ORGANISATION MONDIALE
DU COMMERCES/DCS/W/HKG
24 janvier 2003
(03-0463)
Commerce des services Original:  anglais
HONG KONG, CHINE
Projet de version codifiée de la Liste d'engagements spécifiques1
On trouvera ci-joint un projet de version codi fiée de la Liste d'engagements spécifiques de
Hong Kong, Chine en format Word.  Ce document ne remplace pas les engagements juridiquement
contraignants souscrits par Hong Kong, Chine dans sa Liste d'engagements spécifiques
(GATS/SC/39;  GATS/SC/39/Suppl.2; GATS/SC/39/Suppl.3).
Le projet de version codifiée de la Liste a été établi par le Secrétariat, à la demande des
Membres, pour faciliter le processus de négociation, y compris la présentation des offres initiales.
_______________
                                                     
1 Le présent document a été établi, en anglais seulement, par le Secrétariat sous sa propre responsabilité
et sans préjudice des positions des Membres ni de leurs obligations dans le cadre de l'OMC.S/DCS/W/HKG
Page 2HONG 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 Limit ations on National Treatment 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 financialmanagement consultancy,company formation andrestructuring, raising ofcapital, debt-rescheduling,
receivership and liquidation1) Unbound
2) None3) None other than that the provision of statutory
auditing services is limited to 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 andspecialists as set out in the Attachment1) Unbound
2) Unbound3) None
4) Unbound
Taxation services
(excluding legalservices):these are limitedto advisory and consulting
services to enterprises or
individuals on compilationof tax returns, tax planning,review, assessment andback-duty work1) Unbound
2) None3) None4) Unbound except for intra-corporate transfer of
general managers, senior managers and
specialists as set out in the Attachment1) Unbound
2) Unbound3) None4) UnboundS/DCS/W/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 Limit ations on National Treatment Additional Commitments
B. Computer and Related
Services
Consultancy services
related to the installation of
computer hardware:  these
are limited to consultancyon type and configurationof hardware with or withoutassociated 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 andspecialists as set out in the Attachment1) Unbound
2) Unbound
3) None
4) Unbound
Software implementationservices:  these are limitedto activities in connection
with analysis, design and
programming of systemsready to use, maintenanceof existing systems, as wellas training of personnel inrespect of the use of such
systems.  Duplicating
purchased softwaredeveloped by otherenterprises is not included.1) None
2) None3) None
4) Unbound except for intra-corporate transfer of
general managers, senior managers andspecialists as set out in the Attachment1) Unbound
2) Unbound3) None
4) Unbound
Data processing and database services:  these are
limited to processing ortabulation of data, data basedevelopment, data storage,optical character
recognition, microfiching
and microfilming services1) None
1
2) None
3) None4) Unbound except for intra-corporate transfer of
general managers, senior managers andspecialists as set out in the Attachment1) Unbound
2) Unbound
3) None4) Unbound
                                                     
1Commitment excludes cross-border supply of international value-added or basic telecommunications services.S/DCS/W/HKG
Page 4Modes 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 Limit ations on National Treatment Additional Commitments
D. Real Estate Services
On a fee or contract basis:
these are limited to the
provision, on a fee or
contract basis, ofmanagement services forresidential or commercialbuildings which in turn
consist of cleaning,
maintenance and guardingof such buildings1) Unbound
2) None
3) None
4) Unbound1) Unbound
2) Unbound
3) None
4) Unbound
E. Rental/Leasing Services
without Operators
Relating to ships 1) Unbound
2) None3) None
4) Unbound1) Unbound
2) Unbound
3) None other than that the income derived from
international operation of ships registered in theHong Kong Shipping Register is exemptedfrom Hong Kong’s profits tax.
4) Unbound
Relating to other transport
equipment (excludingservices relating to airtransport)1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) Unbound
Relating to other machineryand equipment (excludingtransport equipment)1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) UnboundS/DCS/W/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 Limit ations on National Treatment Additional Commitments
F. Other Business Services
Advertising services:  these
are limited to creation andplacing of advertisements
in periodicals, newspapers,
radio and television; mediarepresentation (i.e. sale oftime and space forperiodicals, newspapers,
radio and television);
distribution and delivery ofadvertising material1) None
2) None3) None
4) Unbound except for intra-corporate transfer of
general managers, senior managers andspecialists as set in the Attachment1) Unbound
2) Unbound3) None
4) Unbound
Market research and public
opinion polling services:
these are limited to
investigation, analysis andadvice on collectiveopinions of the public aboutpolitical, social andeconomic issues as well as
the collation and
presentation of data derivedfrom such investigation andanalysis1) Unbound
2) None
3) None
4) Unbound1) Unbound
2) Unbound
3) None
4) Unbound
Management consulting
services:  these are limited
to the provision of adviceand guidance to businessesregarding planning,organization, efficiency and
control, and management
information1) Unbound
2) None
3) None4) Unbound except for intra-corporate transfer of
general managers, senior managers andspecialists as set out in the Attachment1) Unbound
2) Unbound
3) None4) UnboundS/DCS/W/HKG
Page 6Modes 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 Limit ations on National Treatment Additional Commitments
Services incidental to
agriculture and forestry:these are limited to theprovision of advice and
guidance relating to crop,
livestock and forestrymanagement.  These do notinclude ownership of farmsand farming.1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) Unbound
Services incidental tofishing:  these are limited tothe provision of advice andguidance relating to marineor freshwater fisheries andfish hatchery services.
These do not include
ownership of fish pondsand fishing.1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) Unbound
Maintenance and repair ofequipment (not including
maritime vessels, aircraft or
other transport equipment)1) Unbound
2) None
3) None
4) Unbound1) Unbound
2) Unbound
3) None
4) Unbound
Building cleaning services:these are limited tocleaning of the interiors of
buildings of all types,
including offices, factories,shops and other businesspremises and residentialbuildings1) Unbound
2) None3) None
4) Unbound1) Unbound
2) Unbound3) None
4) UnboundS/DCS/W/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 Limit ations on National Treatment Additional Commitments
Photographic services:
these are limited tocommercial and consumerphotograph production and
processing including
portrait photography, butexclude motion picture filmand television services andprocessing1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) Unbound
Public relations services:these are limited to servicesrelated to image buildingand opinion moulding toimprove the relations of theclients with the public, the
media or others, including
through paidadvertisements,entertainment, welfare andcharity affairs1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) Unbound
Translation services: theseare limited to theinterpretation of written andspoken languages1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) Unbound
Exhibition management
services:  these are limited
to activities relating toplanning, organizing,managing and marketingservices for conventions
and similar events1) Unbound
2) None
3) None4) Unbound1) Unbound
2) Unbound
3) None4) UnboundS/DCS/W/HKG
Page 8Modes 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 Limit ations on National Treatment Additional Commitments
2. COMMUNICATION
SERVICES
B. Courier Services:
these are limited to the
provision of services on a
fee or contract basis for thedelivery of documents andparcels, but excludingservices reserved to the
Post Office under the Post
Office Ordinance1) Unbound
2) None
3) None
4) Unbound1) 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 services1) 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.
4) Unbound except for intra-corporate transfer of
general managers, senior managers andspecialists as set out in the Attachment toGATS/SC/39.1) None
2) None3) None
4) UnboundAdditional commitments
on regulatory principles(Details at Annex)S/DCS/W/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 Limit ations on National Treatment 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-switchedtelephone network (PSTN) at the Hong Kong end may be restricted;
- For virtual private network service, 
connection to the PSTN at the Hong Kongend 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 fromor received at the HongKong end are intended forthe 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 Kongend 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 communications with places outside Hong Kong.S/DCS/W/HKG
Page 10Modes 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 Limit ations on National Treatment Additional Commitments
for an organization if the
messages 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 service4) Unbound except for intra-corporate transfer of
general managers, senior managers andspecialists as set out in the Attachment toGATS/SC/39.4) Unbound
Value added services:
these are limited to publicservices accessed by itssubscribers via, and offered
over, circuits provided by
public telecommunicationstransport network servicesand are limited to electronicmail, on-line informationand data base access and
retrieval (including data
processing or transactionprocessing), store andforward facsimile services,videotex and teletex, code,protocol and/or format
conversion, voice mail and
electronic data interchange(only between privatecompanies)1) Unbound
2) None3) 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 andspecialists as set out in the Attachment1) Unbound
2) Unbound3) None
4) Unbound
                                                     
3 "Company" means broadly, a company incorporated in Hong Kong under 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
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 Limit ations on National Treatment Additional Commitments
D. Audiovisual Services
Motion picture and video
tape production and
distribution services:  these
are limited to theproduction, sale or rental offilms and video tapes(excluding any
broadcasting services)1) None
2) None
3) None
4) Unbound1) Unbound
2) Unbound
3) None
4) Unbound
Sound recording services:
these are limited to
services relating to the
provision of sound-track1) None
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) Unbound
Dubbing services:  theseare limited to thetranslation of the sound-track of motion pictures
and video tapes from one
language to another1) None
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) Unbound
3. CONSTRUCTION AND
RELATEDENGINEERING
SERVICES
D. Building Completion and
Finishing Work
Interior design services:these are limited to
specialized consultingservices related to the post-construction design andfitting out of interior livingand working spaces1) Unbound
2) None
3) None4) Unbound1) Unbound
2) Unbound
3) None4) UnboundS/DCS/W/HKG
Page 12Modes 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 Limit ations on National Treatment Additional Commitments
E. Other
Project management
services:  these are limitedto the supervision and
coordination of
construction projects but donot cover engineering orarchitectural services1) Unbound
2) None3) None
4) Unbound1) Unbound
2) Unbound3) None
4) Unbound
4. DISTRIBUTION
SERVICES
C. Retailing services
Retailing services:  these
are limited to the resale
(sale withouttransformation) of certainnew and used consumergoods to the general publicwhich are normally used
for final personal or
household consumption orutilization, by departmentstores, shops, consumer co-operative and auctionhouses1) Unbound
2) None
3) None4) Unbound1) Unbound
2) Unbound
3) None4) UnboundS/DCS/W/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 Limit ations 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 ofvehicles and vessels and employer's liabilityinsurance in respect of employees must bepurchased from an insurer authorized inHKSAR.1) Unbound
2) Unbound
3) None other than that only a company or an
association of underwriters is permitted tocarry on insurance business.In the case of the former, commercialpresence 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 thisSchedule
4.3) None other than that the chief executive
appointed by the authorized insurer shouldnormally reside in HKSAR.
4) Unbound
                                                     
4 Commitments on presence of natural persons are confined to busi nesses regulated under HKSAR banking, securities, insurance and  related legislation.S/DCS/W/HKG
Page 14Modes 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 Limit ations on National Treatment Additional Commitments
Reinsurance and
retrocession1) None, provided that the insurance company is
a company incorporated outside HKSAR andhas no agent nor place of business in HKSAR.
2) None1) 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 theformer, commercial presence must take theform of a subsidiary, branch or representativeoffice, 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 thisSchedule
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 agencyservices)1) None other than claims settlement services,
except for settlement of claims under contracts
of goods in transit insurance entered intowholly outside HKSAR in respect of goodsconsigned to HKSAR.
2) None3) None
4) Unbound except as set out in the Attachment
on "Presence of Natural Persons" to thisSchedule
5.1) Unbound
2) Unbound
3) None
4) Unbound
B. Banking and Other
Financial Services
(excluding insurance)
Acceptance of deposits and
other repayable funds fromthe public1) Unbound
2) None1) Unbound
2) Unbound
                                                     
5 Commitments on presence of natural persons are confined to busi nesses regulated under HKSAR banking, securities, insurance and related legislation.S/DCS/W/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 Limit ations on National Treatment 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 chiefexecutive and not less than one alternative chiefexecutive, 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 thecase 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 morethan 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.S/DCS/W/HKG
Page 16Modes 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 Limit ations on National Treatment 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
Schedule64) Unbound
Lending of all types,including consumer credit,mortgage credit, factoring
and financing of
commercial transaction1) Unbound
2) None3) None
4) Unbound except as set out in the
Attachment on "Presence of Natural
Persons" to this Schedule6.1) Unbound
2) Unbound3) None
4) Unbound
                                                     
6 Commitments on presence of natural persons are confined to busi nesses regulated under HKSAR banking, securities, insurance and  related legislation.S/DCS/W/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 Limit ations on National Treatment Additional Commitments
Financial leasing 1) None
2) None3) None4) Unbound except as set out in the Attachment
on "Presence of Natural Persons" to this
Schedule
6.1) Unbound
2) Unbound3) None4) Unbound
All payment and moneytransmission services1) Unbound
2) None3) None1) Unbound
2) Unbound
3) None
4) Unbound except as set out in the Attachment
on "Presence of Natural Persons" to thisSchedule
74) Unbound
Guarantees and
commitments1) None
2) None
3) None4) Unbound except as set out in the Attachment
on "Presence of Natural Persons" to thisSchedule
71) Unbound
2) Unbound
3) None4) Unbound
                                                     
7 Commitments on presence of natural persons are confined to busi nesses regulated under HKSAR banking, securities, insurance and related legislation.S/DCS/W/HKG
Page 18Modes 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 Limit ations on National Treatment Additional Commitments
Trading for own account or
for account of customers,whether on an exchange, inan over-the-counter market
or otherwise the following:
- Money market instruments
(cheques, bills, certificateof deposits, etc.)
- foreign exchange
- derivative products
including futures andoptions
- 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 inco rporated 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 Exchangeof Hong Kong Limited.
8
Only corporations in corporated in HKSAR
may become members of the Hong KongFutures Exchange.
4) Unbound except as set out in the Attachment
on "Presence of Natural Persons" to thisSchedule
7.1) Unbound
2) Unbound3) 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 orcompany, in respect of at least one partner ordirector, who is registered as a dealer.
4) Unbound
Participation in issues of all
kinds of securities,including underwriting andplacement as agent(whether publicly orprivately) and provision of
services related to such
issues1) Unbound
2) None3) None
4) Unbound except as set out in the Attachment
on "Presence of Natural Persons" to this
Schedule
9.1) Unbound
2) Unbound3) None other than that if registration as a dealer is
required, as it is in the case of public issues, thelimitations as for dealers (above) shall apply.
4) Unbound
                                                     
8 The residence requirement for memberships can be waived for persons of good reputation with substantial experience of dealing in securities.
9 Commitments on presence of natural persons are confined to busi nesses regulated under HKSAR banking, securities, insurance and  related legislation.S/DCS/W/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 Limit ations on National Treatment Additional Commitments
Asset management, such as
cash or portfoliomanagement, all forms ofcollective investment
management, pension fund
management, custodialdepository and trustservices1) Unbound
2) None3) None4) Unbound except as set out in the Attachment
on "Presence of Natural Persons" to this
Schedule
9.1) Unbound
2) Unbound3) None4) Unbound
Advisory and other
auxiliary financial
services on all theactivities listed in
subparagraph 5(a)(v) to
(xv) of the Annex on
Financial Services,
including credit
reference and analysis,
investment and portfolioresearch and advice,
advice on acquisitions
and on corporate
restructuring and strategy1) None other than commodity trading and
investment advisory service
2) None3) None4) Unbound except as set out in the Attachment
on "Presence of Natural Persons" to thisSchedule
9.1) Unbound
2) Unbound
3) None4) Unbound
Provision and transfer offinancial information, andfinancial data processingand related software byproviders of other financial
services1) None
2) None3) None4) Unbound except as set out in the Attachment
on "Presence of Natural Persons" to this
Schedule
101) Unbound
2) Unbound3) None4) Unbound
                                                     
10 Commitments on presence of natural persons are confined to busi nesses regulated under HKSAR banking, securities, insurance and related legislation.S/DCS/W/HKG
Page 20Modes 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 Limit ations on National Treatment Additional Commitments
9. TOURISM AND TRAVEL
RELATED SERVICES
A. Hotels and Restaurants
(including catering)
Hotel services:  these arelimited to the provision ona fee-basis of short-termlodging and sale of
prepared foods and drinks
within the hotel premises1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) Unbound
Restaurant and cateringservices:  these are limitedto the sale of prepared
foods and drinks through
catering or in restaurantsboth for consumption onand off the premises1) Unbound
2) None3) None
4) Unbound1) Unbound
2) Unbound3) None
4) UnboundS/DCS/W/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 Limit ations on National Treatment Additional Commitments
B. Travel Agencies and Tour
Operator Services
Travel agencies and tour
operator services:  these are
limited to the business of
obtaining for clientscarriage and/oraccommodation outsideHong Kong and the
provision of related
services such as thefurnishing of travelinformation, advice andplanning1) Unbound
2) None
3) None other than that only a company may
operate tours and open branch offices
11
4) Unbound1) Unbound
2) Unbound
3) None
4) Unbound
10. RECREATIONAL,
CULTURAL ANDSPORTING SERVICES
C. Libraries, Archives,
Museums and Other
Cultural Services
Library and archivesservices:  these are limitedto the maintenance,sequencing and storage of
publications, documents,
etc. for record and futurereference and relatedconsulting services1) Unbound
2) None
3) None
4) Unbound1) Unbound
2) Unbound
3) None
4) Unbound
                                                     
11 "Company" means broadly, a company incorporated in Hong Kong under 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
Page 22Modes 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 Limit ations on National Treatment Additional Commitments
11. TRANSPORT SERVICES
A. Maritime Transport
ServicesWhere the following
services are not otherwisecovered by the obligationenshrined in Article
XXVIII(c)(ii), they will be
made available tointernational transportservice suppliers onreasonable and non-
discriminatory terms and
conditions:  pilotage;anchorage, berth andberthing services; towingand tug assistance;provisioning, fuelling and
watering; garbage
collecting and ballastwaste disposal; portcaptain`s services;navigation aids; shore-based operational services
essential to ship operation,
including communications,water and electricalsupplies; and emergencyrepair facilities.S/DCS/W/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 Limit ations on National Treatment 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 andspecialists as set out in the Attachment1) 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 AuxiliaryServices
Rental of vessel with crew:
these are limited to servicesof hiring a vessel with crew
under charter party terms
for a voyage or period oftime1) Unbound
2) None3) None
4) Unbound except for intra-corporate transfer of
general managers, senior managers andspecialists as set out in the Attachment1) Unbound
2) Unbound3) None other than that the income derived from
international operation of ships registered in theHong Kong Shipping Register is exemptedfrom Hong Kong's profits tax
4) Unbound
                                                     
12 “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 supp ly to their 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 transport and related services through direct contact with customers, from quotation to inv oicing, these services being those operated or
offered by the service supplier itself or by service supplier with which the service seller has established standing business a rrangements;
b) the acquisition, on their own acc ount or on behalf of their customers (and the resale to their customers) of any transport and related services, including inwar d 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 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 intercha nge (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 pers onnel recruited locally with any locally
established shipping agency;  and
(f) acting on behalf of the companies, organizing the call of the ship or taking over cargoes when required.S/DCS/W/HKG
Page 24Modes 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 Limit ations on National Treatment Additional Commitments
Maritime cargo handling
services:  these are limitedto activities exercised bystevedore companies,
including terminal
operators, but not includingthe direct activities ofdockers, when thisworkforce is organized
independently of the
stevedoring or terminaloperator companies. The1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) Unbound
activities covered includethe organization andsupervision of theloading/discharging of
cargo to/from a ship;  the
lashing/unlashing of cargo,and the reception/deliveryand safekeeping of cargoesbefore shipment or afterdischarge.
Storage and warehousingservices:  these are limitedto the movement or placingof goods from warehouse tovessels or vice versa1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) UnboundS/DCS/W/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 Limit ations on National Treatment Additional Commitments
Customs clearance
services:  these are limitedto activities consisting ofcarrying out on behalf of
another party customs
formalities concerningimport, export or throughtransport of cargoes,whether this service is the
main activity of the service
provider or a usualcomplement of its mainactivity1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) Unbound
Container station and depotservices: these are limited
to activities consisting of
storing containers, whetherin port areas or inland, witha view to theirstuffing/stripping, repairingand making them available
for shipment1) Unbound
2) None
3) None
4) Unbound1) Unbound
2) Unbound
3) None
4) Unbound
Maritime agency services:these are limited toactivities consisting ofrepresenting, within a given
geographic area, as an
agent the business interestof one or more shippinglines or shipping companiesfor marketing and sales of
maritime transport and
related services and foracting on behalf of thecompanies organizing thecall of the ship or takingover cargoes when required1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) UnboundS/DCS/W/HKG
Page 26Modes 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 Limit ations on National Treatment Additional Commitments
Maintenance and repair of
vessels:  these are limited tobusinesses related tomaintenance and repair of
ocean going vessels at
anchor or alongside andmaintenance and repair oflocal vessels1) Unbound
2) None3) None4) Unbound1) Unbound
2) Unbound3) None4) UnboundS/DCS/W/HKG
Page 27
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 for them to provide services.
2. Interconnection
2.1 This section applies to linking with suppliers providing public telecommunications transport
networks or services in order to allow the users of one supplier to communicate with users of anotherS/DCS/W/HKG
Page 28
supplier and to access services provided by another supplier, where specific commitments are
undertaken.
2.2 Interconnection to be ensured
Interconnection with a major supplier will be ensured at any technically feasible point in the network.
Such interconnection is provided:
(a) under non-discriminatory terms, conditions (including technical standards and 
specifications) and rates and of a quality no less favourable than that provided for its 
own like services or for like services of non-affiliated service suppliers or for its 
subsidiaries or other affiliates;
(b) in a timely fashion, on terms, conditions (including technical standards and 
specifications) and cost-oriented rates that are transparent, reasonable, having regard 
to economic feasibility, and sufficiently unbundled so that the supplier need not pay 
for network components or facilities that it does not require for the service to be 
provided; and
(c) upon request, at points in addition to the network termination points offered to the 
majority of users, subject to charges that reflect the cost of construction of necessary 
additional facilities.
2.3 Public availability of the procedures for interconnection negotiations
The procedures applicable for interconnection to a major supplier will be made publicly 
available.
2.4 Transparency of interconnection arrangements
It is ensured that a major supplier will make publicly available either its interconnection
agreements or a reference interconnection offer.
2.5 Interconnection:  dispute settlement
A service supplier requesting interconnection with a major supplier will have recourse, either:(a) at any time; or(b) after a reasonable period of time which has been made publicly known
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 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-discriminatory 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
Page 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 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 detailed
identification of frequencies allocated for specific government uses is not required.S/DCS/W/HKG
Page 30
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 shall include intra-corporate transfer of general managers, senior
managers and specialists.  General managers, senior managers and specialists shall be defined as -
(i) General manager - the chief executive officer or equivalent who leads and directs an
establishment in Hong Kong of a service supplier of a Member and who is personally
responsible for the overall 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 ormanagerial employees in Hong Kong, have the authority to hire and fire or
recommend hiring, firing, or other personnel  actions (such as promotion or leave
authorization) in Hong Kong, exercise discretionary authority over day-to-day
operations in Hong Kong, and be personally responsible to the general manager for
the performance of a major part of the establishment in Hong Kong.  The term 'seniormanager' does not include first-line supervisors, unless the employees supervised are
professional, nor does it include employees who primarily perform tasks necessary
for the production of the service.
(iii) Specialist - a person within an establishment of a service supplier of a Member who
possesses knowledge at an advance level of expertise, possesses proprietary
knowledge of the organization's service, research equipment, techniques, or
management and who is essential to the operation of the establishment of that service
supplier in Hong Kong.
(2) Natural persons seeking entry under the commitments made by Hong Kong shall -
(i) be employees who have been in the prior employ of the concerned service supplier
which sponsors their entry into Hong Kong for a period of not less than one year
immediately preceding the 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 temporary stay.  Temporary stay implies that the
appropriate prior authority will have been applied for and obtained before departure for Hong Kong.
For general managers, senior managers and specialists, temporary stay shall be limited to one year inthe first instance (which may be extended up to a total of five years).
__________