Supplement to the Mainland
and Hong Kong Closer Economic Partnership Arrangement
To further enhance the level of economic and trade exchanges and
cooperation between the Mainland
and the Hong Kong Special Administrative Region (hereinafter referred to as
¡§Hong Kong¡¨), and pursuant to the requirements of the Mainland and Hong Kong
Closer Economic Partnership Arrangement (hereinafter referred to as ¡§CEPA¡¨)
signed on 29 June 2003 and its Annexes signed on 29 September 2003, the two
sides agreed to sign this Supplement to further liberalize trade in goods and
trade in services in the Mainland for Hong Kong.
1.
Trade in Goods
(1)
From 1 January 2005, the Mainland shall apply zero tariff to imported goods of
Hong Kong origin as set out in Annex 1 of this Supplement. Annex 1 of this
Supplement is a supplement to Table 1 of Annex 1 of ¡§CEPA¡¨- ¡§List of Hong
Kong Origin Products for Implementation of Zero Import Tariff by the Mainland¡§
.
(2) The rules of origin for imported
goods of Hong Kong origin listed in Annex 1 of this Supplement, which were drawn
up pursuant to Annex 2 of ¡§CEPA¡¨ ¡V ¡§Rules of Origin for Trade in
Goods¡¨, are set out in Annex 2 of this Supplement. Annex 2 of this Supplement
is a supplement to Table 1 of Annex 2 of ¡§CEPA¡¨- ¡§Schedule on Rules of
Origin of Hong Kong Goods Subject to Tariff Preference for Trade in Goods¡¨.
2.
Trade in Services
(1)
From 1 January 2005, the Mainland shall further relax the market access
conditions for services and service suppliers of Hong Kong in the areas of
legal, accounting, medical, audiovisual, construction, distribution, banking,
securities, transport, freight forwarding agency, on the basis of Annex 4 of
¡§CEPA¡¨ - ¡§Specific Commitments on Liberalization of Trade in Services¡¨,
and shall expand the geographical and business scope of individually owned
stores established in the Mainland by Hong Kong permanent residents with Chinese
citizenship. The specific contents are detailed in Annex 3 of this Supplement.
(2)
From 1 January 2005, the Mainland shall liberalize and relax the market access
conditions for services and service suppliers of Hong Kong in the areas of
patent agency, trademark agency, airport services, cultural entertainment,
information technology, job referral agency, job intermediary, and professional
qualification examinations. The specific contents are detailed in Annex 3 of
this Supplement.
(3)
Commitments in the area of construction and part of the commitments in the area
of distribution, as set out in Annex 3 to this Supplement, have already been
implemented from 28 August 2004. The specifics are set out in the specific
commitments of construction and related engineering services, and distribution
services in Annex 3 of this Supplement. The
commitment with respect to Mainland branches of Hong Kong banks conducting
insurance agents business, as set out in Annex 3 of this Supplement, shall be
implemented from 1 November 2004.
(4)
Annex 3 of this Supplement is a supplement and amendment to Table 1 of Annex 4
of ¡§CEPA¡¨ ¡V ¡§The Mainland¡¦s Specific Commitments on Liberalization of
Trade in Services for Hong Kong¡¨. In the event of conflict between the
provisions of the two instruments, the provisions of Annex 3 of this Supplement
shall prevail.
(5)
¡§Service suppliers¡¨ as referred to in Annex 3 of this Supplement
should meet the relevant requirements of Annex 5 of ¡§CEPA¡¨ ¡V ¡§Definition
of ¡§Service Supplier¡¨ and Related Requirements¡¨.
3.
Supplements and Amendments to Annexes to ¡§CEPA¡¨
(1)
Article 5(3)2. of Annex 1 of ¡§CEPA¡¨ ¡V ¡§Arrangements for
Implementation of Zero Tariff on Trade in Goods¡¨ is amended as follows: For goods proposed to be produced, the
Mainland shall, in accordance with the consensus reached between the two sides,
add the list of goods concerned to Table 1 of Annex 1 of ¡§CEPA¡¨ and the
rules of origin of the goods concerned to Table 1 of Annex 2 of ¡§CEPA¡¨.
After the applicant has put the proposed goods into production, the Hong
Kong Trade and Industry Department shall conduct verification jointly with the
Hong Kong Customs and Excise Department and inform the Ministry of Commerce.
The Mainland shall, after confirmation by both sides, release the
relevant imports on zero tariff basis in line with ¡§CEPA¡¨ upon presentation
of the certificates of origin issued by the Hong Kong issuing authorities.
(2) The following is
added to Article 3.1.2(2) of Annex 5 of ¡§CEPA¡¨ ¡V ¡§Definition of
¡§Service Supplier¡¨ and Related Requirements¡¨: A Hong Kong service supplier
providing air transport ground services should have obtained the relevant
licence in the provision of the relevant air transport ground services in Hong
Kong, and have engaged in substantive business operations for 5 years or more.
4.
Annexes
The Annexes to this Supplement form an integral part of this Supplement.
5.
Coming into Effect
This Supplement shall come into effect on the day of
signature by the representatives of the two sides.
Signed in duplicate in Hong Kong, this 27th day of October, 2004 in the
Chinese language.
Vice Minister of Commerce
People's Republic of China
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Financial
Secretary
Hong Kong
Special Administrative Region of the People¡¦s Republic of China
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(signature)
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(signature)
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