RESTRICTEDWORLD TRADE
ORGANIZATIONS/WPDR/W/3
28 April 2000
(00-1707)
Working Party on Domestic Regulation Original:  English
COMMUNICATION FROM HONG KONG, CHINA
Disciplines on Domestic Regulation for Professional Services
Result of Consultation with Professional Sectors
The following communication has been received from the delegation of Hong Kong, China
with the request that it be circulated to Members of the Working Party on Domestic Regulation.
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I. SUMMARY
A. THE CONSULTATION EXERCISE
1. Pursuant to the adoption of the work programme on Article VI:4 by the Working Party on
Domestic Regulation (WPDR) on 14 July 1999, Hong Kong, China (HKC) has consulted its local
professional bodies/authorities on the development of a set of horizontal disciplines for professional
services and, in particular, the applicability of the Disciplines on Domestic Regulations in the
Accountancy Sector (the Accountancy Discip lines) to their professions.  A total of
28 bodies/authorities, representing the following professions, have been consulted in the exercise:
(i) legal services;
(ii) taxation services;
(iii) architectural services;
(iv) engineering services and integrated engineering services;
(v) urban planning services;
(vi) landscape architectural services;
(vii) surveying services (not contained in Secretariat Note W/120);
(viii) medical and dental services;
(ix) veterinary services; and
(x) services provided by midwives, nurses, physiotherapists, and para-medical personnel.
A list of the professional bodies consulted is contained in the Annex.  The findings take account of the
25 responses received so far.
B. FINDINGS
2. The consultation reveals that there is strong support among the professional bodies in HKC
for the development of multilateral disciplines to ensure that domestic regulations would notconstitute unnecessary barriers to trade.  In general, most of the professional bodies consulted agree
that the Accountancy Disciplines are generally applicable to their professions.  Nonetheless, they alsoS/WPDR/W/3
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suggest that certain provisions in the Accountancy Disciplines need to be clarified and/or
strengthened, and that some of the provisions may not be directly applicable to certain professions.
II. DETAILS
3. Details of their responses to the three questions raised in the consultation exercise are set out
below.
A. ELEMENTS OF THE ACCOUNTANCY DISCIPLINES TO BE STRENGTHENED
1. General
• A WTO Member whose jurisdiction is segregated into more than one administrative regions
such as states and provinces should ensure that:
(a) all the administrative regions observe the provisions in the disciplines;  and
(b) the licensing requirements maintained by provinces should not be substantially
different lest other WTO Members would have to face multiple sets of requirementswithin a jurisdiction.
2. Consultation Requirements
• The disciplines should set out in more concrete terms the consultation requirements.  For
example, the term "significantly" (para. 6 of the Accountancy Disciplines) should be moreclearly defined to avoid possible misunderstanding when future legislative amendments are
made.  Some consider that the consultation requirements should not be too cumbersome as todelay or inhibit the adoption of reasonable proposals for improving the current system.
3. Technical Standards
• The term "technical standards" needs to be better defined to clarify the sort of "standards"
referred to in the disciplines.  Some consider that "technical standards" per se are not
applicable to their professions.
4. Qualification Requirements
• Competent authorities should take into account  qualifications obtained through continuing
professional development on the basis of equivalency.
• Local authorities should be allowed to impose certain professional requirements higher than
that of the legitimate objectives so as to maintain professional proficiency.
B. E
LEMENTS MISSING FROM THE ACCOUNTANCY DISCIPLINES
• Professional ethics and conduct are important attributes and should be included in the
disciplines, where appropriate.S/WPDR/W/3
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C. ELEMENTS OF THE ACCOUNTANCY DISCIPLINES NOT APPROPRIATE FOR APPLICATION IN
SPECIFIC PROFESSION (S)
4. Some professional bodies consider the following provisions/elements in the Accountancy
Disciplines not directly applicable to their respective professions:
• Licensing requirements (para 4(b) and Sections IV & V of the Accountancy Disciplines) - not
applicable to "Urban Planning Services" as a licence for practice is not required in Hong
Kong.
• Technical standards  (para 4(c) and Section VIII of the Accountancy Disciplines) - not
applicable to the legal, medical, and dental professions as there is no similar concept in theprofessions concerned.
• Residency requirements  (para 9 of the Accountancy Disciplines) & Professional indemnity
insurance  (para 12 of the Accountancy Disciplines) - not relevant to the dental and
supplementary medical services as HKC has not imposed the two said requirements on the
professions concerned.
• Use of firm names (para 11 of the Accountancy Disciplines) – not applicable to the medical
and some supplementary medical service sectors.
• Membership of professional organizations  (para 10 of the Accountancy Disciplines) – it is of
little relevance to certain supplementary medical services sectors which have no such
requirements for practice.
5. It should be noted that the elements set out in (C) above are identified as not applicable to the
professions in question simply because they do not exist in Hong Kong.  We are nonetheless mindful
that such elements may be applicable to the professions concerned in other Members' regimes.  Welook forward to discussing with other WTO Members to see whether these elements need to be
included in the proposed disciplines for professional services.
D. O
THER COMMENTS
6. In general, our local professional bodies have no difficulty in complying with the provisions
in the Accountancy Disciplines insofar as they ar e relevant to their respective profession.  Indeed,
when devising qualification and licensing requirements, they have always borne in mind  the need to
observe the principles set out in Article VI:4 and to ensure that the measures do not constitute
unnecessary barriers to trade.
III. CONCLUSION
7. There is general support in HKC for the development of a set of horizontal disciplines for
professional services based on the Accountancy Disciplines.  We believe that there would be
advantage if, in considering the next phase of our work, we consider the responses of as wide a range
of professions as possible, in order to give broad impetus to the exercise.  We look forward to
discussing with Members further the necessary refinements to the Accountancy Disciplines so as to
take into account the views and concerns of other professions.S/WPDR/W/3
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ANNEX
GATS DISCIPLINES ON DOMESTIC REGULATION
FOR PROFESSIONAL BODIES
List of Competent Authorities and relevant Bodies Consulted
Professional Services  1Competent Authorities &
Relevant Bodies
1. Legal Services • Hong Kong Bar Association
• Law Society of Hong Kong
2. Taxation Services • The Taxation Institute of Hong Kong
• Hong Kong Society of Accountants
3. Architectural Services • Hong Kong Institute of Architects
• Architects Registration Board
4.&5. Engineering Services and Integrated
Engineering Services• Hong Kong Institute of Engineers
• Engineers Registration Board
6. (a) Urban Planning Services
(b) Landscape Architectural
     Services
(c) Surveying Services• Planners Registration Board
• Hong Kong Institute of Planners
• Hong Kong Institute of Landscape Architects
• Landscape Architects Registration Board
• Hong Kong Institute of Surveyors
• Surveyors Registration Board
7. Medical and Dental Services • Hong Kong Medical Council
• Hong Kong Dental Council
8. Veterinary Services • Hong Kong Veterinary Association
• Veterinary Surgeons Board of Hong Kong
                                                     
1These nine professional services are covered by th e GATS Services Sectoral Classification List.  The
remaining sub-sector, "Accounting, Auditing and Boo kkeeping Services" have been dealt with by the
Disciplines on Domestic Regulation in the Accountancy Sector.S/WPDR/W/3
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Professional Services  1Competent Authorities &
Relevant Bodies
9. Services provided by midwives,
nurses, physiotherapists and para-
medical personnel• Nursing Council
• Midwives Board
• Pharmacy and Poisons Board
• Supplementary Medical Professions Council
• Medical Laboratory Technologists Board
• Physiotherapists Board
• Occupational Therapists Board
• Optometrists Board
• Radiographers Board
• Chiropractor Council
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