RESTRICTEDWORLD TRADE
ORGANIZATIONTN/S/O/HKG
23 April 2003
(03-2168)
Council for Trade in Services
Special SessionOriginal:  English
COMMUNICATION FROM HONG KONG, CHINA
Initial Offer
The following initial offer has been received from the delegation of Hong Kong, China on 16 April
with the request that it be circulated to Members of the Council for Trade in Services.
_______________
1. Hong Kong, China submits herewith its initial offer under the negotiations on trade in
services, pursuant to paragraph 15 of the Doha Ministerial Declaration dated 14 November2001 (WT/MIN(01)/DEC/1).  The modification to the consolidated Schedule of Specific
Commitments is inscribed following the editorial conventions as stipulated in the Secretariat
document JOB(02)88.
2. This offer is conditional upon the outcome of the negotiations, including those on the
development of further disciplines under the General Agreement on Trade in Services
(GATS) underway, and the willingness and readin ess of the negotiating partners to provide
offers to the satisfaction of, or comparable to that of, Hong Kong, China.
3. Hong Kong, China reserves the rights to withdraw, modify, or reduce this offer, in whole or
in part, at any time prior to the conclusion of the negotiations.  Hong Kong, China further
reserves the right to make technical amendments to this offer and make corrections to rectify
any errors, omissions, or inaccuracies in this offer.TN/S/O/HKG
Page 2
HONG KONG, CHINA – INITIAL OFFERS
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
I. HORIZONTAL COMMITMENTS
ALL SECTORS INCLUDED
IN THIS SCHEDULE withentries “Unbound except as
indicated in Horizontal
Commitments”4) Unbound except for intra-corporate transfer of
general managers, senior managers and specialists insectors with entries "Unbound except as indicated in
Horizontal Commitments", subject to the following
conditions:4) Unbound except as indicated in market
access
(a) Definition of general managers, senior managers
and specialists
i) General manager - the chief executive
officer or equivalent who leads and directsan establishment in Hong Kong, China of a
service supplier of a Member and who is
personally responsible for the overallperformance of the establishment in HongKong, China;TN/S/O/HKG
Page 3Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
ii) Senior manager - a person who directs the
establishment in Hong Kong, China of a
service supplier of a Member or a
department of that establishment.  Such aperson would normally supervise andcontrol the work of other supervisory,professional or man agerial employees in
Hong Kong, China; have the authority to
hire and fire or recommend hiring, firing,
or other personnel actions (such aspromotion or leave authorization) in HongKong, China; exercise discretionaryauthority over day-to-day operations inHong Kong, China; and be personally
responsible to the general manager for the
performance of a major part of theestablishment in Hong Kong, China.  Theterm 'senior manager' does not includefirst-line supervisors, unless the employees
supervised are professional; nor does it
include employees who primarily performtasks necessary for the production of theservice;
iii) Specialist - a person within an
establishment of a service supplier of aMember who possesses knowledge at anadvance level of expertise; possessesproprietary knowledge of the organization'sservice, research equipment, techniques, or
management; and who is essential to the
operation of the establishment of thatservice supplier in Hong Kong, China.TN/S/O/HKG
Page 4
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
(b) Natural persons seeking entry under the
commitments on intra-corporate transfer madeby Hong Kong, China shall –
i) be employees who have been in the prior
employ of the concerned service supplierwhich sponsors their entry into Hong Kong,
China for a period of not less than one year
immediately preceding the date ofapplication for admission; and
ii) during their stay in Hong Kong, China
except with the prior approval of theGovernment of the HKSAR, not change
employment or employers.
(c) The commitments on intra-corporate transfer
shall only apply to natural persons of service
suppliers which have a bona fide business
establishment operating in Hong Kong, China.The number of natural persons who may seekentry under these commitments shall bereasonable having regard to the size and the
nature of the business operation of the relevant
establishment in Hong Kong, China.
(d) The commitments are limited to entry and
temporary stay.  Temporary stay implies that the
appropriate prior authority will have beenapplied for and obtained before departure forHong Kong, China.  For general managers,senior managers and specialists, temporary stayshall be limited to one year in the first instance
(which may be extended up to a total of five
years).TN/S/O/HKG
Page 5Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
II. SECTOR SPECIFIC COMMITMENTS
1. BUSINESS SERVICES
A. Professional Services
Accounting, auditing and
bookkeeping services:these are limited to auditing
and advisory services on
matters such as financialmanagement consultancy,company formation andrestructuring, raising ofcapital, debt-rescheduling,
receivership and liquidation
(Part of CPC 862)1) Unbound
2) None3) None other than that the provision of statutory auditing
services is limited to corporate practices and  natural
persons licensed as certified public accountants, eitheras sole proprietors or in partnership
4) Unbound except  for intra-corporate transfer of
general managers, senior managers and specialists as
set out in the Attachment  as indicated in Horizontal
Commitments1) Unbound
2) Unbound3) None
4) Unbound  except as indicated in Horizontal
Commitments
Taxation services
(excluding legal services):
these are limited to
advisory and consultingservices to enterprises orindividuals on compilationof tax returns, tax planning,review, assessment and
back-duty work (Part of
CPC 863)1) Unbound
 None
2) None
3) None
4) Unbound except  for intra-corporate transfer of
general managers, senior managers and specialists as
set out in the Attachment  as indicated in Horizontal
Commitments1) Unbound  None
2) Unbound  None
3) None
4) Unbound  except as indicated in Horizontal
CommitmentsTN/S/O/HKG
Page 6
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Medical and dental
services (CPC 9312)1) Unbound
2) None3) Unbound4) Unbound1) Unbound
2) None3) Unbound4) Unbound
Veterinary services :
limited to laboratory
services for animals andbirds (Part of CPC 932)1) None
2) None
3) Unbound4) Unbound1) None
2) None
3) Unbound4) Unbound
Services provided bymidwives, nurses,
physiotherapists and para-
medical personnel(CPC 93191)1) Unbound
2) None
3) Unbound
4) Unbound1) Unbound
2) None
3) Unbound
4) Unbound
B. Computer and Related
Services (CPC 841-844
and CPC 8491)1) None
2) None
3) None
4) Unbound except for intra-corporate transfer of
general managers, senior managers and specialists as
set out in the Attachment  as indicated in Horizontal
Commitments1) Unbound
2) Unbound
3) None
4) Unbound except as indicated in Horizontal
Commitments
Consultancy services
related to the installation of
computer hardware:  these
are limited to consultancy
on type and configuration
of hardware with or without
associated software and do
not include sale or
manufacture of hardware1)      None
2)      None
3)      None
4)      Unbound except  for intra-corporate transfer of general
managers, senior managers and specialists as set out
in the Attachment1)      Unbound
2)      Unbound
3)      None
4)      UnboundTN/S/O/HKG
Page 7Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
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 Attachment1)      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 services1)      None1
2)      None
3)      None
4)      Unbound except for intra-corporate transfer of gener al
managers, senior managers and specialists as set out
in the Attachment1)      Unbound
2)      Unbound
3)      None
4)      Unbound
                                                     
1Commitment excludes cross-border supply of international value-added or basic telecommunications services.TN/S/O/HKG
Page 8
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
D. Real Estate Services (CPC
821-822)
On a fee or contract basis:
these are limited to the
provision, on a fee or
contract basis, of
management services for
residential or commercial
buildings which in turn
consist of cleaning,
maintenance and guarding
of such buildings1) Unbound  None
2) None3) None4) Unbound1) Unbound
 None
2) Unbound  None
3) None4) Unbound
E. Rental/Leasing Services
without Operators
Relating to ships (CPC
83103)1) Unbound  None
2) None
3) None
4) Unbound1) Unbound  None
2) Unbound  None
3) None other than that the income derived
from international operation of shipsregistered in the Hong Kong ShippingRegister is exempted from Hong Kong’s
profits tax.
4) Unbound
Relating to other transportequipment (excludingservices relating to air
transport)  (CPC 83101-
83102)1) Unbound
2) None3) None
4) Unbound1) Unbound
2) Unbound3) None
4) UnboundTN/S/O/HKG
Page 9Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Relating to other machinery
and equipment (excludingtransport equipment) (CPC
83106-83109)1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) Unbound
F. Other Business Services
Advertising services (CPC
871):  these are limited to
creation and placing of
advertisements in
periodicals, newspapers,
radio and television; media
representation (i.e. sale of
time and space for
periodicals, newspapers,
radio and television);
distribution and delivery of
advertising material1) None
2) None3) None4) Unbound except  for intra-corporate transfer of
general managers, senior managers and specialists as
set out in the Attachment  as indicated in Horizontal
Commitments1) Unbound  None
2) Unbound  None
3) None4) Unbound except as indicated in Horizontal
Commitments
Market research and public
opinion polling services(CPC 864) :  these are
limited to investigation,
analysis and advice on
collective opinions of the
public about political,
social and economic issues
as well as the collation and
presentation of data derived
from such investigation and
analysis1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) UnboundTN/S/O/HKG
Page 10
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Management consulting
services  (CPC 865) :  these
are limited to the provision
of advice and guidance to
businesses regarding
planning, organization,
efficiency and control, and
management information1) Unbound  None
2) None3) None4) Unbound except  for intra-corporate transfer of
general managers, senior managers and specialists as
set out in the Attachment  as indicated in Horizontal
Commitments1) Unbound  None
2) Unbound  None
3) None4) Unbound  except as indicated in Horizontal
Commitments
Services related to
management consulting(CPC 866)1) None
2) None3) None
4) Unbound except as indicated in Horizontal
Commitments1) None
2) None3) None
4) Unbound except as indicated in Horizontal
Commitments
Technical testing andanalysis services (CPC8676)1) None
2) None3) None
4) Unbound1) None
2) None3) None
4) Unbound
Services incidental to
agriculture and forestry:these are limited to the
provision of advice and
guidance relating to crop,livestock and forestrymanagement.  These do notinclude ownership of farmsand farming (Part of CPC
881)1) Unbound
 None
2) None3) None
4) Unbound1) Unbound
 None
2) Unbound  None
3) None
4) UnboundTN/S/O/HKG
Page 11Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Services incidental to
fishing: these are limited tothe provision of advice andguidance relating to marineor freshwater fisheries and
fish hatchery services.
These do not includeownership of fish pondsand fishing (Part of CPC
882)1) Unbound
 None
2) None3) None4) Unbound1) Unbound
 None
2) Unbound  None
3) None4) Unbound
Services incidental to
manufacturing: these are
limited to consultingservices only (Part of CPC884+CPC 885)1) None
2) None
3) None4) Unbound1) None
2) None
3) None4) Unbound
Placement and supply
services of personnel
(CPC 872)1) None
2) None
3) None4) Unbound except as indicated in Horizontal
Commitments1) None
2) None
3) None4) Unbound except as indicated in Horizontal
CommitmentsTN/S/O/HKG
Page 12
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Investigation services
(CPC 87301)1) None
2) None3) None4) Unbound1) None
2) None3) None4) Unbound
Security services
(CPC 87302 – 87305)1) None
2) None
3) None other than that service supplier may only
provide the service in the form of a company1.
4) Unbound1) None
2) None
3) None
4) Unbound
Maintenance and repair of
equipment (not including
maritime vessels, aircraft orother transport equipment)
(CPC 8861 – 8866)1) Unbound
2) None
3) None4) Unbound1) Unbound
2) Unbound
3) None4) Unbound
Building cleaning services
(CPC 874) :  these are
limited to cleaning of the
interiors of buildings of all
types, including offices,
factories, shops and other
business premises and
residential buildings1) Unbound
2) None
3) None4) Unbound1) Unbound
2) Unbound
 None
3) None4) Unbound
                                                     
1 "Company" means broadly a company incorporated in Hong Kong, China under the Companies Ordinance, or a company incorporated ou tside Hong Kong,
China which establishes a place of business and registered as  such in Hong Kong, China under the Companies Ordinance.TN/S/O/HKG
Page 13Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Photographic services
(CPC875) :  these are
limited to commercial and
consumer photograph
production and processing
including portrait
photography, but exclude
motion picture film and
television services and
processing1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) Unbound
Packaging services (CPC
876)1) Unbound
2) None
3) None4) Unbound1) Unbound
2) None
3) None4) Unbound
Printing, publishing
services (CPC 88442)1) None
2) None
3) None
4) Unbound1) None
2) None
3) None
4) UnboundTN/S/O/HKG
Page 14
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Public relations services:
these are limited to services
related to image building
and opinion moulding to
improve the relations of the
clients with the public, the
media or others, including
through paid
advertisements,
entertainment, welfare and
charity affairs
{N.B.: subsumed under
Management consulting service(CPC 865)}1)
 Unbound
2) None
3) None
4) Unbound1)     Unbound
2)      Unbound
3)     None
4)     Unbound
Translation and
interpretation  services
(CPC 87905) : these are
limited to the interpretation
of written and spoken
languages1) Unbound
2) None3) None
4) Unbound1) Unbound
2) Unbound3) None
4) Unbound
Exhibition management
services:  these are limitedto activities relating toplanning, organizing,
managing and marketing
services for exhibitions ,
conventions and similarevents (Part of CPC
87909)1) Unbound
 None
2) None3) None4) Unbound1) Unbound
 None
2) Unbound  None
3) None4) UnboundTN/S/O/HKG
Page 15Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
2. COMMUNICATION
SERVICES
B. Courier Services:
these are limited to theprovision of services on a
fee or contract basis for the
delivery of documents andparcels, but excludingservices reserved to thePost Office under the PostOffice Ordinance (Part of
CPC 7512)1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) Unbound
C. Telecommunication
ServicesAdditional commitmentson regulatory principles(Details at Annex)
Local services
(a) V oice services(b) Packet-switched data
transmission services
(c) Circuit-switched data
transmission services
(d) Telex services
(e) Telegraph services
(f) Facsimile services
(g) Private leased circuit
services
(o) Others1) None
2) None3) 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 1998.1) None2) None3) NoneTN/S/O/HKG
Page 16
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Mobile services
- mobile radio telephone
services includingCellular and Personal
Communications Services
- mobile data services- radio paging services4) Unbound except  as indicated in Horizontal
Commitments for
 intra-corporate transfer of general
managers, senior managers and specialists as set out
in the Attachment to GATS/SC/39.4) Unbound  except as indicated in Horizontal
Commitments
International services
(a) Voice services (resale
based only)
(b) Packet-switched data
transmission services
(resale based only)
(c) Circuit-switched data
transmission services(resale based only)
(f) Facsimile services (resale
based only)
(o) Others1) 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;
- For mobile satellite service, gateway station for
mobile satellite traffic is not allowed.
2) None1) None
2) None
                                                     
2“External telephone services” only include person to pers on voice communications with places outside Hong Kong.TN/S/O/HKG
Page 17Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
-  Call back service s or
alternative calling
procedures (resale based
only)
- Self provision of external
satellite circuits for a
company if the messagesoriginated from orreceived at the HongKong end are intended forthe company, its holding,
subsidiary or affiliated
companies; or for anorganization if themessages originated fromor received at the HongKong end are intended for
the common business or
activities of theorganization
- Virtual private network
service (resale based
only)
- Mobile satellite service3) None other than:
- Public external telephone service
3 is not allowed;
- For self-provision of external satellite circuits,
connection to the PSTN at the Hong Kong end maybe restricted;
- For virtual private network service, connection to
the PSTN at the Hong Kong end may be restricted;
- For mobile satellite service, gateway station for
mobile satellite traffic is not allowed.
4) Unbound except  as indicated in Horizontal
Commitments for
 intra-corporate transfer of general
managers, senior managers and specialists as set out
in the Attachment to GATS/SC/39.3) None
4) Unbound except as indicated in Horizontal
Commitments
                                                     
3“External telephone services” only include person to pers on voice communications with places outside Hong Kong.TN/S/O/HKG
Page 18
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
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  None
2) None3) None other than that commercial presence must take
the form of a company2
4) Unbound except  as indicated in Horizontal
Commitments for intra-corporate transfer of general
managers, senior managers and specialists as set out
in the Attachment to GATS/SC/39.1) Unbound  None
2) Unbound  None
3) None
4) Unbound  except as indicated in
Horizontal Commitments
                                                     
2"Company" means broadly, a company incorporated in Hong Kong unde r the Companies Ordinance, or a company incorporated outside H ong Kong which establishes a
place of business and registered as such in Hong Kong under the Companies Ordinance.TN/S/O/HKG
Page 19Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
(h) Electronic mail
(i) Voice mail
(j) On-line information and
data base access andretrieval
(k) Electronic data
interchange (EDI)
(l) Enhanced/value-added
facsimile services,including store andforward, store and
retrieve
(m) Videotex and teletex,
code, protocol and/orformat conversion
(n) On-line information
and/or data processing
(including transaction
processing)
D. Audiovisual Services
Motion picture and videotape production anddistribution services  (CPC
9611) :  these are limited to
the production, sale or
rental of films and video
tapes (excluding any
broadcasting services)1) None
2) None3) None4) Unbound1) Unbound
 None
2) Unbound  None
3) None4) UnboundTN/S/O/HKG
Page 20
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Motion picture projection
services
- Motion picture
projection services in
cinemas (Part of CPC
96121)1) None
2) None3) None4) Unbound1) None
2) None3) None4) Unbound
Sound recording services:these are limited to servicesrelating to the provision ofsound-track1) None
2) None3) None4) Unbound1) Unbound
 None
2) Unbound  None
3) None4) Unbound
Dubbing services:  these
are limited to the
translation of the sound-
track of motion pictures
and video tapes from one
language to another
{N.B.: subsumed under motionpicture and video tapeproduction services (CPC 9611)}1)      None
2)      Non e
3)      None
4)      Unbound1)      Unbound
2)      Unbound
3)      None
4)      UnboundTN/S/O/HKG
Page 21Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
3. CONSTRUCTION AND
RELATEDENGINEERINGSERVICES
D. Building Completion and
Finishing Work
Interior design services:these are limited tospecialized consultingservices related to the post-construction design and
fitting out of interior living
and working spaces (Part
of CPC 517)1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound
 None
3) None4) Unbound
E. Other
Project managementservices:  these are limitedto the supervision andcoordination ofconstruction projects but do
not cover engineering or
architectural services1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound
 None
3) None4) UnboundTN/S/O/HKG
Page 22
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
4. DISTRIBUTION
SERVICES
B. Wholesale trade services
(CPC 622 excluding62214, 62219, 62221-62224, and
pharmaceutical and
medical goods, surgicaland orthopaedicinstruments and devices asfound in 62251 and 62252;but including services in
relation to meat, poultry,
game, other live foodanimals, animal feed, fruit,vegetables, dairy productsand eggs.)1) None
2) None3) None
4) Unbound1) None
2) None3) None
4) Unbound
Other wholesale trade
services specificallyrelating to fisheryproducts, including fresh,prepared or preserved fish
and other seafood (CPC
62224)1) Unbound
2) None3) Unbound4) Unbound1) Unbound
2) None3) Unbound4) UnboundTN/S/O/HKG
Page 23Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
C. Retailing services
Retailing services:  these
are limited to the resale
(sale without
transformation) of certain
new and used consumer
goods to the general public
which are normally used
for final personal or
household consumption or
utilization, by department
stores, shops, consumer co-
operative and auction
houses  excluding all
pharmaceutical, medical,
surgical and orthopaedicproducts (Part of CPC631-632)1) Unbound
 None
2) None3) None4) Unbound1) Unbound
 None
2) Unbound  None
3) None4) UnboundTN/S/O/HKG
Page 24
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
6. ENVIRONMENTAL
SERVICES
A. Sewage services  (CPC
9401)1) None
2) None3) None4) Unbound1) None
2) None3) None4) Unbound
B. Refuse disposal services:
refuse and disposalservices (only applying tocollection services ofgarbage, trash, rubbish
and waste from
households) (Part of CPC9402)1) None
2) None
3) None
4) Unbound1) None
2) None3) None4) Unbound
C. Sanitation and similar
services (CPC 9403)1) None2) None
3) None
4) Unbound1) None
2) None
3) None
4) Unbound
D. Others
- Cleaning services of
exhaust gas (CPC 9404)
- Noise abatement services
(CPC 9405)
- Nature and landscape
protection services (CPC9406)
- Other environmental
protection services (CPC9409)1) None
2) None
3) None
4) Unbound1) None
2) None
3) None
4) UnboundTN/S/O/HKG
Page 25Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
7. FINANCIAL SERVICES
Mode 1/Mode 2
The commitments made with respect to mode 1 (cross-border supply) and mode 2 (consumption abroad) supply of financial services inscribed in this section of the Schedule
do not signify a commitment to allow a service supplier from the territory of another Member to solicit business or to conduct marketing in the Hong Kong Special
Administrative Region (HKSAR) of China.
A. All Insurance and
Insurance-Related Services
Life, accident and health
insurance services
Non-life insurance services1) Unbound
2) None other than that statutory insurances which
include third party liability in respect of vehicles andvessels and employer's liability insurance in respect ofemployees must be purchased from an insurerauthorized in HKSAR.1) Unbound
2) Unbound
3) None other than that only a company or an association
of underwriters is permitted to carry on insurancebusiness.In the case of the former, commercial presence musttake the form of a subsidiary, branch or representativeoffice, although insurance business may not be carried
out through a representative office.3) None other than that the chief executive
appointed by the authorized insurer shouldnormally reside in HKSAR.
4) Unbound except as  indicated in Horizontal
Commitments  set out in the Attachment on "Presence
of Natural Persons" to this Schedule4.4) Unbound  except as indicated in Horizontal
Commitments
                                                     
4 Commitments on presence of natural persons are confined to busi nesses regulated under HKSAR banking, securities, insurance and  related legislation.TN/S/O/HKG
Page 26
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Reinsurance and
retrocession1) None, provided that the insurance company is a
company incorporated outside HKSAR and has noagent nor place of business in HKSAR.1) Unbound
2) None 2) Unbound
3) None other than that only a company or an association
of underwriters is permitted to carry on insurance
business.  In the case of the former, commercial
presence must take the form of a subsidiary, branch orrepresentative office, although insurance business maynot be carried out through a representative office.3) None other than that the chief executive
appointed by the authorized insurer should
normally reside in HKSAR.
4) Unbound except as  indicated in Horizontal
Commitments  set out in the Attachment on "Presence
of Natural Persons" to this Schedule5.4) Unbound  except as indicated in Horizontal
Commitments
Services auxiliary to
insurance (includingbroking and agencyservices)1) None other than claims settlement services, except for
settlement of claims under contracts of goods in transitinsurance entered into wholly outside HKSAR inrespect of goods consigned to HKSAR.1) Unbound
2) None
3) None4) Unbound except as  indicated in Horizontal
Commitments  set out in the Attachment on "Presence
of Natural Persons" to this Schedule5.2) Unbound
3) None4) Unbound  except as indicated in Horizontal
Commitments
                                                     
5 Commitments on presence of natural persons are confined to busi nesses regulated under HKSAR banking, securities, insurance and  related legislation.TN/S/O/HKG
Page 27Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
B. Banking and Other Financial
Services (excluding
insurance)
Acceptance of deposits and
other repayable funds from
the public1) Unbound
2) None
3) None other than that commercial presence must take
the following forms:
(a) Banks incorporated overseas may apply for a
licence to operate a full licensed bank or a
restricted licence bank in the form of a branch
subject to the following condition: in the case of
an overseas bank seeking to establish a locally
incorporated full license d bank, the bank must
have maintained a locally incorporatedrestricted licence bank or deposit takingcompany (or any combination thereof) inHKSAR  for at least 3 continuous years; and1) Unbound
2) Unbound
3) None other than that all authorized
institutions (local or overseas) must appointa chief executive and not less than onealternative chief executive, who mustnormally 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);TN/S/O/HKG
Page 28
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
and (ii) no more than two additional offices (other
than an automated teller machine or similar device)
to which customers and others have access for the
purpose of any other types of business in a separate
building or buildings. Such additional offices may
consist of not more than one regional office and
one back office.
This condition does not apply to banks incorporated
outside HKSAR licensed before May 1978 in
respect of full licensed banks and before April
1990 in respect of restricted licence banks.
(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.  in the case of an overseas bank seeking
to establish a representative office in HKSAR ,
such offices are prohibited from taking deposits
and undertaking banking business in general.TN/S/O/HKG
Page 29Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
(c) Banks incorporated overseas may also set up
representative offices in HKSAR, but such offices
are prohibited from taking deposits and
undertaking banking business in general.
4) Unbound except as  indicated in Horizontal
Commitments set out in the Attachment on "Presence
of Natural Persons" to this Schedule64) Unbound  except as indicated in Horizontal
Commitments
Lending of all types,
including consumer credit,mortgage credit, factoring
and financing of commercial
transaction1) Unbound
2) None3) None
4) Unbound except as indicated in Horizontal
Commitments  set out in the Attachment on "Presence
of Natural Persons" to this Schedule7.1) Unbound
2) Unbound3) None
4) Unbound  except as indicated in Horizontal
Commitments
Financial leasing 1) None
2) None
3) None
4) Unbound except as  indicated in Horizontal
Commitments  set out in the Attachment on "Presence
of Natural Persons" to this Schedule7.1) Unbound
2) Unbound
3) None
4) Unbound  except as indicated in Horizontal
Commitments
All payment and money
transmission services1) Unbound
2) None3) None4) Unbound except as  indicated in Horizontal
Commitments  set out in the Attachment on "Presence
of Natural Persons" to this Schedule71) Unbound
2) Unbound3) None4) Unbound  except as indicated in Horizontal
Commitments
                                                     
6Commitments on presence of natural persons are confined to busi nesses regulated under HKSAR banking, securities, insurance and related legislation.
7 Commitments on presence of natural persons are confined to busi nesses regulated under HKSAR banking, securities, insurance and  related legislation.TN/S/O/HKG
Page 30
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Guarantees and commitments 1) None
2) None3) None4) Unbound except as  indicated in Horizontal
Commitments  set out in the Attachment on "Presence
of Natural Persons" to this Schedule71) Unbound
2) Unbound3) None4) Unbound  except as indicated in Horizontal
Commitments
Trading for own account or
for account of customers,whether on an exchange, in anover-the-counter market orotherwise the following:
- Money market instruments
(cheques, bills, certificate ofdeposits, etc.)
- foreign exchange- derivative products
including futures and
options
- exchange rate and interest
rate instruments, includingproducts such as swaps,forward rate agreements,
etc.
- transferable securities1) Unbound
2) None3) None other than the following :
Only corporations incorpor ated 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 StockExchange of Hong Kong Limited
8.
Only corporations inco rporated in HKSAR may
become members of the Hong Kong FuturesExchange.
4) Unbound except as  indicated in Horizontal
Commitments  set out in the Attachment on "Presence
of Natural Persons" to this Schedule9.1) Unbound
2) Unbound3) None other than that for dealing in securities
or commodities futures, there is a residencerequirement in HKSAR in respect of a sole
proprietor, or, in the case of a partnership or
company, in respect of at least one partneror director, who is registered as a dealer.
4) Unbound except as indicated in Horizontal
Commitments
                                                     
8The residence requirement for memberships can be waived for persons of good reputation with substantial experience of dealing i n securities.
9Commitments on presence of natural persons are confined to busi nesses regulated under HKSAR banking, securities, insurance and related legislation.TN/S/O/HKG
Page 31Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Participation in issues of all
kinds of securities, includingunderwriting and placement asagent (whether publicly orprivately) and provision of
services related to such issues1) Unbound
2) None3) None
4) Unbound except as  indicated in Horizontal
Commitments  set out in the Attachment on "Presence
of Natural Persons" to this Schedule10.1) Unbound
2) Unbound3) None other than that if registration as a
dealer is required, as it is in the case ofpublic issues, the limitations as for dealers
(above) shall apply.
4) Unbound  except as indicated in Horizontal
Commitments
Asset management, such as
cash or portfolio management,
all forms of collective
investment management,pension fund management,custodial depository and trustservices1) Unbound
2) None
3) None
4) Unbound except as  indicated in Horizontal
Commitments  set out in the Attachment on "Presence
of Natural Persons" to this Schedule10.1) Unbound
2) Unbound
3) None
4) Unbound  except as indicated in Horizontal
Commitments
                                                     
10Commitments on presence of natural persons are confined to busi nesses regulated under HKSAR banking, securities, insurance and related legislation.TN/S/O/HKG
Page 32
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Advisory and other auxiliary
financial services on all theactivities listed insubparagraph 5(a)(v) to (xv)of the Annex on Financial
Services, including credit
reference and analysis,investment and portfolioresearch and advice, advice onacquisitions and on corporaterestructuring and strategy1) None other than commodity trading and investment
advisory service
2) None3) None4) Unbound except as  indicated in Horizontal
Commitments  set out in the Attachment on "Presence
of Natural Persons" to this Schedule11.1) Unbound
2) Unbound
3) None4) Unbound  except as indicated in Horizontal
Commitments
Provision and transfer of
financial information, andfinancial data processing andrelated software by providersof other financial services1) None
2) None3) None4) Unbound except as  indicated in Horizontal
Commitments  set out in the Attachment on "Presence
of Natural Persons" to this Schedule111) Unbound
2) Unbound3) None4) Unbound  except as indicated in Horizontal
Commitments
                                                     
11 Commitments on presence of natural persons are confined to busi nesses regulated under HKSAR banking, securities, insurance and  related legislation.TN/S/O/HKG
Page 33Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
8. HEALTH RELATED
AND SOCIALSERVICES
Hospital services (CPC93110)
Other human health
services not elsewhereclassified (CPC 93199)1) Unbound
2) None3) Unbound
4) Unbound1) Unbound
2) None3) Unbound
4) Unbound
9. TOURISM AND TRAVEL
RELATED SERVICES
A. Hotels and Restaurants
(including catering)
Hotel services (CPC 6411) :
these are limited to the
provision on a fee-basis of
short-term lodging and sale
of prepared foods and drinks
within the hotel premises1) Unbound  None
2) None3) None
4) Unbound1) Unbound
 None
2) Unbound  None
3) None
4) Unbound
Other lodging services(CPC 64191, 64192, 64194
and 64195)1) Unbound
2) None
3) None4) Unbound1) Unbound
2) Unbound
3) None4) UnboundTN/S/O/HKG
Page 34
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Restaurant and catering
services (CPC 642-643) :
these are limited to the sale
of prepared foods and drinks
through catering or in
restaurants both for
consumption on and off the
premises1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) Unbound
B. Travel Agencies and Tour
Operator Services
Travel agencies and touroperator services: these arelimited to the business ofobtaining for clients carriageand/or accommodationoutside Hong Kong , China
and the provision of related
services such as thefurnishing of travelinformation, advice andplanning  (Part of CPC
7471)1) Unbound
 None
2) None3) None other than that only a company may operate
tours and open branch offices
12
4) Unbound1) Unbound  None
2) Unbound  None
3) None
4) Unbound
                                                     
12"Company" means broadly a company incorporated in Hong Kong , China  under the Companies Ordinance, or a company incorporated outside Hong Kong , China  which
establishes a place of business and registered as such in Hong Kong , China  under the Companies Ordinance.TN/S/O/HKG
Page 35Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
10. RECREATIONAL,
CULTURAL ANDSPORTING SERVICES
B. Entertainment Services
(CPC 9619 except 96192,96194, 96199)1) None
2) None
3) None
4) Unbound1) None
2) None
3) None
4) Unbound
C. Libraries, Archives,
Museums and Other
Cultural Services
Library and archives
services  (CPC 963) :  these
are limited to the
maintenance, sequencing
and storage of publications,
documents, etc. for record
and future reference and
related consulting services1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound
3) None
4) UnboundTN/S/O/HKG
Page 36
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
11. TRANSPORT SERVICES
A. Maritime Transport
Services
International transport
(excluding passengertransport and cabotage
13
transport) (CPC 7212)1) None
2) None3) None
14
4) Unbound except  as indicated in Horizontal
Commitments  for intra-corporate transfer of general
managers, senior managers and specialists as set out
in the Attachment1) Unbound  None
2) Unbound  None
3) None other than that the income derived
from international operation of shipsregistered in the Hong Kong Shipping
Register is exempted from Hong Kong's
profits tax
4) Unbound  except as indicated in Horizontal
CommitmentsWhere the following
services are not otherwisecovered by the obligationenshrined in ArticleXXVIII(c)(ii), they will be
made available to
international transportservice suppliers onreasonable and non-discriminatory terms andconditions:  pilotage;
anchorage, berth and
berthing services; towingand tug assistance;provisioning, fuelling andwatering; garbagecollecting and ballast waste
disposal; port captain`s
services; navigation aids;shore-based operationalservices essential to shipoperation, including
communications, water and
electrical supplies; andemergency repair facilities.
                                                     
13“Cabotage” is assumed to cover transportation of passengers or goods between a port located in Hong Kong, China and another por t located in Hong Kong, China, as
well as traffic originating and terminating in the same port locate d in Hong Kong, China, provided that this traffic remains wi thin the waters of Hong Kong, China.
14 “Commercial presence for the supply of international maritime transport services” means the ability for international maritime  transport service supplier of other Members to
undertake locally all activities which are necessary for the supply to their customers of a partially or fully integrated trans port service, within which the maritime transport
constitutes a substantial element.These activities include, but are not limited to:TN/S/O/HKG
Page 37Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Maritime Auxiliary
Services
Rental of vessel with crew:
these are limited to services
of hiring a vessel with crew
under charter party termsfor a voyage or period oftime1) Unbound
 None
2) None3) None
4) Unbound except  as indicated in Horizontal
Commitments  for intra-corporate transfer of general
managers, senior managers and specialists as set out
in the Attachment1) Unbound  None
2) Unbound  None
3) None other than that the income derived
from international operation of ships
registered in the Hong Kong ShippingRegister is exempted from Hong Kong'sprofits tax
4) Unbound  except as indicated in Horizontal
Commitments
                                                                                                                                                                                                                                                                
(a) marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invo icing, these services being those operated
or offered by the service supplier itself or by service supplier with which the service seller has established standing busines s arrangements;
(b) the acquisition, on their own account or on behalf of their customers (and the resale to their customers) of any transport a nd related services, including inward
transport services by any mode, particularly inland waterways, road and rail, necessary for the supply of the integrated servic e;
(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 interchan ge (subject to the provisions of the
Annex on Telecommunications);
(e) the setting up of any business arrangements (including partic ipation in the stock of a company) and the appointment of perso nnel recruited locally with any locally
established shipping agency; and
(f) acting on behalf of the companies, organizing the call of the ship or taking over cargoes when required.TN/S/O/HKG
Page 38
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Maritime cargo handling
services: these are limitedto activities exercised bystevedore companies,including terminal
operators, but not including
the direct activities ofdockers, when thisworkforce is organizedindependently of thestevedoring or terminal
operator companies. The
activities covered includethe organization andsupervision of theloading/discharging ofcargo to/from a ship;  the
lashing/unlashing of cargo,
and the reception/deliveryand safekeeping of cargoesbefore shipment or afterdischarge.1) Unbound except for no limitation on trans-shipment
(board to board or via the quay) and/or on the use
of on-board cargo handling equipment
2) None
3) None
4) Unbound1) Unbound except for no limitation on
trans-shipment (board to board or via the
quay) and/or on use of on-board cargohandling equipment
2) Unbound
 None
3) None
4) Unbound
Storage and warehousingservices:  these are limitedto the movement or placingof goods from warehouseto vessels or vice versa1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound
 None
3) None4) UnboundTN/S/O/HKG
Page 39Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments
Customs clearance
services:  these are limitedto activities consisting ofcarrying out on behalf ofanother party customs
formalities concerning
import, export or throughtransport of cargoes,whether this service is themain activity of the serviceprovider or a usual
complement of its main
activity1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound
 None
3) None4) Unbound
Container station and depotservices: these are limitedto activities consisting ofstoring containers, whether
in port areas or inland, with
a view to theirstuffing/stripping, repairingand making them availablefor shipment1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound
 None
3) None4) UnboundTN/S/O/HKG
Page 40
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 Treatment Additional Commitments
Maritime agency services:
these are limited toactivities consisting ofrepresenting, within a givengeographic area, as an
agent the business interest
of one or more shippinglines or shippingcompanies for marketingand sales of maritimetransport and related
services and for acting on
behalf of the companiesorganizing the call of theship or taking over cargoeswhen required1) Unbound
 None
2) None3) None4) Unbound1) Unbound
 None
2) Unbound  None
3) None4) Unbound
Maintenance and repair of
vessels:  these are limited
to businesses related tomaintenance and repair ofocean going vessels atanchor or alongside and
maintenance and repair of
local vessels1) Unbound
 None
2) None
3) None4) Unbound1) Unbound
 None
2) Unbound  None
3) None4) UnboundTN/S/O/HKG
Page 41
Annex
Additional Commitments on Regulatory Principles
Scope
The following are definitions and principles on the regulatory framework for basic
telecommunications services.
Definitions
Users mean service consumers and service suppliers.
Essential facilities mean facilities of a public telecommunications transport network or service that
(a) are exclusively or predominantly provided by a single or limited number of suppliers; and
(b) cannot feasibly be economically or technically substituted in order to provide a service.
A major supplier is a supplier which has the ability to 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-subsidization;(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 forthem to provide services.
2. Interconnection
2.1 This section applies to linking with suppliers providing public telecommunications transport
networks or services in order to allow the users of one supplier to communicate with users of another
supplier and to access services provided by another supplier, where specific commitments are
undertaken.TN/S/O/HKG
Page 42
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 economicfeasibility, 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 additionalfacilities.
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
to an independent domestic body, which may be a regulator as referred to in paragraph 5 below, to
resolve disputes regarding appropriate terms, conditions and rates for interconnection within areasonable 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 .TN/S/O/HKG
Page 43
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 non-discriminatory
manner.  The current state of allocated frequency bands will be made publicly available, but detailedidentification of frequencies allocated for specific government uses is not required.TN/S/O/HKG
Page 44
ATTACHMENT ON "PRESENCE OF NATURAL PERSONS"
(1)        To the extent specific commitments  are inscribed in respect of "presence of natural
persons" in the schedule, such commitments sha ll include intra-corporat e transfer of general
managers, senior managers and spec ialists.  General managers, senior managers and specialists
shall be defined as -
             (i)         General manager - the chief executive officer or equivalent who leads and directs
an establishment in Hong Kong of a se rvice supplier of a Member and who is
personally responsible for th e overall performance of the establishment in Hong
Kong.
             (ii)        Senior manager - a person who directs the est ablishment in Hong Kong of a
service supplier of a Member or a depar tment of that esta blishment.  Such a
person would normally supervise and cont rol 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 personnel actions (such as
promotion or leave authoriz ation) in Hong Kong, exercise discretionary authority
over day-to-day operations in Hong Kon g, and be personally responsible to the
general manager for the performance of  a major part of th e establishment in
Hong Kong.  The term 'senior manager' doe s not include first-line supervisors,
unless the employees supervised are pr ofessional, nor does it include employees
who primarily perform tasks necessary  for the production of the service.
             (iii)       Specialist - a person within an establishment of  a service supplier of a Member
who possesses knowledge at an advance le vel of expertise, possesses proprietary
knowledge of the organization's service,  research equipment, techniques, or
management and who is essential to the operation of the es tablishment of that
service supplier in Hong Kong.
(2)        Natural persons seeking entry under the commitments made by Hong Kong shall -
             (i)         be employees w ho have been in the prior employ of the concerned service
supplier which sponsors their entry into Hong Kong for a period of not less than
one year immediately preceding the dat e of application for admission; and
             (ii)        during their stay  in Hong Kong, except with the prior approval of the Hong Kong
Government, not change em ployment or employers.
(3)        The commitments  on intra-corporate tr ansfer shall only apply to natural persons of
service suppliers which have a bona fide busine ss establishment operating in Hong Kong.  The
number of natural persons who may seek entry under these co mmitments shall be reasonable
having regard to the size and the nature of the business operation of the re levant establishment in
Hong Kong.
(4)        The commitments ar e limited to entry and temporary st ay.  Temporary stay implies that
the appropriate prior authority will have been applied for 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 extended up to a total of five years).
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