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SECTION 2 HONG KONG, CHINA'S SCHEDULE Where appropriate, Hong Kong, China’s commitments are referenced to the Provisional Central Product Classification (“CPC”) as set out in Statistical Office of the United Nations Statistical Papers, Series M, No. 77, Provisional Central Product Classification, 1991 and on the basis of the Services Sectoral Classification List WTO document MTN.GNS/W/120. Modes of supply: 1) Cross-border supply Sector or Sub-sector I. 2) Consumption abroad Limitations on Market Access 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment Additional Commitments HORIZONTAL COMMITMENTS ALL INCLUDED SCHEDULE SECTORS IN THIS Part 1 1), 2), 3), 4) Unbound for any measures with respect to: (a) the provision of public law enforcement, ambulance services, correctional services and fire fighting services; and (b) the following, to the extent that they are social services established for a public purpose: i.) health; ii.) education; iii.) housing; iv.) training; v.) transport; vi.) public utilities; vii.) social security; and viii.) social welfare. Part 2 4) Unbound except for business visitors and intracorporate transferrees, subject to the following conditions: 4) Unbound except as indicated “Limitations on Market Access” (a) Business Visitors I. Definition A business visitor means a natural person of Chile: Annex 11.6 (HKC) - 1 in 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: Modes of supply: 1) Sector or Sub-sector Cross-border supply 2) Consumption abroad Limitations on Market Access i.) 3) Commercial presence Limitations on National Treatment who is seeking temporary entry to Hong Kong, China for the purpose of: (1) attending meetings or conferences, or engaging in consultations with business colleagues; (2) taking orders or negotiating contracts for a juridical person located in Hong Kong, China but not selling goods or providing services to the general public; or (3) undertaking business consultations concerning the establishment, expansion or winding up of a juridical person or investment in Hong Kong, China; ii.) who is not seeking to enter the labour market of Hong Kong, China; and iii.) whose principal place of business, actual place of remuneration and predominant place of accrual of profits remain outside Hong Kong, China. II. 4) Presence of natural persons Conditions (including duration of stay) The commitments: i.) shall apply to all (except financial services) sectors in the Services Sectoral Classification List WTO document (MTN.GNS/W/120); and ii.) are limited to entry and temporary stay for a period not exceeding 90 days, provided that normal immigration requirements are met. Annex 11.6 (HKC) - 2 Additional Commitments (a) relevant ordinances and regulations; (b) application procedures; and (c) pledge on processing time required on average where applicable. Modes of supply: 1) Sector or Sub-sector Cross-border supply 2) Consumption abroad Limitations on Market Access (b) Intra-corporate transferees I. 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment Definition An intra-corporate transferee means a senior manager or a specialist who is an employee of a service supplier of Chile with a commercial presence in Hong Kong, China. A senior manager means a natural person of Chile within an organisation of Chile who: i.) is a senior employee of that organisation with responsibility for the entire organisation’s operations, or a substantial part of it, in Hong Kong, China; ii.) has proprietary information of the organisation and receives only general supervision or direction from higher level executives or the board of directors or stockholders of the organisation; and iii.) supervises and controls the work of other supervisory, professional or managerial employees in Hong Kong, China. This does not include a firstline supervisor, unless the employees supervised are professional, nor does this include an employee who primarily performs tasks necessary for the provision of the service. A specialist means a natural person of Chile within an organisation of Chile who possesses knowledge at an advanced level of technical expertise, possesses proprietary knowledge of the organisation's service, research equipment, techniques, or Annex 11.6 (HKC) - 3 Additional Commitments Modes of supply: 1) Sector or Sub-sector Cross-border supply 2) Consumption abroad Limitations on Market Access management; and who is essential to the operation of the concerned service supplier’s establishment in Hong Kong, China. 3) Commercial presence Limitations on National Treatment Conditions (including duration of stay) Natural persons of Chile seeking entry into Hong Kong, China as senior manager or specialist under Hong Kong, China’s commitments on intra-corporate transferees 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 Hong Kong, China, not change employment or employers. The commitments: i.) shall only apply to the sectors and subsectors as set out in Appendix I; ii.) shall only apply to natural persons of Chile of service suppliers of Chile 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; and 4) Presence of natural persons Annex 11.6 (HKC) - 4 Additional Commitments Modes of supply: 1) Sector or Sub-sector Cross-border supply 2) Consumption abroad Limitations on Market Access iii.) 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment Additional 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. Temporary stay shall be limited to one year in the first instance, which may be extended up to a total of five years. (c) Temporary entry granted to a natural person of Chile pursuant to Hong Kong, China’s commitments on Business Visitors and Intra-corporate Transferees does not exempt that person from the requirements needed to carry out a profession or activity according to the domestic law, and any applicable mandatory codes of practice made pursuant to the domestic law, in force in the Area of Hong Kong, China. (d) Hong Kong, China shall grant temporary entry or extension of stay to the extent provided for in the commitments set out in this Schedule to natural persons of Chile, provided that those natural persons: i.) follow prescribed application procedures for the immigration formality1 sought; and ii.) meet all relevant eligibility requirements for entry into Hong Kong, China. 1 It is understood that “immigration formality” means a visa, permit, pass or other document or electronic authority granting a natural person permission to enter, stay, work or establish commercial presence in the Area of Hong Kong, China. Annex 11.6 (HKC) - 5 Modes of supply: 1) Cross-border supply Sector or Sub-sector II. 2) Consumption abroad Limitations on Market Access 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment Additional Commitments SECTOR SPECIFIC COMMITMENTS Commitments made by Hong Kong, China shall not prevent it from adopting or maintaining non-discriminatory measures which restrict or require specific types of legal entity through which a service supplier may supply a service, to achieve a legitimate policy objective. 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) 2) 3) Unbound None 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 1) 2) 3) Unbound Unbound None 4) Unbound except as indicated in Horizontal Commitments 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) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Annex 11.6 (HKC) - 6 Modes of supply: 1) Cross-border supply Sector or Sub-sector Architectural services (CPC 8671) Engineering services (CPC 8672) Urban planning and landscape architectural services (CPC 8674) 2) Consumption abroad Limitations on Market Access 1) Unbound 2) Unbound 3) None 4) Unbound except Commitments 1) 2) 3) Unbound Unbound None 4) Unbound except Commitments 1) 2) 3) Unbound None None 4) Unbound except Commitments as indicated in Horizontal 3) 4) 1) 2) 3) as indicated in Horizontal 4) Presence of natural persons Limitations on National Treatment Additional Commitments 1) Unbound 2) Unbound 3) None, except that to be registered as a Registered Architect, 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 except as indicated in Horizontal Commitments 1) 2) 3) as indicated in Horizontal Commercial presence 4) Unbound Unbound None, except that to be registered as a Registered Professional Engineer, 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 Unbound except as indicated in Horizontal Commitments Unbound None None, except that to be registered as a Registered Landscape Architect or Registered Professional 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 Unbound except as indicated in Horizontal Commitments Annex 11.6 (HKC) - 7 Modes of supply: 1) Cross-border supply Sector or Sub-sector Medical and dental services (CPC 9312) Veterinary (CPC 932) services None None None Unbound except Commitments Services provided by midwives, nurses, physiotherapists and para-medical personnel (CPC 93191) 1) 2) 3) 4) Unbound None Unbound Unbound except Commitments B. Computer and Related Services (CPC 84) 1) 2) 3) 4) None None None Unbound except Commitments 1) 2) 3) 4) None None None Unbound except Commitments 1) 2) 3) None None None 4) Unbound except Commitments E. Rental/Leasing Services without Operators Relating to ships (CPC 83103) Consumption abroad Limitations on Market Access 1) Unbound 2) None 3) Unbound 4) Unbound except as indicated in Commitments 1) 2) 3) 4) D. Real Estate Services (CPC 821-822) 2) as indicated in as indicated in as indicated in as indicated in as indicated in Horizontal 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment 1) Unbound 2) None 3) Unbound 4) Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) Unbound None Unbound Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) Unbound Unbound None Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments 1) 2) 3) None None None other than that the income derived from international operation of ships registered in the Hong Kong Shipping Register is exempted from Hong Kong, China’s profits tax Unbound except as indicated in Horizontal Commitments Horizontal 4) Annex 11.6 (HKC) - 8 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector Relating to other transport equipment (excluding services relating to air transport) (CPC 83101-83102) Relating to other machinery and equipment (excluding transport equipment) (CPC 83106-83109) F. Other Business Services Advertising services (CPC 871) Market research and public opinion polling services (CPC 864) Management consulting services (CPC 865) Services related to management consulting (CPC 866) 2) Consumption abroad Limitations on Market Access 1) Unbound 2) None 3) None 4) Unbound except as indicated in Commitments 1) 2) 3) 4) Unbound None None Unbound except Commitments 1) 2) 3) 4) None None None Unbound except Commitments 1) 2) 3) 4) Unbound None None Unbound except Commitments 1) 2) 3) 4) None None None Unbound except Commitments 1) 2) 3) 4) None None None Unbound except Horizontal as indicated in as indicated in as indicated in as indicated in as indicated in 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment 1) Unbound 2) Unbound 3) None 4) Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) Unbound Unbound None Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) Unbound Unbound None Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Annex 11.6 (HKC) - 9 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector Consumption abroad Limitations on Market Access Commitments 1) 2) 3) 4) None None None Unbound except Commitments 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) 2) 3) 4) None None None Unbound except Commitments 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) 2) 3) 4) None None None Unbound except Commitments Technical testing and analysis services (CPC 8676) 2) 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment Horizontal Commitments as indicated in as indicated in as indicated in Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Annex 11.6 (HKC) - 10 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector Services incidental to manufacturing: these are limited to consulting services only (Part of CPC 884+ 885) Placement and supply services of personnel (CPC 872) Investigation services (CPC 87301) Security services (CPC 87302 – 87305) 1) 2) 3) 4) Consumption abroad Limitations on Market Access None None None Unbound except as indicated in Commitments 1) 2) 3) 4) None None None Unbound except Commitments 1) 2) 3) 4) None None None Unbound except Commitments 1) 2) 3) 4) Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) (CPC 633, CPC 8861 – 8866) 2) 1) 2) 3) 4) Horizontal 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment 1) None 2) None 3) None 4) Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments None None None other than that service supplier may only provide the service in the form of a company incorporated in Hong Kong, China under the Companies Ordinance. Unbound except as indicated in Horizontal Commitments 1) 2) 3) None None None 4) Unbound except as indicated in Horizontal Commitments Unbound None None Unbound except Commitments 1) 2) 3) 4) Unbound Unbound None Unbound except as indicated in Horizontal Commitments as indicated in as indicated in as indicated in Horizontal Annex 11.6 (HKC) - 11 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector Building cleaning services (CPC 874) Photographic services (CPC 875) Packaging (CPC 876) services Printing, publishing services (CPC 88442) Translation and interpretation services (CPC 87905) Specialty services (CPC 87907) design 1) 2) 3) 4) 2) Consumption abroad Limitations on Market Access Unbound None None Unbound except as indicated in Horizontal Commitments 1) 2) 3) 4) None None None Unbound except Commitments 1) 2) 3) 4) Unbound None None Unbound except Commitments 1) 2) 3) 4) None None None Unbound except Commitments 1) 2) 3) 4) None None None Unbound except Commitments 1) 2) 3) 4) None None Unbound Unbound except Commitments 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment 1) Unbound 2) None 3) None 4) Unbound except as indicated in Horizontal Commitments as indicated in Horizontal 1) 2) 3) 4) Unbound Unbound None Unbound except as indicated in Horizontal Commitments as indicated in Horizontal 1) 2) 3) 4) Unbound None None Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) Unbound Unbound None Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) Unbound Unbound Unbound Unbound except as indicated in Horizontal Commitments as indicated in as indicated in as indicated in Annex 11.6 (HKC) - 12 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector Convention services including exhibition management services which are limited to activities relating to planning, organising, managing and marketing services for exhibitions, conventions and similar events (Part of CPC 87909) 2. 2) Consumption abroad Limitations on Market Access 1) 2) 3) 4) None None None Unbound except Commitments 1) 2) 3) 4) Unbound None None Unbound except Commitments 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment as indicated in Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) Unbound Unbound None Unbound except as indicated in Horizontal Commitments 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) as indicated in Annex 11.6 (HKC) - 13 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector C. Telecommunication Services 2) Consumption abroad Limitations on Market Access 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment Local services (a) Voice 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) Other 1) 2) 3) 4) None None None Unbound except Commitments 1) None other than: - Public external telephone service2 is not allowed; - For self-provision of external satellite as indicated in Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments 1) None Mobile services - mobile radio telephone services including Cellular and Personal Communications Services - mobile data services - radio paging services International services (a) Voice services (resale based only) (b) Packet-switched data transmission services 2 “External telephone services” only include person to person voice communications with places outside Hong Kong, China. Annex 11.6 (HKC) - 14 Additional Commitments Additional commitments on regulatory principles (Details at Appendix II) Modes of supply: 1) Cross-border supply Sector or Sub-sector (resale based only) (c) Circuit-switched data transmission services (resale based only) (f) Facsimile services (resale based only) (o) Other - Self provision of external satellite circuits for a company if the messages originated from or received at the Hong Kong, China end are intended for the company, its holding, subsidiary or affiliated companies; or for an organisation if the messages originated from or received at the Hong Kong, China end are intended for the common business or activities of the organisation - Virtual private network service (resale based only) - Mobile satellite service (h) (i) Value added services: Electronic mail Voice mail 2) Consumption abroad Limitations on Market Access circuits, connection to the public-switched telephone network (PSTN) at the Hong Kong, China end may be restricted; - For virtual private network service, connection to the PSTN at the Hong Kong, China end may be restricted; - For mobile satellite service, gateway station for mobile satellite traffic is not allowed. 2) None 3) None other than: - Public external telephone service2 is not allowed; - For self-provision of external satellite circuits, connection to the PSTN at the Hong Kong, China end may be restricted; - For virtual private network service, connection to the PSTN at the Hong Kong, China 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 1) 2) 3) None None None 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment 2) 3) None None 4) Unbound except as indicated in Horizontal Commitments 1) 2) 3) None None None Annex 11.6 (HKC) - 15 Additional Commitments Modes of supply: 1) Cross-border supply 2) Consumption abroad Sector or Sub-sector Limitations on Market Access (j) On-line information as indicated in Horizontal and data base access 4) Unbound except Commitments 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) 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment 4) Unbound except as indicated in Horizontal Commitments 1) 2) 3) 4) Unbound None None Unbound except as indicated in Horizontal Commitments D. Audiovisual Services Radio and television services - Production services of programme content for sale to operators of radio services, provided that such production services are not subject to licensing under the relevant legislation of Hong Kong, China 1) 2) 3) 4) Unbound None None Unbound except Commitments as indicated in Horizontal Annex 11.6 (HKC) - 16 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector 1) 2) 3) 4) Unbound None None Unbound except Commitments Motion picture and video tape production and distribution services (CPC 9611) 1) 2) 3) 4) None None None Unbound except Commitments Motion picture projection services 1) 2) 3) 4) None None None Unbound except Commitments 1) 2) 3) 4) None None None Unbound except Commitments Sound recording services: these are limited to services relating to the provision of soundtrack Consumption abroad Limitations on Market Access - Production services of programme content for sale to operators of television services, provided that such production services are not subject to licensing under the relevant legislation of Hong Kong, China - Motion picture projection services in cinemas (Part of CPC 96121) 2) 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment as indicated in Horizontal 1) 2) 3) 4) Unbound None None Unbound except as indicated in Horizontal Commitments as indicated in Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments as indicated in Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments as indicated in Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Annex 11.6 (HKC) - 17 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector 3. 2) Consumption abroad Limitations on Market Access 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment CONSTRUCTION AND RELATED ENGINEERING SERVICES D. Building Completion and Finishing Work Interior design services: these are limited to specialised consulting services related to the postconstruction design and fitting out of interior living and working spaces (Part of CPC 517) 1) 2) 3) 4) Unbound None None Unbound except Commitments E. Other Project management services: these are limited to the supervision and coordination of construction projects but do not cover engineering or architectural services and railway 1) 2) 3) 4) Unbound None None Unbound except Commitments as indicated in Horizontal 1) 2) 3) 4) Unbound None None Unbound except as indicated in Horizontal Commitments as indicated in Horizontal 1) 2) 3) 4) Unbound None None Unbound except as indicated in Horizontal Commitments Annex 11.6 (HKC) - 18 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector construction and project implementation 4. DISTRIBUTION SERVICES A. Commission agents’ services (CPC 621) (except for energy products and services) B. Wholesale trade services (CPC 622 except CPC 62224) Wholesale trade services of fishery products (CPC 62224) 2) Consumption abroad Limitations on Market Access 1) 2) 3) 4) None None Unbound Unbound except Commitments 1) 2) 3) 4) None None None Unbound except Commitments 1) 2) 3) 4) Unbound None Unbound Unbound except Commitments 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment as indicated in Horizontal 1) 2) 3) 4) None None Unbound Unbound except as indicated in Horizontal Commitments as indicated in Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments as indicated in Horizontal 1) 2) 3) 4) Unbound None Unbound Unbound except as indicated in Horizontal Commitments Annex 11.6 (HKC) - 19 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector 2) Consumption abroad Limitations on Market Access 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment C. Retailing services Retailing services excluding all pharmaceutical, medical, surgical and orthopaedic products (CPC 631-632 except for CPC 63211) 5. EDUCATIONAL SERVICES C. Higher education services (CPC 923) D. Adult education (CPC 924) 1) 2) 3) 4) None None None Unbound except Commitments 1) None except that the provision of local courses and non-local courses at post-secondary level are subject to different registration requirements. Institutions providing local courses at postsecondary level shall be registered under the Post Secondary Colleges Ordinance (Cap. 320) or for provision of courses not leading to the award of a degree shall be registered under the Education Ordinance (Cap. 279), while non-local courses leading to the award of a non-local higher academic or professional qualification shall be registered under the Non-local Higher and Professional Education (Regulation) Ordinance (Cap. 493). 2) 3) 4) as indicated in Horizontal A person who provides non-local courses which are regulated courses is subject, inter alia, to the following measures under Cap. 493: a regulated course conducted in collaboration with a local institution of higher education specified under Cap. 493 can be exempted from registration subject to conditions stipulated in Section 8 of Cap. 493. None Unbound Unbound except as indicated in Horizontal Commitments 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments 1) None except that a person who provides non-local courses which are regulated courses is subject, inter alia, to the following measures under Cap. 493: an application for registration of a regulated course requires, inter alia, the undertaking of a person who states that he/she undertakes to perform, in relation to the course, the functions imposed on a designated person by Cap. 493. Such person shall be ordinarily resident in Hong Kong, China and the holder of a Hong Kong Identity Card. 2) None 3) Unbound 4) Unbound except as indicated in Horizontal Commitments Annex 11.6 (HKC) - 20 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector ENVIRONMENTAL SERVICES A. Sewage services (CPC 9401) 2) Consumption abroad Limitations on Market Access 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment 6. 1) 2) 3) 4) None None None Unbound except as indicated in Commitments B. Refuse disposal services: these are limited to collection services of garbage, trash, rubbish and waste from households (Part of CPC 9402) 1) 2) 3) 4) None None None Unbound except as indicated in Commitments C. Sanitation and similar services (CPC 9403) 1) 2) 3) 4) None None None Unbound except as indicated in Commitments 1) 2) 3) 4) None None None Unbound except as indicated in Commitments D. Others - Cleaning services of exhaust gas (CPC 9404) abatement - Noise services (CPC 9405) - Nature and landscape protection services (CPC 9406) - Other environmental protection services not elsewhere classified (CPC 9409) Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Annex 11.6 (HKC) - 21 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector 2) Consumption abroad Limitations on Market Access 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment 9. TOURISM AND TRAVEL RELATED SERVICES A. Hotels and Restaurants (including catering) Hotel services 6411) (CPC 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Motel lodging services (CPC 6412) 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Other lodging services (CPC 64191, 64192, 64194 and 64195) 1) 2) 3) 4) Unbound None None Unbound except as indicated in Horizontal Commitments 1) 2) 3) 4) Unbound Unbound None Unbound except as indicated in Horizontal Commitments Restaurant and catering services (CPC 642-643) 1) 2) 3) 4) Unbound None None Unbound except as indicated in Horizontal Commitments 1) 2) 3) 4) Unbound None None Unbound except as indicated in Horizontal Commitments Annex 11.6 (HKC) - 22 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector 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) 2) Consumption abroad Limitations on Market Access 1) 2) 3) 4) 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment None None None other than that only a company may operate tours and open branch offices3 Unbound 1) 2) 3) None None None 4) Unbound except as indicated in Horizontal Commitments None None None Unbound except as indicated in Horizontal Commitments 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Additional Commitments 10. RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audiovisual services) A. Entertainment Services (CPC 9619 except 96194, 96199) 1) 2) 3) 4) 3 "Company" means 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 registered as such in Hong Kong, China under the Companies Ordinance. Annex 11.6 (HKC) - 23 Modes of supply: 1) Cross-border supply Sector or Sub-sector C. Libraries, Archives, Museums and Other Cultural Services Library and archives services (CPC 9631) D. Sporting and Other Recreational Services (excluding gambling and betting services) (Part of CPC 964) 2) Consumption abroad Limitations on Market Access 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment 1) 2) 3) 4) Unbound None None Unbound except as indicated in Horizontal Commitments 1) 2) 3) 4) Unbound Unbound None Unbound except as indicated in Horizontal Commitments 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Additional Commitments 11. TRANSPORT SERVICES A. Maritime Transport Services (excluding cabotage 4 transport) 4 “Cabotage” covers transportation of passengers or goods between a point in Hong Kong, China and another point in Hong Kong, China, as well as traffic originating and terminating in the same point in Hong Kong, China, provided that this traffic remains within the waters of Hong Kong, China. Annex 11.6 (HKC) - 24 Modes of supply: 1) Sector or Sub-sector International transport (Passenger) (CPC 7211) International transport (Freight) (CPC 7212) 5 Cross-border supply 2) Consumption abroad Limitations on Market Access 1) None 2) None 3) None5 4) Unbound except Commitments 1) 2) 3) None None None5 4) Unbound except Commitments as indicated in Horizontal 3) 4) Presence of natural persons Limitations on National Treatment 1) None 2) 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 1) 2) 3) as indicated in Horizontal Commercial presence 4) None None 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 Unbound except as indicated in Horizontal Commitments Additional Commitments Where the following services are not otherwise covered by the obligation enshrined in Article 11.2.1(c), they will be made available to international transport service suppliers on reasonable and nondiscriminatory 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. “Commercial presence for the supply of international maritime transport services” means the ability for international maritime transport service supplier of the other Party to undertake locally all activities which are necessary for the supply to their customers of a partially or fully integrated transport 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 invoicing, these services being those operated or offered by the service supplier itself or by service supplier with which the service seller has established standing business arrangements; (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, necessary for the supply of the integrated service; (c) the preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported; (d) the provision of business information by any means, including computerised information systems and electronic data interchange (subject to the provisions of GATS Annex on Telecommunications); (e) the setting up of any business arrangements (including participation in the stock of a company) and the appointment of personnel recruited locally with any locally established shipping agency; and (f) acting on behalf of the companies, organising the call of the ship or taking over cargoes when required. Annex 11.6 (HKC) - 25 Modes of supply: 1) Cross-border supply Sector or Sub-sector 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 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 organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation 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 2) Consumption abroad Limitations on Market Access 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment 1) 2) 3) None None None 4) Unbound except Commitments 1) Unbound except for no limitation on transshipment (board to board or via the quay) and/or on the use of on-board cargo handling equipment 1) 2) 3) 4) None None Unbound except as indicated in Horizontal Commitments 2) 3) 4) 1) 2) 3) as indicated in Horizontal 4) None None 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 Unbound except as indicated in Horizontal Commitments 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 None None Unbound except as indicated in Horizontal Commitments Annex 11.6 (HKC) - 26 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector after discharge. Storage and warehousing services 2) Consumption abroad Limitations on Market Access 1) 2) 3) None None None 4) Unbound except 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) 2) 3) 4) Unbound None None Unbound except Commitments Container station and depot services: these are limited to activities consisting of storing containers, whether in port areas or inland, 1) 2) 3) 4) None None None Unbound except Commitments 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment 1) 2) 3) None None None other than that to apply for a licence for the manufacture or storage of dutiable commodities under the Dutiable Commodities Ordinance (Cap. 109), the applicant has to appoint a person to be held responsible for the running and management of the premises concerned; and the responsible person has to be a Hong Kong resident holding a valid Hong Kong Identity Card. Unbound except as indicated in Horizontal Commitments as indicated in Horizontal 4) as indicated in Horizontal 1) 2) 3) 4) Unbound None None Unbound except as indicated in Horizontal Commitments as indicated in Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments Annex 11.6 (HKC) - 27 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector with a view to their stuffing/stripping, repairing and making them available for shipment 2) Consumption abroad Limitations on Market Access 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 organising the call of the ship or taking over cargoes when required 1) 2) 3) 4) None None None Unbound except 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) 2) 3) 4) None None None Unbound except Commitments Maritime freight forwarding services: these are limited to the activities consisting of 1) 2) 3) 4) None None None Unbound except 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment as indicated in Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments as indicated in Horizontal 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments 1) 2) 3) in Horizontal 4) None None None Unbound except as indicated in as indicated Annex 11.6 (HKC) - 28 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information. 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. 2) Consumption abroad Limitations on Market Access Commitments 1) 2) 3) 4) None None None Unbound except Commitments as indicated 3) Commercial presence 4) Presence of natural persons Limitations on National Treatment Horizontal Commitments 1) 2) 3) in Horizontal 4) None None None Unbound except as indicated in Horizontal Commitments Annex 11.6 (HKC) - 29 Additional Commitments Modes of supply: 1) Cross-border supply Sector or Sub-sector F. Road Transport Services Freight transportation (CPC 7123) H. Services auxiliary to all modes of transport Freight transport agency services (CPC 748) 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Limitations on Market Access 1) None 2) None 3) None 4) Unbound except as indicated in Horizontal Commitments Limitations on National Treatment 1) None 2) None 3) None 4) Unbound except as indicated in Horizontal Commitments 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments 1) 2) 3) 4) None None None Unbound except as indicated in Horizontal Commitments 1) 2) 3) 4) Unbound None None Unbound except as indicated in Horizontal Commitments 1) 2) 3) 4) Unbound None None Unbound except as indicated in Horizontal Commitments 12. OTHER SERVICES NOT INCLUDED ELSEWHERE Spa services (Part of CPC 9702) Annex 11.6 (HKC) - 30 Additional Commitments APPENDIX I Hong Kong, China’s Commitments on Intra-corporate Transferees apply only to the following sectors / sub-sectors: 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) 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) Architectural services (CPC 8671) Engineering services (CPC 8672) B. Computer and Related Services (CPC 84 except for CPC 845 and CPC 8499) F. Other Business Services Advertising services (CPC 871) Management consulting services (CPC 865) Services related to management consulting (CPC 866) Placement and supply services of personnel (CPC 872) 2. COMMUNICATION SERVICES C. Telecommunication Services Local services (a) Voice 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) Other Annex 11.6 (HKC) - 31 Mobile services -mobile radio telephone services including Cellular and Personal Communications Services -mobile data services -radio paging services 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) Other - - Self provision of external satellite circuits for a company if the messages originated from or received at the Hong Kong, China end are intended for the company, its holding, subsidiary or affiliated companies; or for an organisation if the messages originated from or received at the Hong Kong, China end are intended for the common business or activities of the organisation Virtual private network service (resale based only) Mobile satellite service Value added services (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) Motion picture projection services - Motion picture projection services in cinemas (Part of CPC 96121) Sound recording services: these are limited to services relating to the provision of soundtrack 3. CONSTRUCTION AND RELATED ENGINEERING SERVICES D. Building Completion and Finishing Work Interior design services: these are limited to specialised consulting services related to the post-construction design and fitting out of interior living and working spaces (Part of CPC 517) Annex 11.6 (HKC) - 32 E. Other Project management services: these are limited to the supervision and coordination of construction projects but do not cover engineering or architectural services 11. TRANSPORT SERVICES A. Maritime Transport Services International transport (excluding passenger transport and cabotage6 transport) (CPC 7212) 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 6 “Cabotage” covers transportation of passengers or goods between a point in Hong Kong, China and another point in Hong Kong, China, as well as traffic originating and terminating in the same point in Hong Kong, China, provided that this traffic remains within the waters of Hong Kong, China. Annex 11.6 (HKC) - 33 APPENDIX II 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 materially affect the terms of participation (having regard to price and supply) in the relevant 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-subsidisation; (b) using information obtained from competitors with anti-competitive results; and (c) not making available to other services suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services. Annex 11.6 (HKC) - 34 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 another supplier, where specific commitments are undertaken. 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 less favourable than that provided for its own like services or for like services of non-affiliated 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 transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that 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 the 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 procedures for interconnection negotiations The procedures applicable for interconnection 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, Annex 11.6 (HKC) - 35 to an independent domestic body, which may be a regulator as referred to in paragraph 5, to resolve disputes regarding appropriate terms, conditions 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-discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service defined by Hong Kong, China. 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 conditions 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 objective, timely, transparent and nondiscriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required. Annex 11.6 (HKC) - 36