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

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref. : TID/HKI 1

9 January 2018

Dear Sirs,

In accordance with the Investment Agreement, the Trade and Industry Department (TID) of the Hong Kong Special Administrative Region (HKSAR) implements a Hong Kong Investor Certification Scheme since 1 January 2018, issuing HKI certificates to enterprises fulfilling the relevant requirements on the definition of Hong Kong investor. Holders of valid HKI certificate(s) may apply for the amendment / replacement / certified true copy (CTC) / cancellation of their valid HKI certificate(s) under specific circumstances.

2.This Notice announces the application requirements and procedures for the respective applications. 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.

(a) Amendment

3.Holders of valid HKI certificates may submit request for amendment of the name of investor printed on the HKI certificate. Applicants should submit the following documents to TID:

1. a duly completed application form [Form TID 118] (proforma at Appendix; latest version can be downloaded from TID's webpage ) which is signed by the applicant's authorized person ^{(Note 1)}.
2. a fresh Statutory Declaration; details of the requirements are as below:
   
   The fresh Statutory Declaration should contain the new name of investor. 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 HKI 001] and a proforma of the Statutory Declaration for non-Chinese speakers requiring interpretation of the content of the declaration [Form HKI 002] (also in Chinese) can be downloaded from TID's webpage.
3. original copy of the concerned HKI certificate(s);
4. 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 Designated Professional ^{(Note 2)}. 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 2)}.

4.Holders of HKI certificates who intend to obtain an HKI certificate covering another sector should submit a fresh application for HKI certificate in accordance with the requirements and procedures set out in the latest relevant Notice to Investors issued from time to time by TID which is available on TID's webpage.

(b) Replacement

5.Holders of valid HKI certificates can apply for replacement of the concerned HKI 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 118] (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 HKI certificate by the responsible party; a copy of the concerned HKI certificate; and a police memo indicating that the concerned HKI certificate is lost, stolen or destroyed (if the HKI certificate is lost within HKSAR);
3. in case of damage, original of the HKI certificate concerned.

6. To facilitate concurrent applications to different Mainland's examining authorities for engaging in the relevant businesses in the Mainland, TID provides service on the issue of CTC of valid HKI certificate. The application should comprise a duly completed application form [Form TID 118] (see Appendix) which is signed by the applicant's authorized person ^{(Note 1)} and a copy of the valid HKI certificate for which CTC is required.

(d) Cancellation

7.Holders of HKI certificates may apply for cancellation of their HKI certificates at any time. In this regard, the applicant should submit to TID a duly completed application form [Form TID 118] (see Appendix) which is signed by the applicant's authorized person ^{(Note 1)} and the original copy of the concerned HKI certificate(s). However, in the event that there is any change in the particulars of its holder after the issue of an HKI certificate which makes the holder no longer eligible as a Hong Kong investor, the holder may, if considers necessary ^{(Note 3)}, 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 HKI certificate(s) as well as documents substantiating that it no longer fulfills the Hong Kong investor eligibility criteria, together with a duly completed application form [Form TID 118] (see Appendix) which is signed by the applicant's authorized person ^{(Note 1)} . In any event, cancellation of an HKI 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 118], 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 and Hong Kong Investor Certification Section of TID. The opening hours of the Section are:

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:

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.

11.TID is committed to ensuring all personal data provided in the applications related to HKI 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 the Investment Agreement; 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 / data subjects whose data are collected by TID may request access to such data under the Personal Data (Privacy) Ordinance (Cap. 486) 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 and Hong Kong Investor 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 HKI certificates to third parties within or outside Hong Kong. Please contact the Customer Service Manager of the Hong Kong Service Supplier and Hong Kong Investor Certification Section of TID at telephone no. 3403 6004 if there are questions on this matter.

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 HKI certificate by means of any omission or misrepresentation of information, or by any other fraudulent means, TID may cancel the application concerned or revoke any HKI certificate(s) issued [including amendment(s) / replacement(s) / CTC(s) / cancellation acknowledgement(s) of the HKI certificate(s) concerned].

17.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 two years and to a fine.

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

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

Yours faithfully,

(CS Lau)
for Director-General of Trade and Industry

^{(Note 1)}   The authorized person of a "Hong Kong investor" 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)}   Designated Professionals include:

1. certified public accountants (practising) 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
2. practising lawyers in Hong Kong registered under the Legal Practitioners Ordinance (Cap. 159) of the HKSAR. The relevant list is available at the Hong Kong Law Society's website.

Attesting Designated Professionals 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.

^{(Note 3)} During the validity of the HKI certificates, if more than 50% of the equity interest of the holders of the HKI certificates has been owned by way of merger or acquisition by investors not from the Mainland or Hong Kong, the investments that have already been made by the holders in the Mainland in the non-services sectors with preferential access to Hong Kong may continue to operate without applying for a new HKI certificate. However, the holders are not allowed to use the HKI certificates previously issued to cover new investments in those non-services sectors. The concerned Hong Kong investors may make a fresh application for an HKI certificate one year after 50% of its shares being acquired by investors not from the Mainland or Hong Kong for covering new investments in those non-services sectors.