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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
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Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)

Maritime Transport Services

Liberalisation Measures under CEPA

The Agreement on Trade in Services covers and consolidates commitments relating to liberalisation of trade in services provided in CEPA and its Supplements and also the Agreement between the Mainland and Hong Kong on Achieving Basic Liberalisation of Trade in Services in Guangdong.
 
Agreement on Trade in Services
Liberalisation Measures under Cross-border Services (Positive List)
Sectors or sub-sectors
  • 11. Transport services
    • A. Maritime transport services

      • International transport ( freight and passengers )( CPC7211, 7212,   excluding cabotage transport services )
      • Container station and depot services
      • Others
      •  
    • H. Auxiliary services
      •  b. Storage and warehouse services (CPC742)
      •  c. Freight forwarding agency services (CPC748, 749, excluding freight inspection)
Specific commitments
  1. To delegate to the transport authorities of  provinciallevel to approve applications for general water cargo transportation between Hong Kong and Guangdong, Guangxi, Fujian Hainan, as well as applications of shipping liners engaging in waterborne transportation between Hong Kong and GuangdongProvince for changing relevant records of ships.1

  2. To allow contractual service providers employed by Hong Kong service suppliers2, in the mode of movement of natural persons, to provide services under this sector or sub-sector in the Mainland3.4

  3. To allow Hong Kong service suppliers to use liner vessels serving main routes to move, without any restrictions, empty containers that they own or rent, as long as customs procedures are observed.5
Reserved Restrictive Measures under Commercial Presence (Negative List)
Sector
  • 1. Business Services
Sub-sector
    • E. Rental/LeasingServices without Operators
       
      • a. Rental/leasing services relating to ships (CPC83103)
Obligations concerned
National Treatment
Reserved Restrictive
Measures
      Commercial Presence   
     Apply national treatment.
 
 
Sector
  • 11. Transport Services
Sub-sector
    • A. Maritime Transport Services
      • a. Passenger transportation (CPC7211)
Obligations concerned
National Treatment
Reserved Restrictive
Measures
Commercial Presence
  1. The following criteria shall be met when providing costal water transport services:
1) In the business areas intended to operate, Mainland water transport service suppliers could not meet the demand.
2) Having good business and operating records in providing water transport services.
3) Restricted to equity joint venture, contractual joint ventureand the capital contribution of the Hong Kong service supplier not exceeding 50%.
  1. For enterprises which have been approved and have obtained the permit to provide water transport services, any change of Hong Kong service suppliers and any change of the share percentage held by Hong Kong service suppliers shall be reported to the original authority-in-charge for approval.
 
Sector
  • 11. Transport Services
Sub-sector
    • A. Maritime Transport Services
      • b. Freight transportation (CPC7212)
Obligations concerned
National Treatment
Reserved Restrictive
Measures
Commercial Presence
  1. The following criteria shall be met when providing costal water transport services:
1) In the business areas intended to operate, Mainland water transport service suppliers could not meet the demand.
2) Having good business and operating records in providing water transport services.
3) Restricted to equity joint venture, contractual joint venture and the capital contribution of the Hong Kong service supplier not exceeding 50%.
  1. For enterprises which have been approved and have obtained the permit to provide water transport services, any change of Hong Kong service suppliers and any change of the share percentage held by Hong Kong service suppliers shall be reported to the original authority-in-charge for approval.
 
Sector
  • 11. Transport Services
Sub-sector
    • A. Maritime Transport Services
      • c. Rental of vessels with crew (CPC7213)
Obligations concerned
National Treatment
Reserved Restrictive
Measures
Commercial Presence
Not to provide rental of vessels with crew engaging in coastal waterway transportation.
 
Sector
  • 11. Transport Services
Sub-sector
    • A. Maritime Transport Services
      • d. Maintenance and repair of vessels (CPC8868)
Obligations concerned
National Treatment
Reserved Restrictive
Measures
Commercial Presence
Apply national treatment.
 
Sector
  • 11. Transport Services
Sub-sector
    • A. Maritime Transport Services
      • e. Pushing and towing services (CPC7214)
Obligations concerned
National Treatment
Reserved Restrictive
Measures
Commercial Presence
  1. The following criteria shall be met when providing costal water transport services:
1) In the business areas intended to operate, Mainland water transport service suppliers could not meet the demand.
2) Having good business and operating records in providing water transport services.
3) Restricted to equity joint venture, contractual joint venture and the capital contribution of the Hong Kong service supplier not exceeding 50%.
  1. For enterprises which have been approved and have obtained the permit to provide water transport services, any change of Hong Kong service suppliers and any change of the share percentage held by Hong Kong service suppliers shall be reported to the original authority-in-charge for approval.
 
Sector
  • 11. Transport Services
Sub-sector
    • A. Maritime Transport Services
      • f. Supporting services for maritime transport (CPC745)
Obligations concerned
National Treatment
Reserved Restrictive
Measures
Commercial Presence
The provision of supporting services for internal waterway transport is restricted to:
1) The establishment of wholly-owned enterprises in Guangdong Province to provide material supplying services except fuels and water.
2) Providing services on cleaning, sterilizing, fumigating, pest control and sealing up of vessels and storage for arriving and anchoring vessels.
3) Corporate enterprise with Mainland party is allowed to engage in salvage business. The Mainland party should be professional salvage institution(s) with   appropriate salvage operation qualifications, which are approved by Ministry of Transport according to national regulations on conditions of engaging in professional salvage services.
 
Sector
  • 11. Transport Services
Sub-sector
    • B. Internal Waterways Transport
      • a. Passenger transportation (CPC7221)
Obligations concerned
National Treatment
Reserved Restrictive
Measures
Commercial Presence
  1. The following criteria shall be met when providing internal waterways transport services:
1) In the business areas intended to operate, Mainland water transport service suppliers could not meet the demand.
2) Having good business and operating records in providing water transport services.
3) Restricted to equity joint venture, contractual joint venture and capital contribution of the Hong Kong service supplier not exceeding 50%.
  1. For enterprises which have been approved and have obtained the permit to provide water transport services, any change of Hong Kong service suppliers and any change of the share percentage held by Hong Kong service suppliers shall be reported to the original authority-in-charge for approval.
 
Sector
  • 11. Transport Services
Sub-sector
    • B. Internal Waterways Transport
      • b. Freight transportation (CPC7222)
Obligations concerned
National Treatment
Reserved Restrictive
Measures
Commercial Presence
  1. The following criteria shall be met when providing internal waterways transport services:
1) In the business areas intended to operate, Mainland water transport service suppliers could not meet the demand.
2) Having good business and operating records in providing water transport services.
3) Restricted to equity joint venture, contractual joint venture and the capital contribution of the Hong Kong service supplier not exceeding 50%.
  1. For enterprises which have been approved and have obtained the permit to provide water transport services, any change of Hong Kong service suppliers and any change of the share percentage held by Hong Kong service suppliers shall be reported to the original authority-in-charge for approval.
 
Sector
  • 11. Transport Services
Sub-sector
    • B. Internal Waterways Transport
      • c. Rental of vessels with crew (CPC7223)
Obligations concerned
National Treatment
Reserved Restrictive
Measures
Commercial Presence
Not to provide rental of vessels with crew engaging in internal water transport.
 
Sector
  • 11. Transport Services
Sub-sector
    • B. Internal Waterways Transport
      • d. Maintenance and repair of vessels (CPC8868)
Obligations concerned
National Treatment
Reserved Restrictive
Measures
Commercial Presence
Apply national treatment.
 
Sector
  • 11. Transport Services
Sub-sector
    • B. Internal Waterways Transport
      • e. Pushing and towing services (CPC7224)
Obligations concerned
National Treatment
Reserved Restrictive
Measures
Commercial Presence
  1. The following criteria shall be met when providing internal waterways transport services:
1) In the business areas intended to operate, Mainland water transport service suppliers could not meet the demand.
2) Having good business and operating records in providing water transport services.
3) Restricted to equity joint venture, contractual joint venture and the capital contribution of the Hong Kong service supplier not exceeding 50%.
  1. For enterprises which have been approved and have obtained the permit to provide water transport services, any change of Hong Kong service suppliers and any change of the share percentage held by Hong Kong service suppliers shall be reported to the original authority-in-charge for approval.
 
Sector
  • 11. Transport Services
Sub-sector
    • B. Internal Waterways Transport
      • f. Supporting services for internal waterway transport (CPC745)
Obligations concerned
National Treatment
Reserved Restrictive
Measures
Commercial Presence
The provision of supporting services for internal waterway transport is restricted to:
1) The establishment of wholly-owned enterprises to provide material supplying services except fuels and water.
2) Providing services on cleaning, sterilising, fumigating, pest control and sealing up of vessels and storage for arriving and anchoring vessels.
3) Corporate enterprise with Mainland party is allowed to engage in salvage business. The Mainland party should be professional salvage institution(s) with appropriate salvage operation qualifications, which are approved by Ministry of Transport according to national regulations on conditions of engaging in professional salvage services.
 
Sector
  • 11. Transport Services
Sub-sector
    • H. Services auxiliary to all modes of transport
      • a. Cargo-handling services ( CPC741 )
Obligations concerned
National Treatment
Reserved Restrictive
Measures
Commercial Presence
Apply national treatment.



1
Covering the liberalisation measures provided in CEPA Supplement X and the newly added liberalisation measures in this Agreement.
2 In this sector, the Hong Kong service suppliers must be enterprise juridical persons.
3 Cargo loading/unloading, container station and storage and international freight forwarding agency services (CPC748,749, not including cargo inspection services).
4 Covering the liberalisation measures provided in CEPA Supplement X.
5 Covering the liberalisation measures provided in CEPA.