Supplement
III 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
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
Supplement to the Mainland and Hong Kong Closer Economic Partnership Arrangement
(hereinafter referred to as ¡§Supplement to the CEPA¡¨) signed on 27 October
2004;
the
Supplement II to the Mainland and Hong Kong Closer Economic Partnership
Arrangement (hereinafter referred to as ¡§Supplement II to the CEPA¡¨) signed
on 18 October 2005;
the
two sides agreed to sign this Supplement III on further liberalization of trade
in services in the Mainland for Hong Kong and strengthening cooperation in area
of trade and investment facilitation of both sides.
1.
Trade in Services
(1) From 1 January 2007, the Mainland shall further relax the market
access conditions in the areas of legal, construction, information technology,
convention and exhibition, audiovisual, distribution, tourism, transport and
individually owned stores on the basis of the commitments on liberalization of
trade in services under ¡§CEPA¡¨, ¡§Supplement to the CEPA¡¨ and
¡§Supplement II to the CEPA¡¨. The specific contents are detailed in the Annex
of this Supplement III.
(2) The Annex of this Supplement III 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¡¨, Annex 3 of ¡§Supplement
to the CEPA¡¨- ¡§Supplements and Amendments to the Mainland¡¦s Specific
Commitments on Liberalization of Trade in Services for Hong Kong¡¨ and Annex 2
of ¡§Supplement II to the CEPA¡¨- ¡§Supplements and Amendments II to the
Mainland¡¦s Specific Commitments on Liberalization of Trade in Services for
Hong Kong¡¨. In the event of conflict with the provisions of the other three
instruments, the provisions of the Annex of this Supplement III shall prevail.
(3) ¡§Service suppliers¡¨ as referred to in the Annex of this
Supplement III shall meet the relevant requirements of Annex 5 of ¡§CEPA¡¨ ¡V
¡§Definition of ¡¥Service Supplier¡¦ and Related
Requirements¡¨.
2.
Trade and Investment Facilitation
To promote cooperation in the area of protection of intellectual property
between the two places, the two sides agree to add protection of intellectual
property into the area of trade and investment facilitation under ¡§CEPA¡¨.
Accordingly:
(1) Paragraph 1 of Article 17 of ¡§CEPA¡¨
is amended as follows :
¡§1. The two sides will promote cooperation
in the following areas:
1.
trade and investment promotion;
2. customs
clearance facilitation;
3.
commodity inspection and quarantine, food safety and quality and
standardization;
4. electronic
business;
5. transparency
in laws and regulations;
6. cooperation
of small and medium enterprises;
7. cooperation
in Chinese traditional medicine and medical products sector;
8.
protection of intellectual property.¡¨
(2) Article 2 of Annex 6 of ¡§CEPA¡¨ is amended as follows :
¡§2. The two sides agree to cooperate in trade and investment
facilitation in eight areas, namely, trade and investment promotion; customs
clearance facilitation; commodity inspection and quarantine, food safety,
quality and standardization; electronic business; transparency in laws and
regulations; cooperation of small and medium enterprises; cooperation in Chinese
traditional medicine and medical products sector; and protection of intellectual
property. Cooperation in these
areas will follow the guidance and coordination of the Joint Steering Committee
set up in accordance with Article 19 of the ¡¥CEPA¡¦.¡¨
(3) An article is added to Annex 6 of ¡§CEPA¡¨ as Article 10 and the
subsequent articles are renumbered accordingly.
Article 10 reads as follows:
¡§10. Protection of Intellectual Property
The
two sides recognize that strengthening intellectual property protection plays an
important role in advancing economic development and promoting economic and
trade exchanges and cooperation between the two places.
The two sides agree to strengthen cooperation in the area of intellectual
property protection.
10.1. Cooperation Mechanism
The two sides will enhance cooperation in the area of intellectual
property protection through the cooperation mechanism between relevant
government departments of the two places.
10.2. Content of Cooperation
The two sides agree to strengthen cooperation in the following areas:
10.2.1.
Exchange and communicate information relating to intellectual property
protection of the two places through the Intellectual Property Protection
Coordination Centre to be set up in Hong Kong.
10.2.2.
Exchange information relating to the formulation and implementation of laws and
regulations in respect of intellectual property protection.
10.2.3.
Share materials and information relating to intellectual property protection
through visits, seminars, relevant publications and other means.
10.2.4.
Discuss issues arising from intellectual property protection.¡¨
3.
Annex
The Annex to this Supplement III forms
an integral part of this Supplement III.
4.
Coming into Effect
This Supplement III 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 June, 2006 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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