Agreement on Trade in Services under the Mainland and Hong Kong Economic Partnership Arrangement
Agreement on Trade in Services under the Mainland and Hong Kong Economic Partnership Arrangement
[Lexis China Comments]
According to the Second Agreement Concerning Amendment to the Agreement on Trade in Services under the Mainland and Hong Kong Economic Partnership Arrangement, this document has been amended.
Agreement on Trade in Services under the Mainland and Hong Kong Economic Partnership Arrangement
November 27, 2015
Preamble
To promote achieving basic liberalization of trade in services between the Mainland [1] and the Hong Kong Special Administrative Region (hereinafter referred to as the "two sides"), to progressively reduce or eliminate substantially all discriminatory measures on trade in services between the two sides, as well as to further enhance the level of bilateral economic and trade exchanges and cooperation, the two sides decided to sign this Agreement to basically achieve liberalization of trade in services between the Mainland and the Hong Kong Special Administrative Region (hereinafter referred to as "Hong Kong").
Chapter I Relationship with CEPA [2]
Article 1 Relationship with CEPA
1. To progressively reduce until eliminating substantially all discriminatory measures on trade in services between the two sides, the two sides decided to sign this Agreement based on the liberalization measures that have been implemented under CEPA and its Supplements, and the Agreement between the Mainland and Hong Kong on Achieving Basic Liberalization of Trade in Services in Guangdong under CEPA (hereinafter referred to as "Guangdong Agreement"). This Agreement is the Agreement on Trade in Services under CEPA.
2. The relevant content of Articles 11 and 12 of Chapter IV of CEPA shall be implemented in accordance with this Agreement. In the event that the provisions of this Agreement are in conflict with the provisions of the CEPA and its Supplements, and the Guangdong Agreement, the provisions of this Agreement shall prevail.
Chapter II Scope and Definition
Article 2 Scope and Definition
1. All measures in Annex 1 and Annex 2 to this Agreement apply to trade in services between the Mainland and Hong Kong.
2. Trade in services referred to in this Agreement means:
(i) the supply of a service from the area of one side into the area of the other side;
(ii) the supply of a service in the area of one side to the service consumer of the other side;
(iii) the supply of a service by a service supplier of one side, through commercial presence in the area of the other side;
(iv) the supply of a service by a service supplier of one side, through presence of natural persons of one side in the area of the other side.
Sub-paragraphs (i), (ii) and (iv) above shall collectively be referred to as cross-border services.
3. For the purposes of this Agreement:
(i) "measure" means any measure by one side, whether in the form of a law, regulation, rule, procedure, decision, administrative action or any other form.
In fulfilling its obligations and commitments under this Agreement, each side shall take such reasonable measures as may be available to it to ensure observance of such obligations and commitments by governments and authorities as well as non-governmental bodies within its area.
(ii) "services" includes any service in any sector except services supplied in the exercise of governmental authority.
(iii) "a service supplied in the exercise of governmental authority" means any service which is supplied neither on a commercial basis nor in competition with one or more service suppliers.
(iv) "commercial presence" means any type of business or professional establishment, including through:
(a) the constitution, acquisition or operation of a juridical person, or
(b) the constitution or operation of a branch or a representative office,
within the area of one side for the purpose of supplying a service.
(v) "government procurement" means procuring the use of goods or services or procuring goods or services or both, by the government by contractual means in the form of purchase, lease, etc., and not with a view to commercial sale or resale or for use in the production or supply of the goods or services for commercial sale or resale.
4.
......
According to the Second Agreement Concerning Amendment to the Agreement on Trade in Services under the Mainland and Hong Kong Economic Partnership Arrangement, this document has been amended.
Agreement on Trade in Services under the Mainland and Hong Kong Economic Partnership Arrangement
November 27, 2015
Preamble
To promote achieving basic liberalization of trade in services between the Mainland [1] and the Hong Kong Special Administrative Region (hereinafter referred to as the "two sides"), to progressively reduce or eliminate substantially all discriminatory measures on trade in services between the two sides, as well as to further enhance the level of bilateral economic and trade exchanges and cooperation, the two sides decided to sign this Agreement to basically achieve liberalization of trade in services between the Mainland and the Hong Kong Special Administrative Region (hereinafter referred to as "Hong Kong").
Chapter I Relationship with CEPA [2]
Article 1 Relationship with CEPA
1. To progressively reduce until eliminating substantially all discriminatory measures on trade in services between the two sides, the two sides decided to sign this Agreement based on the liberalization measures that have been implemented under CEPA and its Supplements, and the Agreement between the Mainland and Hong Kong on Achieving Basic Liberalization of Trade in Services in Guangdong under CEPA (hereinafter referred to as "Guangdong Agreement"). This Agreement is the Agreement on Trade in Services under CEPA.
2. The relevant content of Articles 11 and 12 of Chapter IV of CEPA shall be implemented in accordance with this Agreement. In the event that the provisions of this Agreement are in conflict with the provisions of the CEPA and its Supplements, and the Guangdong Agreement, the provisions of this Agreement shall prevail.
Chapter II Scope and Definition
Article 2 Scope and Definition
1. All measures in Annex 1 and Annex 2 to this Agreement apply to trade in services between the Mainland and Hong Kong.
2. Trade in services referred to in this Agreement means:
(i) the supply of a service from the area of one side into the area of the other side;
(ii) the supply of a service in the area of one side to the service consumer of the other side;
(iii) the supply of a service by a service supplier of one side, through commercial presence in the area of the other side;
(iv) the supply of a service by a service supplier of one side, through presence of natural persons of one side in the area of the other side.
Sub-paragraphs (i), (ii) and (iv) above shall collectively be referred to as cross-border services.
3. For the purposes of this Agreement:
(i) "measure" means any measure by one side, whether in the form of a law, regulation, rule, procedure, decision, administrative action or any other form.
In fulfilling its obligations and commitments under this Agreement, each side shall take such reasonable measures as may be available to it to ensure observance of such obligations and commitments by governments and authorities as well as non-governmental bodies within its area.
(ii) "services" includes any service in any sector except services supplied in the exercise of governmental authority.
(iii) "a service supplied in the exercise of governmental authority" means any service which is supplied neither on a commercial basis nor in competition with one or more service suppliers.
(iv) "commercial presence" means any type of business or professional establishment, including through:
(a) the constitution, acquisition or operation of a juridical person, or
(b) the constitution or operation of a branch or a representative office,
within the area of one side for the purpose of supplying a service.
(v) "government procurement" means procuring the use of goods or services or procuring goods or services or both, by the government by contractual means in the form of purchase, lease, etc., and not with a view to commercial sale or resale or for use in the production or supply of the goods or services for commercial sale or resale.
4.
......