate prior authority will have been a pplied for and obtained before departure for 
Hong Kong.  For general managers, senior man agers and specialists, temporary stay shall be 
limited to one year in the first instance (which may be  extended up to a total of five years).  
 
__________