 ORGANIZACIÓN MUNDIAL  
DEL COMERCIO  S/DCS/W/HKG 
24 de enero de 2003 
 (03-0463) 
Comercio de Servicios Original:   inglés 
   
HONG KONG, CHINA 
 
Proyecto de Lista refundida de Compromisos Específicos
1 
 
 
 El documento adjunto contiene un proyect o de la Lista refundida de Compromisos 
Específicos de Hong Kong, China, en formato Word .  Este documento no sustituye los compromisos 
jurídicamente vinculantes contraídos por Hong Kong , China en su Lista de Compromisos Específicos 
(GATS/SC/39;  GATS/SC/39/Suppl.2;  GATS/SC/39/Suppl.3).   El proyecto de Lista refundida fue preparado por la Secretaría, a petición de los Miembros, 
para facilitar el proceso de las negociaciones, incluida la presentación de ofertas iniciales. 
 
_______________  
 
                                                      
1 Este documento se ha preparado, en inglés solament e, bajo la responsabilidad de la Secretaría y sin 
perjuicio de las posiciones de los Miembros ni de sus derechos y obligaciones en el marco de la OMC.  S/DCS/W/HKG 
Página 2 HONG KONG, CHINA – SCHEDULE OF SPECIFIC COMMITMENTS 
 
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 Limi tations on National Treatm ent Additional Commitments 
I. 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 
 1) Unbound 
2) None 3) None other than that the provision of statutory 
auditing services is limited to natural persons 
licensed as certified pub lic accountants, 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 
 1) Unbound 
2) Unbound 3) None 
 
  
4) Unbound  
 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 1) Unbound 
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 
  
   S/DCS/W/HKG
 Página 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 Limi tations on National Treatm ent Additional Commitments 
B. Computer and Related 
Services  
    
 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 implementation 
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 purchased 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) None
1 
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 
  
 
 
                                                      
1 Commitment excludes cross-border supply of international value-added or basic telecommunications services.  S/DCS/W/HKG 
Página 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 Limi tations on National Treatm ent Additional Commitments 
D. Real Estate Services  
  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 
2) None 
3) None 4) Unbound 
  
 1) Unbound 
2) Unbound 
3) None 4) Unbound  
E. Rental/Leasing Services 
without Operators  
 
 Relating to ships 
  
  
1) Unbound 
2) None 3) None 
 
 
 
4) Unbound   
  
1) Unbound 
2) Unbound 
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) 
 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) 
 1) Unbound 
2) None 
3) None 4) Unbound 1) Unbound 
2) Unbound 
3) None 4) Unbound    S/DCS/W/HKG
 Página 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 Limi tations on National Treatm ent Additional Commitments 
F. Other Business Services  
    
 Advertising services:  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 of advertising material 
 1) None 
2) None 
3) None 
4) Unbound except for intra-corporate transfer of 
general managers, senior managers and 
specialists as set in the Attachment 
  1) Unbound 
2) Unbound 
3) None 
4) Unbound  
  
 
 Market research and public 
opinion polling services:  
these are limited to 
investigation, analysis and advice on collective 
opinions of the public about 
political, social and 
economic 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:  these are limited to the provision of advice 
and guidance to businesses 
regarding planning, organization, efficiency and 
control, and management 
information 1) Unbound 
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 
  
  S/DCS/W/HKG 
Página 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 Limi tations on National Treatm ent Additional 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. 
 1) Unbound 
2) None 3) None 
4) Unbound 
 1) Unbound 
2) Unbound 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. 
 1) Unbound 
2) None 3) None 
4) Unbound 
 1) Unbound 
2) Unbound 3) None 
4) Unbound 
  
 Maintenance and repair of 
equipment (not including 
maritime vessels, aircraft or other transport equipment) 
 1) Unbound 
2) None 
3) None 4) Unbound 
 1) Unbound 
2) Unbound 
3) None 4) Unbound 
  
 
 Building cleaning services:  
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 
3) None 
4) Unbound   
   S/DCS/W/HKG
 Página 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 Limi tations on National Treatm ent Additional Commitments 
 Photographic services:  
these are limited to commercial and consumer 
photograph production and 
processing including portrait photography, 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 
  
 
 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 
 1) Unbound 
2) None 3) None 
4) Unbound 
 1) Unbound 
2) Unbound 3) None 
4) Unbound 
  
  
 Translation services: 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 conventions 
and similar events 1) Unbound 
2) None 3) None 
4) Unbound 
 1) Unbound 
2) Unbound 3) None 
4) Unbound 
   
  S/DCS/W/HKG 
Página 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 Limi tations on National Treatm ent 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 
 1) Unbound 
2) None 
3) None 4) Unbound 
 1) Unbound 
2) Unbound 
3) None 4) Unbound 
  
 
C. Telecommunication 
Services  
    
 Local services  
    
(a) Voice services 
(b) Packet-switched data 
transmission services 
(c) Circuit-switched data 
transmission services 
(f) Facsimile services 
(g) Private leased circuit 
services 
(o) Others 
 
 Mobile services  
 
 - mobile radio telephone 
 services including  Cellular and Personal 
 Communications 
 Services 
 - mobile data services 
 - radio paging services 
 1) None 
2) None 
3) None other than the following: 
 - Chubb Electronics (HK) Ltd 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 fixed network 
 services were 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. 
 4) Unbound except for intra-corporate transfer of 
general managers, senior managers and 
specialists as set out in the Attachment to GATS/SC/39. 1) None 
2) None 
3) None 
 
  
 
  
 
  
 
  
 
 4) Unbound Additional commitments  
on regulatory principles 
(Details at Annex)   S/DCS/W/HKG
 Página 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 Limi tations on National Treatm ent Additional 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)  
 1) None other than: 
 - Public external telephone service
2 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;  
 1) None 
 
 
 
(o) Others 
 
 - 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 mobile satellite service, gateway 
 station for mobile satellite traffic is not 
 allowed. 
2) None 
3) None other than: 
 - Public external telephone service
2 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.  
 
 2) None 
3) None  
 
                                                      
2 “External telephone services” only include person to person voice communica tions with places outside Hong Kong.  S/DCS/W/HKG 
Página 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 Limi tations on National Treatm ent Additional Commitments 
 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  4) Unbound except for intra-corporate transfer of 
general managers, senior managers and specialists as set out in the Attachment to 
GATS/SC/39. 
 4) Unbound  
 Value added services:  
these are limited to public 
services accessed by its subscribers via, and offered 
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 
2) None 
3) None other than that commercial presence 
must take the form of a company
3 
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  
                                                      
3 "Company" means broadly, a company incorporated in Hong Kong unde r the Companies Ordinance, or a company incorporated outside Hong Kong which 
establishes a place of business and registered as  such in Hong Kong under the Companies Ordinance.   S/DCS/W/HKG
 Página 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 Limi tations on National Treatm ent Additional Commitments 
D. Audiovisual Services  
  Motion picture and video 
tape production and 
distribution services:  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 
2) Unbound 
3) None 4) Unbound 
  
 
 Sound recording services: 
these are limited to 
services relating to the 
provision of sound-track 
 1) None 
2) None 
3) None 
4) Unbound  1) Unbound 
2) Unbound 
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 
 1) None 
2) None 
3) None 4) Unbound 
 1) Unbound 
2) Unbound 
3) None 4) Unbound 
  
 
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 1) Unbound 
2) None 3) None 
4) Unbound 
 1) Unbound 
2) Unbound 3) None 
4) Unbound 
  
  S/DCS/W/HKG 
Página 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 Limi tations on National Treatm ent Additional 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 
 1) Unbound 
2) None 
3) None 
4) Unbound  1) Unbound 
2) Unbound 
3) None 
4) Unbound   
 
4. DISTRIBUTION 
SERVICES 
    
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  
 1) Unbound 
2) None 
3) None 4) Unbound 
  
 1) Unbound 
2) Unbound 
3) None 4) Unbound 
  
   S/DCS/W/HKG
 Página 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 Limi tations on National Treatm ent 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 Regi on (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 repres entative office. 
4) Unbound except as set out in the Attachment 
on "Presence of Natural Persons" to this Schedule
4. 3) None other than that the chief executive 
appointed by the authorized insurer should 
normally reside in HKSAR. 
  
 
  
4) Unbound 
   
                                                      
4 Commitments on presence of na tural persons are confined to businesses regulat ed under HKSAR banking, s ecurities, insurance and  related legislation.  S/DCS/W/HKG 
Página 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 Limi tations on National Treatm ent 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. 
2) None 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. 
4) Unbound except as set out in the Attachment 
on "Presence of Natural Persons" to this 
Schedule
5. 
 3) None other than that the chief executive 
appointed by the authorized insurer should normally reside in HKSAR. 
 
  
 
4) Unbound  
 
  
 Services auxiliary to 
insurance (including 
broking and agency services) 
 1) None other than claims settlement 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. 
2) None 
3) None 
4) Unbound except as set out in the Attachment 
on "Presence of Natural Persons" to this 
Schedule
5. 
 1) Unbound 
 
  
 
2) Unbound 
3) None 
4) Unbound  
  
B. Banking and Other 
Financial Services  
(excluding insurance) 
    
 Acceptance of deposits and 
other repayable funds from the public 1) Unbound 
2) None  1) Unbound 
2) Unbound   
                                                      
5 Commitments on presence of natu ral persons are confined to businesses regulated  under HKSAR banking, secu rities, insurance and related legislation.    S/DCS/W/HKG
 Página 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 Limi tations on National Treatm ent Additional Commitments 
 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 
 condition: 
 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 maintain (i) offices to 
 which customers have access (physical 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 outs ide HKSAR licensed 
 before May 1978 in respect of full 
 licensed banks and before April 1990 in  respect of restricted licence banks.    S/DCS/W/HKG 
Página 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 Limi tations on National Treatm ent Additional Commitments 
  (b) Limited companies incorporated 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 
 with HKSAR.  Overseas banks may also  acquire an existing locally incorporated 
 bank with branching rights subject to 
 consent of the Monetary Authority. 
   
  (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 set out in the Attachment 
on "Presence of Natural Persons" to this Schedule
6 
 4) Unbound  
 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 set out in the Attachment 
on "Presence of Natural Persons" to this 
Schedule
6. 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound   
                                                      
6 Commitments on presence of na tural persons are confined to businesses regulat ed under HKSAR banking, s ecurities, insurance and  related legislation.   S/DCS/W/HKG
 Página 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 Limi tations on National Treatm ent Additional Commitments 
 Financial leasing 
 1) None 
2) None 3) None 
4) Unbound except as set out in the Attachment 
on "Presence of Natural Persons" to this Schedule
6. 1) Unbound 
2) Unbound 3) None 
4) Unbound 
  
 All payment and money 
transmission services 1) Unbound 
2) None 
3) None 1) Unbound 
2) Unbound 
3) None  
 4) Unbound except as set out in the Attachment 
on "Presence of Natural Persons" to this 
Schedule7 
 4) Unbound   
 Guarantees and 
commitments 
 1) None 
2) None 3) None 
4) Unbound except as set out in the Attachment 
on "Presence of Natural Persons" to this Schedule
7 
 1) Unbound 
2) Unbound 3) None 
4) Unbound 
   
                                                      
7 Commitments on presence of natu ral persons are confined to businesses regulated  under HKSAR banking, secu rities, insurance and related legislation.   S/DCS/W/HKG 
Página 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 Limi tations on National Treatm ent 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 Limited.
8  
 
 Only corporations incorporated in HKSAR 
may become members of the Hong Kong Futures Exchange. 
4) Unbound except as set out in the Attachment 
on "Presence of Natural Persons" to this 
Schedule
7. 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 registered as a dealer. 
  
 
  
4) Unbound 
 
  
 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 set out in the Attachment 
on "Presence of Natural Persons" to this Schedule
9. 
 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 dealer s (above) shall apply. 
4) Unbound 
  
 
                                                      
8 The residence requirement for memberships can be waived for pe rsons of good reputation with subs tantial experience of dealing in securities. 
9 Commitments on presence of na tural persons are confined to businesses regulat ed under HKSAR banking, s ecurities, insurance and  related legislation.    S/DCS/W/HKG
 Página 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 Limi tations on National Treatm ent 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 set out in the Attachment 
on "Presence of Natural Persons" to this Schedule
9. 
 1) Unbound 
2) Unbound 3) None 
4) Unbound 
  
 
 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 strategy1) None other than commodity trading and 
investment advisory service 
2) None 3) None 
4) Unbound except as set out in the Attachment 
on "Presence of Natural Persons" to this Schedule
9. 
 1) Unbound 
 
2) Unbound 3) None 
4) Unbound 
  
 
 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 set out in the Attachment 
on "Presence of Natural Persons" to this 
Schedule
10 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound   
 
                                                      
10 Commitments on presence of natu ral persons are confined to businesses regulated  under HKSAR banking, secu rities, insurance and related legislation.   S/DCS/W/HKG 
Página 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 Limi tations on National Treatm ent Additional Commitments 
9. TOURISM AND TRAVEL 
RELATED SERVICES 
    
A. Hotels and Restaurants  
 (including catering) 
    
 Hotel services:  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 
2) None 
3) None 4) Unbound 
 1) Unbound 
2) Unbound 
3) None 4) Unbound 
  
 
 Restaurant and catering 
services:  these are limited to the sale of prepared 
foods and drinks through 
catering or in restaurants both for consumption on 
and off the premises 1) Unbound 
2) None 3) None 
4) Unbound 
 1) Unbound 
2) Unbound 3) None 
4) Unbound 
  
   S/DCS/W/HKG
 Página 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 Limi tations on National Treatm ent 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 and the 
provision of related 
services such as the furnishing of travel 
information, advice and 
planning 
 1) Unbound 
2) None 
3) None other than that only a company may 
operate tours and open branch offices
11 
4) Unbound 
 1) Unbound 
2) Unbound 
3) None  
4) Unbound 
  
10. RECREATIONAL, 
CULTURAL AND SPORTING SERVICES 
  
  
  
 
C. Libraries, Archives, 
Museums and Other 
Cultural Services  
    
 Library and archives 
services:  these are limited to the maintenance, 
sequencing and storage of 
publications, documents, etc. for record and future 
reference and related 
consulting services 1) Unbound 
2) None 
3) None 
4) Unbound 1) Unbound 
2) Unbound 
3) None 
4) Unbound  
                                                      
11 "Company" means broadly, a company incorporated in Hong Kong unde r the Companies Ordinance, or a company incorporated outside Hong Kong which 
establishes a place of business and registered as  such in Hong Kong under the Companies Ordinance.  S/DCS/W/HKG 
Página 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 Limi tations on National Treatm ent Additional Commitments 
11. TRANSPORT SERVICES 
 A. Maritime Transport 
Services    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.   S/DCS/W/HKG
 Página 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 Limi tations on National Treatm ent Additional Commitments 
 
 International transport  
 (excluding passenger  transport and cabotage 
 transport) 
 1) None 
2) None 
3) None
12 
 
  
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 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  
 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 
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 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  
                                                      
12 “Commercial presence for the supply of in ternational maritim e transport services” means the ability for international maritime  transport service supplier of other Members 
to undertake locally all act ivities which are necessary for the supply to thei r customers of a partially or fully integrated tr ansport service, within which the maritime transport 
constitutes a substantial element.   
These activities include, but are not limited to:   
(a) marketing and sales of maritime trans port and related services through direct cont act with customers, from quotation to inv oicing, these services being those operated or 
offered by the service supplier itself or by service supplier wi th which the service seller has established standing business a rrangements;   
b) the acquisition, on their own account or on behalf of their cust omers (and the resale to their customers) of any transport a nd related services, including inward transport 
services by any mode, particularly inland waterways, ro ad and rail, necessary for the supply of the integrated  service;   
(c) the preparation of documentation co ncerning transport documents, customs documents, or other documents related to the origin a nd character of the goods transported;  
(d) the provision of business information by any means, including  computerised information syst ems and electronic data intercha nge (subject to the provisions of the Annex 
on Telecommunications);   
(e) the setting up of any business arrangeme nts (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 cal l of the ship or taking over cargoes when required.   S/DCS/W/HKG 
Página 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 Limi tations on National Treatm ent 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  1) Unbound 
2) None 3) None 
4) Unbound 1) Unbound 
2) Unbound 3) None 
4) Unbound  
 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. 
    
 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 
3) None 4) Unbound 
  
   S/DCS/W/HKG
 Página 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 Limi tations on National Treatm ent 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 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 
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 
2) None 3) None 
4) Unbound 1) Unbound 
2) Unbound 3) None 
4) Unbound   S/DCS/W/HKG 
Página 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 Limi tations on National Treatm ent 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 
2) None 3) None 
4) Unbound 1) Unbound 
2) Unbound 3) None 
4) Unbound 
  
 
  S/DCS/W/HKG 
 Página 27 
 
 
Annex  
 
Additional Commitments on Regulatory Principles  
 Scope
 
 
The following are definitions and principl es 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 suppliers on a timely basis technical    information about essential facilities and commercially relevant information which 
  are necessary for them to provide services.  
2. Interconnection
 
 2.1 This section applies to linking with supplie rs 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 anot her supplier, where specific commitments are 
undertaken. S/DCS/W/HKG 
Página 28  
 
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, conditi ons (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 unb undled 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 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 re gulator 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 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. 
  S/DCS/W/HKG 
 Página 29 
 
 
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. S/DCS/W/HKG 
Página 30  
 
ATTACHMENT ON "PRESENCE OF NATURAL PERSONS" 
 (1) To the extent specific commitm ents are inscribed in respect of  "presence of natural persons" 
in the schedule, such commitments shall include in tra-corporate transfer of general managers, senior 
managers and specialists.  Genera l managers, senior managers and sp ecialists shall be defined as - 
 
 (i) General manager - the chief executive offi cer or equivalent who leads and directs an 
establishment in Hong Kong of a service supp lier of a Member and who is personally 
responsible for the overall performance 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 
managerial employees in Hong Kong, have the authority to hire and fire or 
recommend hiring, firing, or other personne l 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 performance of a major part of the estab lishment in Hong Kong.  The term 'senior 
manager' does not include first-line superv isors, 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 establis hment 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. 
 (2) Natural persons seeking entry under the commitments made by Hong Kong shall - 
  (i) be employees who have been in the pr ior 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 date of application for admission; and 
  (ii) during their stay in Hong Kong, except with the prior approval of the Hong 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 commitm ents 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 tem porary stay.  Temporary stay implies that the 
appropriate prior authority will have been applied fo r and obtained before departure for Hong Kong.  
For general managers, senior manage rs and specialists, temporary stay shall be limited to one year in 
the first instance (which may be exte nded up to a total of five years). 
 
__________ 
 
 