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

24-hour hotline : 23 922 922

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

Ref. : TID/HKI 1

9 January 2018

Dear Sirs,

Notice to Investors No. 2/2018

Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)
Arrangements and Application Procedures for Renewal of Hong Kong Investor (HKI) Certificate

I. INTRODUCTION

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. Each certificate is valid for two years. Enterprises who wish to extend the validity of their HKI certificates may, on a voluntary basis, apply to TID to renew their certificates which will expire soon.

2.This Notice announces the requirements and procedures for application of renewal of an HKI certificate under the Investment Agreement. All applicants should, with effect from the date of issue of this Notice, follow the procedures and requirements stipulated in this Notice in applying for renewal of an HKI certificate.

II. DETAILS

Application Requirements

3.All holders of HKI certificates who wish to renew their certificates must continue to fulfill the definition and requirements for Hong Kong investor set out in Annex 1 to the Investment Agreement. For details, please refer to the requirements and procedures set out in the latest relevant Notice to Investors issued from time to time by TID and the relevant provisions in the Investment Agreement, which are available on the following TID's webpages -

4.Eligible holders of HKI certificates should submit their renewal applications to TID within the period of 60 days before and 180 days after the date of expiry of their HKI certificates. Applications for renewing HKI certificates that have already expired for over 180 days would not be entertained. If necessary, enterprises may submit fresh applications for HKI certificates to TID by following the requirements and procedures set out in the latest relevant Notice to Investors issued from time to time by TID.

5.The renewed HKI certificate will be valid for two years from the date of expiry of the previous certificate.

Application Procedures and Supporting Documents

6.To apply for renewal of HKI certificate(s), an applicant should submit the following documents to TID:

  1. a duly completed application form for renewal of HKI Certificate [Form TID 119] (proforma at Appendix 1, whose latest version can be downloaded from TID's webpage). Each application form shall cover renewal application of only one certificate held by the applicant (Note 1);
  2. a Statutory Declaration made by the applicant's authorized person (Note 2) 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 is set out in Appendix 2A [Form HKI 003]. Non-Chinese speakers requiring interpretation of the content of the declaration should use the proforma at Appendix 2B [Form HKI 004] (also in Chinese). The latest versions of these two proforma can be downloaded from TID's webpage. Statutory Declaration should contain the certificate number and name of the sector of the HKI certificate that the applicant intends to apply for renewal;
  3. (Applicable to companies formed and registered under the Companies Ordinance (Cap. 622) or a former Companies Ordinance of the HKSAR) a copy of the valid Certificate of Incorporation (including Certificate(s) of Change of Name, if applicable) of the applicant. Copies of these documents should be certified by the Companies Registry of the HKSAR or a Designated Professional (Note 3) ;
  4. a copy of the valid Business Registration Certificate of the applicant, certified by the Business Registration Office (BRO) of the Inland Revenue Department of the HKSAR or a Designated Professional (Note 3);
  5. a copy of a complete Extract of Information on the Business Register issued by BRO within 90 days prior to the date of lodgement of the renewal application and certified by the BRO or a Designated Professional (Note 3); and
  6. a copy of the HKI certificate concerned.

7.The required documents set out in paragraph 6 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:

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.

8.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). 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.

9.Under normal circumstances, TID will complete the processing of a renewal application within 5 clear working days from the date of its receipt of the duly completed application form accompanied by a Statutory Declaration and all necessary supporting documents. TID will then notify the applicant of the result of application. Successful applicants will receive a payment notice of the application fee. A renewed HKI certificate will be issued to the applicant upon payment of the application fee. Payment can be made by cash or by cheque made payable to "The Government of the Hong Kong Special Administrative Region". If an 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), its application will be rejected.

Application Fee

10.The current application fee for renewal of HKI certificate is HK$305 per application. Apart from the application fee, applicants should also be responsible for all expenses incurred for the verification or certification of the documents (including the Statutory Declaration) as stipulated in paragraphs 6 and 8 above.

Amendment/Cancellation of Applications

11.The applicant should immediately cancel the application in writing and lodge a fresh application form together with the supporting documents required if there is any substantial change to the information provided in the application form and its accompanying supporting documents concerning its eligibility as a Hong Kong investor under the Investment Agreement. At the same time, the applicant should also make a fresh Statutory Declaration in accordance with the provisions set out in paragraph 6(b) above. A Statutory Declaration, together with a new application form and the supporting documents required should be submitted to the Hong Kong Service Supplier and Hong Kong Investor Certification Section of TID either by post or in person.

12.If an applicant wishes to cancel its application for renewing HKI certificate after submission, it should immediately submit a cancellation request in writing to the Hong Kong Service Supplier and Hong Kong Investor Certification Section of TID either by post or in person.

Handling of Information

13.TID is committed to ensuring all personal data provided in the applications for renewal of HKI certificate and in all the accompanying supporting documents (including the Statutory Declaration) 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 for renewal of HKI certificate, and related statistical and research work.

14.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 treatments under the Investment Agreement; for the purposes mentioned in paragraph 13 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.

15.Applicants and 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.

16.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.

III. IMPORTANT NOTES

17.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). 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.

18.After granting of a renewed HKI certificate, if there is any change in the relevant particulars of the applicant that would affect its eligibility as a Hong Kong investor, the applicant may, if considers necessary (Note 4), notify TID in writing of the change and at the same time apply for cancellation of the HKI certificate. If it is found that the applicant has obtained its renewed HKI certificate by means of any misrepresentation or omission of information, or by any other fraudulent means, TID may cancel the application concerned or revoke any HKI certificate renewed.

19.According to the Crimes Ordinance (Cap. 200) of the HKSAR, any person who knowingly and wilfully 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.

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

IV. ENQUIRIES

21.For enquiries relating to the application procedures or details of applying for renewal of an HKI certificate, please contact the Hong Kong Service Supplier and Hong Kong Investor 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 : hki@tid.gov.hk

Yours faithfully,

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

(Note 1)   Applicants submitting more than one application on the same day involving HKI certificates under different sectors are allowed to support their different applications with only one set of certified copies of the common supporting documents for assessment. However, each application should include a separate application form, a Statutory Declaration for each HKI certificate concerned and a copy of the HKI certificate to be renewed. Applicants should also be responsible for payment of all expenses incurred for each separate application.

(Note 2)   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 3)   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 register of 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 website of 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 4)   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.