Hong Kong – HKSARG welcomes EU’s removal of Hong Kong from watchlist on tax co-operation

HKSARG welcomes EU’s removal of Hong Kong from watchlist on tax co-operation

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     The Hong Kong Special Administrative Region (HKSAR) Government today (February 20) welcomed the removal of Hong Kong from the European Union (EU)’s watchlist on tax co-operation in recognition of Hong Kong’s efforts in ensuring that its foreign-sourced income exemption (FSIE) regime is in full compliance with the EU’s relevant requirements.

     The Secretary for Financial Services and the Treasury, Mr Christopher Hui, said, “As an international financial centre, Hong Kong has all along been supporting international co-operation in combating cross-border tax avoidance. Our refined FSIE regime came into effect on January 1 this year. We are pleased to note that the EU has recognised our efforts in this regard and removed Hong Kong from the watchlist.  Hong Kong will continue to comply with international tax standards while maintaining Hong Kong’s tax competitiveness.” 
       
     In response to the EU’s inclusion of Hong Kong in its watchlist in 2021, the HKSAR Government introduced in January 2023 a new FSIE regime, under which multinational enterprise entities receiving foreign-sourced dividend, interest, income derived from the use of intellectual properties and disposal gain in relation to shares or equity interests in Hong Kong must satisfy the economic substance requirement to enjoy tax exemption. In December 2022, the EU promulgated an updated Guidance on FSIE Regimes, explicitly setting out disposal gains as a general class of income covered by an FSIE regime and subjecting the taxpayers concerned to the economic substance requirement. Jurisdictions with ongoing FSIE reforms, including Hong Kong, were kept in the watchlist pending completion of the necessary legislative amendments.  

     In this regard, the HKSAR Government enacted the Inland Revenue (Amendment) (Taxation on Foreign-sourced Disposal Gains) Ordinance 2023 last December to refine the FSIE regime by expanding the scope of assets in relation to foreign-sourced disposal gains to cover assets other than shares or equity interests. The refined FSIE regime has come into effect on January 1 this year.  

     Mr Hui said, “Looking ahead, the HKSAR Government will continue to take forward and implement new policy initiatives to create new impetus for sustainable market development. I am confident that Hong Kong will continue to maintain its favourable business environment and strengthen its status as an international business and trade centre.”

     Despite the impact of the global geopolitical situation and high interest rate environment, Hong Kong has remained resilient and continued to strengthen its competitiveness as an international financial centre. Hong Kong enjoys unique advantages, including a simple tax regime, a regulatory regime aligned with major overseas markets, free flow of capital and information, as well as a diversified talent pool. Hong Kong is the only place in the world where the global advantage and China advantage converge in a single city. This unique convergence allows Hong Kong to be China’s gateway to the world’s financial markets and investors.

     Hong Kong’s financial market is internationalised. Hong Kong is one of the world’s largest international banking centres, with 73 of the world’s 100 largest banks operating here. In the insurance industry, 11 of the top 20 insurers in the world have been authorised to conduct business in Hong Kong.

     Hong Kong also performs well overall in various areas of the financial industry. For example, the asset and wealth management business amounted to $30.5 trillion as of end-2022, with 64 per cent of the funding sourced from non-Hong Kong investors. The asset under management of Hong Kong-domiciled funds recorded net fund inflows of $53.6 billion in the first three quarters of 2023, indicating an increase of more than 215 per cent from that over the same period of 2022. The average daily turnover of exchange traded funds in 2023 reached $11.8 billion, representing a year-on-year increase of 20 per cent. 

     Our country also provides solid support to Hong Kong’s financial industry. On January 24 this year, the Central People’s Government and the HKSAR Government jointly announced six new measures to deepen the financial co-operation between the Mainland and Hong Kong. The measures deepen the mutual access between the financial markets of the Mainland and Hong Kong and better serve international investors’ need for liquidity management of investments in the Mainland bond market, thereby further consolidating Hong Kong’s status as an international financial centre and a global offshore Renminbi business hub.

Hong Kong – HKSARG strongly condemns illegal acts of vandalism committed against London ETO

HKSARG strongly condemns illegal acts of vandalism committed against London ETO

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     On August 29 (London time), the premises of the Hong Kong Economic and Trade Office, London (London ETO) were vandalised. Offenders, under the cover of darkness, sprayed indecent and offensive language on the entrance of the London ETO, and defiled the regional emblem of the Hong Kong Special Administrative Region (HKSAR). A spokesman for the HKSAR Government (HKSARG) expressed today (August 30) strong condemnation of these illegal acts which had been carried out with the intent to threaten others.
 
     The London ETO has notified local police accordingly and stressed that vandals must face legal consequences as soon as possible. The spokesman emphasised that such vandalism is an outright challenge to the HKSARG and reflected the nefarious intentions of destabilising foreign forces to cause chaos and disruption in Hong Kong. The HKSARG must strongly condemn these acts and will pursue legal liability of the individuals involved.
 
     The spokesman called on the British police to handle the matter seriously, and apprehend the culprits with proactive and appropriate actions in accordance with its obligation to safeguard the property of the London ETO and the personal safety of its staff, thereby ensuring that the London ETO can operate without illegal or undue interference.
 
     The Secretary for Commerce and Economic Development of the HKSARG has contacted the British Consul-General in Hong Kong to express his deep concern for the incident, and requested the British police to take action to protect the legal rights and interests of the London ETO. The Consul-General undertook to reflect the matter to the Foreign and Commonwealth Office of the United Kingdom and London Police, and follow-up as appropriate.

Hong Kong – HKSARG strongly condemns so-called notice by US

HKSARG strongly condemns so-called notice by US

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     In response to the so-called notice on “Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Hong Kong” issued by the US authorities on October 21, a Hong Kong Special Administrative Region (HKSAR) Government spokesman said today (October 22):
      
     “The HKSAR Government strongly condemns the so-called notice by the US authorities.
      
     “This notice equates to the US offering so-called ‘safe haven’ to wanted fugitives who have escaped from Hong Kong and are attempting to evade justice by hiding in foreign countries, including the US.
      
     “Governments that not only harbour but invite or encourage fugitive offenders to live in their country wantonly disregard the rule of law and expose their hypocrisy for all to see.
      
     “Countries taking such actions should take full responsibility for unnecessarily stoking tensions between the relevant countries and our Motherland.
      
     “We urge the US to stop their blatant interference in Hong Kong matters which are the internal affairs of the People’s Republic of China.”

Hong Kong – HKSARG strongly rejects and condemns interference from foreign politicians

HKSARG strongly rejects and condemns interference from foreign politicians

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     In response to unwarranted statements by individual foreign politicians, a Hong Kong Special Administrative Region (HKSAR) Government spokesman said today (October 22):

     “We strongly reject and condemn the biased and groundless statements from individual foreign politicians on so-called issues relating to human rights, freedoms and political participation in the HKSAR.
      
     “Statements issued by individual foreign politicians from the US, the UK, the EU, Australia etc. are flagrant and unsubstantiated attacks on the HKSAR and provocative interventions of the internal affairs of the People’s Republic of China.
      
     “The oath-taking of District Council members is conducted in full compliance with the Basic Law. The HKSAR Government strongly deplores and condemns the smearing and unfair comments by foreign governments of this legitimate oath-taking process and the subsequent rightful decisions to disqualify those whose oaths are invalid for failing to meet the legal requirement to uphold the Basic Law and bear allegiance to HKSAR.
      
     “The implementation of the Hong Kong National Security Law (NSL) on June 30, 2020 and the passage of the Improving Electoral System (Consolidated Amendments) Bill 2021 on May 27, 2021, have been turning points for Hong Kong.
      
     “Chaos has been stopped and stability restored in Hong Kong. The implementation of ‘One Country, Two Systems’ is back on the right track and, as a result, the HKSAR and its people are looking ahead with renewed confidence in the future.

     “The public can once again go about their normal lives without fear of street violence or threats to their personal safety.
                
     “Since the implementation of the NSL, our financial market has remained steady. The banking sector is as robust as ever, financial services remain promising and development opportunities, both in Hong Kong and on the Mainland, continue to open up.
      
     “The NSL had been implemented in full accordance with national and local laws.
      
     “Article 4 of the NSL states that freedoms of speech, of the press and of publication are among rights and freedoms explicitly protected in accordance with Hong Kong laws.
      
     “The NSL also ensures the resolute, full and faithful implementation of the policy of ‘One Country, Two Systems’ – it will not change Hong Kong’s high degree of autonomy or undermine the legitimate rights and freedoms enjoyed by Hong Kong people under the Basic Law.
      
     “Any claims of politically motivated prosecutions are factually incorrect, nonsensical and misguided. All prosecutorial decisions are based on admissible evidence and applicable laws. Cases have never been or will never be handled any differently owing to the political beliefs or background of the persons involved.
      
     “Hong Kong embraces and upholds the key legal concepts including the presumption of innocence, the prohibition of double jeopardy, and the right to defend oneself and other rights in judicial proceedings that a criminal suspect, defendant and other parties in judicial proceedings are entitled to under the law.
      
     “Following a long period of acrimonious political stalemate, the operation of our Legislative Council has returned to normal after the implementation of electoral reforms.
      
     “People from all walks of life with different opinions about government policies are able to participate in the political system, as long as they uphold the Basic Law and swear allegiance to the HKSAR. People are free to vote and stand for election, regardless of their political affiliation.
                
     “We urge foreign politicians to stop their blatant interference in Hong Kong matters which are the internal affairs of the People’s Republic of China.”

Hong Kong – HKSARG strongly opposes US State Department’s 2021 Investment Climate Statements: Hong Kong

HKSARG strongly opposes US State Department’s 2021 Investment Climate Statements: Hong Kong

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     The Financial Secretary, Mr Paul Chan, today (July 22) said that the malicious smear and allegations against the National Security Law (NSL) made in the 2021 Investment Climate Statements: Hong Kong (the Statements) released by the United States Department of State is unfounded. He reiterated that the implementation of the NSL has safeguarded Hong Kong’s unique strengths under the “one country, two systems” and ensured a safe and stable environment, which reinforced Hong Kong’s position as an international financial centre and is conducive to attract more global investors to do business and invest in Hong Kong. To seize the opportunities arising from the market of the Guangdong-Hong Kong-Macao Greater Bay Area and green finance, some global financial institutions are already planning to increase investment or expand their operations in Hong Kong, reflecting international investors’ confidence in Hong Kong.

     Mr Chan said, “We strongly object and condemn the US Administration’s repeated attempts to smear the NSL and grossly interfere in Hong Kong’s affairs. We take great exception to the malicious comments relating to the NSL in the Statements.

     “The Statements on one hand attempted to slander the NSL, but on the other hand mentioned that Hong Kong remains a popular destination for US investment and trade, possesses world-class institutions and regulatory systems and provides competitive financial, trading and professional services. The relevant comments prove that the remarks made by the US administration is self-contradictory, illogical and the accusations to the NSL is self-defeating.

     “National security is a matter within the purview of the Central Authorities. It is the legitimate right and duty of every country to safeguard its national security. Enacting laws on national security with extraterritorial effect is squarely in line with international practice. The wanton attack on the NSL only demonstrates the double standards adopted by the US.”

     In fact, in the Hong Kong Special Administrative Region (HKSAR), the only criteria upon which judges are appointed is their judicial and professional quality, and their appointment by the Chief Executive is upon the recommendation of an independent statutory commission. When adjudicating cases under the NSL, judges remain independent and impartial in performing their judicial duties, free from any interference. The arrangement on the designation of judges under the NSL does not undermine the highly respected judicial independence of the HKSAR. The HKSAR has been entrusted with the responsibility under the NSL to exercise jurisdiction over most of the cases, save for only three specified situations.

     The HKSAR Government will continue to welcome overseas businesses, including US businesses, to set up offices in Hong Kong and to use Hong Kong as their regional headquarters or regional offices. At present, about 9 000 Mainland and overseas companies have set up offices in Hong Kong, of which more than 40 per cent use Hong Kong as regional headquarters or regional offices. Hong Kong also ranked the third largest recipient of foreign direct investment in 2020 according to the World Investment Report 2021 released by the United Nations Conference on Trade and Development. These demonstrate that Hong Kong’s investment environment has become more stable under the implementation of the NSL.

     Taking the financial market as an example, under the implementation of the NSL, Hong Kong continues to have a solid base to attract foreign capital. The Hong Kong dollar exchange rate has been strengthening continuously since the beginning of 2020. The Hong Kong dollar market recorded net capital inflows last year in which the amount of funds flowing into the Hong Kong dollar system exceeded HK$300 billion in July to October. The total deposits in Hong Kong’s banking system have increased by more than five per cent over the end of June last year and the total deposits are approximately $14,900 billion as at the end of May this year. The foreign currency reserve of Hong Kong is over $3,800 billion and that represents 1.8 times of the Hong Kong monetary base. 

     Hong Kong’s asset and wealth management business has great advantages. Hong Kong is the largest hedge fund base in Asia. At the same time, Hong Kong, following the Mainland, is also the second largest private equity fund base. The asset under management of Hong Kong asset and wealth management business amounted to $35,000 billion as at the end of last year, representing a year-on-year increase of 21 per cent. In addition, the transparent and mature financial market which is consistent with the international regulatory system has also attracted many renowned financial institutions at home and abroad to settle in Hong Kong. Among the top 100 banks in the world, 78 are operating in Hong Kong; and among the top 20 insurance companies in the world, 13 are also operating in Hong Kong.

     The Hong Kong capital market has also expanded its market capacity through continuous innovation. The internationalisation of the Renminbi (RMB) and the Shanghai-Shenzhen-Hong Kong Stock Connect have pushed the market forward. As the world’s largest offshore RMB business centre, Hong Kong has a capital pool of more than RMB850 billion as at the end of May this year. For the Shanghai-Shenzhen-Hong Kong Stock Connect, since the implementation of NSL, the daily average turnover of northbound and southbound trading of the Stock Connect have marked an increase of 97 per cent to RMB110.6 billion and an increase of 146 per cent to $37.5 billion respectively when compared with the 12-month period before the implementation of NSL. 

     On the other hand, the HKSAR Government is laying the ground work for the early launch of the cross-boundary ‘Wealth Management Connect’ scheme in the Guangdong-Hong Kong-Macao Greater Bay Area and the Southbound Bond Connect. These new initiatives will further facilitate the mutual access of the financial markets in the two places, broadening the client base and generating new business opportunities for Hong Kong’s financial industry. They will drive the further development of our asset and wealth management sector and consolidate Hong Kong’s position as an international financial centre and a global offshore RMB business hub.

     “The implementation of the NSL in the past year has made Hong Kong’s transition from chaos to order and returned people’s lives to normal. Furthermore, the improved electoral system mitigates internal attrition and political wrangling, enabling the HKSAR Government and the society to focus their energy on developing the economy and improving livelihoods. Hong Kong’s position as an international financial centre is as strong as the past. Hong Kong’s financial market has remained robust. The HKSAR Government has strong confidence and ability to fully utilise Hong Kong’s unique advantages and competitiveness, grasp the enormous opportunities brought about by the National 14th Five-Year Plan, Guangdong-Hong Kong-Macao Greater Bay Area development and the Belt and Road Initiative, leading Hong Kong’s economy to prosperity.” Mr Chan underlined.