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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Notice to Service Suppliers

Ref: CR TID/CEPA 7/7

13 May 2016

Dear Sirs,

Notice to Service Suppliers No. 3/2016

Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)
Application Procedures for Amendment / Replacement / Certified True Copy (CTC) / Cancellation of Hong Kong Service Supplier (HKSS) Certificate

I. INTRODUCTION

In accordance with CEPA, the Trade and Industry Department (TID) of the Hong Kong Special Administrative Region (HKSAR) has implemented a Hong Kong Service Supplier Certification Scheme since October 2003, issuing HKSS certificates to enterprises fulfilling the definition and related requirement of HKSS. Holders of valid HKSS certificate(s) may apply for the amendment / replacement / certified true copy (CTC) / cancellation of their valid HKSS certificate(s) under specific circumstances.

2.This Notice announces the application requirements and procedures for the respective applications. This Notice supersedes, with immediate effect, Notice to Service Suppliers No. 3/2015 issued on 27 February 2015 by TID. All applicants should, with effect from the date of issue of this Notice, follow the procedures and requirements stipulated in this Notice in submitting the respective applications.

II. DETAILS

Application Requirements

(a) Amendment

3.Holders of valid HKSS certificates may submit request for amendment of the name of service supplier printed on the HKSS certificate. In addition, holders of valid HKSS certificate(s) for Chinese language motion picture may submit request for amendment of the title of the Chinese language motion picture printed on the HKSS certificate. Under both circumstances, applicants should submit the following documents to TID:

  1. a duly completed application form [Form TID 103] (proforma at Appendix; latest version can be downloaded from TID's webpage) which is signed by the applicant's authorized person (Note 1)
  1. a copy of a fresh Statutory Declaration; details of the requirements are as below:
The fresh Statutory Declaration should contain the new name of service supplier and/or the new title of the Chinese language motion picture and attested by an attesting officer recognized by the Mainland (i.e. China Appointed Attesting Officer (Note 2)). The Statutory Declaration must be made by the applicant's authorized person(Note 1) in accordance with the procedures and requirements of the Oaths and Declarations Ordinance (Cap. 11) of the HKSAR. The Statutory Declaration must be completed in Chinese.

A proforma of the Statutory Declaration in Chinese [Form HKSS 001] and a proforma of the Statutory Declaration for non-Chinese speakers requiring interpretation of the content of the declaration [Form HKSS 002] (also in Chinese) can be downloaded from TID's webpage.
  1. original copy of the concerned HKSS certificate(s);
  1. for amending the name of the service supplier, a copy of the valid Business Registration Certificate bearing the new name of the applicant, certified by the Business Registration Office of the Inland Revenue Department of the HKSAR or a professional specified by TID pursuant to Article 6.1.1 of Annex 3 to the Agreement on Trade in Services (Designated Professional (Note 3)). If the applicant is formed and registered under the Companies Ordinance (Cap. 622) or a former Companies Ordinance of the HKSAR, a copy of the relevant Certificate(s) of Change of Name, certified by the Companies Registry of the HKSAR or a Designated Professional (Note 3); and
  1. for amending the title of the Chinese language motion picture, a copy of the Certificate of Royalty or Certificate of Copyright Ownership evidencing the change of title of the Chinese language motion picture (i.e. bearing both the old and new titles of the motion picture), as issued by Hong Kong Motion Picture Industry Association Limited (MPIA) or Movie Producers and Distributors Association of Hong Kong Limited (MPDA) and certified by the relevant issuing organization or a Designated Professional (Note 3).

4.Holders of HKSS certificates who intend to obtain an HKSS certificate covering another service sector/sub-sector or another Chinese language motion picture should submit a fresh application for HKSS certificate in accordance with the requirements and procedures set out in the latest relevant Notice to Service Suppliers issued from time to time by TID which is available on TID's webpage.

(b) Replacement

5.Holders of valid HKSS certificates can apply for replacement of the concerned HKSS certificates in case of loss, theft, destruction or damage. In this regard, applicant should submit the following documents to TID:

  1. a duly completed application form [Form TID 103] (see Appendix) which is signed by the applicant's authorized person (Note 1);
  2. in case of loss, theft or destruction, a letter certifying the loss, theft or destruction of the HKSS certificate by the responsible party; a copy of the concerned HKSS certificate; and a police memo indicating that the concerned HKSS certificate is lost, stolen or destroyed (if the HKSS certificate is lost within HKSAR);
  3. in case of damage, original of the HKSS certificate concerned.

(c) CTC

6.To facilitate concurrent applications to different Mainland's examining authorities for provision of the relevant services in the Mainland, TID provides service on the issue of CTC of valid HKSS certificate. The application should comprise a duly completed application form [Form TID 103] (see Appendix) which is signed by the applicant's authorized person(Note 1) and a copy of the valid HKSS certificate for which CTC is required.

(d) Cancellation

7.Holders of HKSS certificates may apply for cancellation of their HKSS certificates at any time. In this regard, the applicant should submit to TID a duly completed application form [Form TID 103] (see Appendix) which is signed by the applicant's authorized person (Note 1) and the original copy of the concerned HKSS certificate(s). However, in the event that there is any change in the particulars of its holder after the issue of an HKSS certificate which makes the holder no longer eligible as an HKSS, the holder shall immediately notify TID in writing of the change and at the same time apply for cancellation of the certificate. In this connection, the applicant should return the original copy of the concerned HKSS certificate(s) as well as documents substantiating that it no longer fulfills the HKSS eligibility criteria, together with a duly completed application form [Form TID 103] (see Appendix) which is signed by the applicant's authorized person(Note 1). In any event, cancellation of an HKSS certificate does not affect TID's right to take legal and/or other action against the applicant or any person for acts or omissions before the cancellation.

Application Procedures

8.Duly completed application form [Form TID 103], together with all relevant supporting documents as specified in paragraphs 3 to 7 above, should be submitted either by post or in person to the Hong Kong Service Supplier Certification Section of TID. The opening hours of the Section are:

Mondays to Fridays 
(except for public holidays)
: 8:45 a.m. to 12:30 p.m.
1:30 p.m. to 5:45 p.m.

9.TID will acknowledge receipt of the applications. TID may, in the circumstances it considers necessary, entrust other government departments, statutory bodies or any independent professional personnel/institutions to conduct verification/certification of the information provided in the application form and the accompanying documents (including the Statutory Declaration, if applicable). Moreover, TID reserves at all times the absolute right to request the applicant to provide additional information or further documentary proof to verify its application. Under normal circumstances, TID will complete the processing of an application within the processing time as set out below from the date of its receipt of the duly completed application form accompanied by all necessary supporting documents:

Types of Applications Processing Time
  • Amendment
5 clear working days
  • Replacement
3 clear working days
  • CTC
1 clear working day
  • Cancellation
3 clear working days

If the application form is not properly completed or there are discrepancies in the information declared therein, or the application form is not accompanied by all necessary documents or if there are discrepancies in the information provided in the accompanying documents, the processing time will be longer. If the applicant fails to provide accurate information and/or the necessary documents (including the Statutory Declaration, if applicable), its application will be rejected.

10.TID will notify the applicant of the result of application. Successful applicants will receive a payment notice of the application fee, if applicable. For replacement and CTC applications, a current fee of HK$305 will be charged for the issue of each replacement certificate and HK$135 for each CTC. Successful applicants will receive a payment notice of the application fee (not applicable to amendment and cancellation applicants). The replacement Certificate(s) / CTC(s) / amendment Certificate(s) will be issued to the applicant upon payment of the application fee (not applicable to amendment applicants). Payment can be made by cash or by cheque made payable to "The Government of the Hong Kong Special Administrative Region". Apart from the application fee, applicants should also be responsible for all expenses incurred for the verification or certification of the documents (including the attestation of the Statutory Declaration, if applicable) as stipulated in paragraph 3 above.

Handling of Information

11.TID is committed to ensuring all personal data provided in the applications related to HKSS certificate and in all the accompanying supporting documents (including the Statutory Declaration, if applicable) are handled in accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486) of the HKSAR. In this regard, the personal data provided in the above documents will be used by TID or its authorized persons/institutions for activities relating to the processing and verification of applications and related statistical and research work.

12.TID will keep the personal data provided in the applications and their accompanying documents in strict confidence. However, TID may disclose such data to other government departments, or to third parties within or outside Hong Kong under certain circumstances. Such circumstances may include: TID is of the view that the disclosure is necessary to facilitate the Mainland's examining authorities to verify the applications for obtaining the preferential treatment under CEPA and the Agreement on Trade in Services; for the purposes mentioned in paragraph 11 above; the disclosure is authorized or required by law; or explicit consent to the disclosure is given by the applicant/data subject. If necessary, TID will contact other government departments or specified independent institutions or persons to verify the personal data provided in the applications with those held by them.

13.Applicants and data subjects whose data are collected by TID may request access to such data under the Personal Data (Privacy) Ordinance of the HKSAR. Such requests should be made on the Data Access Request Form (No. OPS003) issued by the Privacy Commissioner, which is available at the Information Counter of TID or can be downloaded from TID's webpage. The duly completed Request Form should be sent to the Hong Kong Service Supplier Certification Section. A charge will be made to cover the cost of photocopying. In addition, if the data subject considers that the data supplied to TID is inaccurate, a request for correction of the data may be made in writing after a data request has been complied with.

14.Separately, TID may publish and/or disclose the names of holders of valid HKSS Certificates to third parties within or outside Hong Kong. Please contact the Customer Service Manager of the Hong Kong Service Supplier Certification Section of TID at telephone no. 3403 6004 if there are questions on this matter.

III. IMPORTANT NOTES

15.It is the responsibility of the applicant to complete the application form fully and truthfully and provide the supporting documents as required (including the Statutory Declaration, if applicable). Failing to provide accurate and complete information may affect the consideration and processing of the applications, and may result in their being deferred or rejected. Applicants are reminded that TID reserves at all times the absolute right to approve or reject an application. Each request will be considered on its own merits.

16.If it is found that the applicant has obtained its amendment / replacement / CTC / cancellation of HKSS certificate by means of any omission or misrepresentation of information, or by any other fraudulent means, or in the case that holder of a valid HKSS certificate (be it being amended or replaced) is no longer fulfilling the eligibility criteria for HKSS as stipulated in Annex 3 to the Agreement on Trade in Services, TID may cancel the application concerned or revoke any HKSS certificate(s) issued [including amendment(s) / replacement(s) / CTC(s) / cancellation acknowledgement(s) of the HKSS certificate(s) concerned].

17.During the validity period of the HKSS certificates, if more than 50% of the equity interest of the holders of the HKSS certificates has been owned by way of merger or acquisition by service suppliers not from the Mainland or Hong Kong, TID may revoke the HKSS certificates for which renewal is sought, as well as all other HKSS certificates held by the service suppliers in question. The above-mentioned service supplier may, however, make a fresh application for an HKSS certificate one year after 50% of its shares being acquired by service suppliers not from the Mainland or Hong Kong.

18.According to the Crimes Ordinance (Cap. 200) of the HKSAR, any person who knowingly and willfully makes (otherwise than on oath) a statement false in a material particular, such statement being made in a statutory declaration shall be liable on conviction upon indictment to imprisonment for 2 years and to a fine.

19.If the application, the supporting documents and/or the attested copy of the Statutory Declaration (if applicable) are submitted by post, TID will not accept the responsibility for any loss of documents in transit.

IV. ENQUIRIES

20.For enquiries relating to the application procedures or details set out in this Notice, please contact the Hong Kong Service Supplier Certification Section of TID at:

Address : Room 1605, 16/F, Trade and Industry Tower,
3 Concorde Road, Kowloon City, Kowloon
Tel : 3403 6428
Fax : 3547 1348
E-mail : hkss@tid.gov.hk

Yours faithfully,

(Miss Kennis LO)

for Director-General of Trade and Industry

(Note 1) The authorized person of a "Hong Kong service supplier" should be the sole-proprietor (in the case of sole-proprietorship), one of the partners (in the case of partnership), or a director/responsible officer authorized by the Board of Directors (in the case of a limited company) of the applicant.
(Note 2) China Appointed Attesting Officers refer to practising lawyers in Hong Kong registered under the Legal Practitioners Ordinance (Cap. 159) of the HKSAR, who are recognised by the Ministry of Justice of the People's Republic of China.  The relevant list is available at the website of the Association of China-Appointed Attesting Officers Ltd or the Law Society of Hong Kong's website.
(Note 3)

Professionals specified by TID pursuant to Article 6.1.1 of Annex 3 to the Agreement on Trade in Services (i.e. Designated Professionals) include:

(i) certified public accountants (practicing) of Hong Kong (auditors) i.e. certified public accountants registered under the Professional Accountants Ordinance (Cap. 50) of the HKSAR and holding a practising certificate. A list of the certified public accountants is available for perusal by the public at the office of the Hong Kong Institute of Certified Public Accountants at Membership Counter, 27/F, Wu Chung House, 213 Queen's Road East, Wanchai, Hong Kong.  The register is also available at the Institute's website at http://www.hkicpa.org.hk/; and

(ii) practising lawyers in Hong Kong registered under the Legal Practitioners Ordinance (Cap. 159) of the HKSAR, who are recognised by the Ministry of Justice of the People's Republic of China (i.e. China Appointed Attesting Officers).  The relevant list is available at the website of the Association of China-Appointed Attesting Officers Ltd or the Hong Kong Law Society's website.

For applications covering legal services [LES], the Designated Professionals refer to item (ii) above only.
Attesting authorities/persons should on the relevant documents/reports (a) state the certification result, certification date, full name of the attesting authority/person; and (b) affix the signature of the attesting authority/person.  The attested documents/reports should be stamped with the chop of the authority, if possible.