BUSINESS
January 2002 Issue

China-Hong Kong Free Trade Agreement
The Central Government has reacted positively to the proposed
free trade agreement, so now we need to work out what it should look like
China is finally an official member of the World Trade Organisation (WTO).
Now that the Hong Kong SAR Government has proposed to the Central Government the idea of a
Hong Kong-Macau-China Free Trade Agreement, and given the positive reaction from the
Central Government, we should concentrate on what this agreement could look like.
Given that China and Hong Kong are two separate members of the WTO, the
discussions between the SAR Government and the Central Government should be guided by
these principles: (1) The agreement must abide by WTO rules. (2) The agreement should be
beneficial to the economies of both Hong Kong and the Mainland. (3) The agreement should
be reached quickly -- preferably before the end of 2002. Its content should be simple and
its implementation transparent. (4) The agreement should not bring additional difficulties
to China in its implementation of WTO commitments and in its relationship with other WTO
members.
Given these guiding principles, what should be explored? As proposed by
the Chamber two years ago, an important element of any regional free trade agreement
between Hong Kong SAR and China should be a time-advantage for Hong Kong companies. This
means that while the market opening which China has committed to all WTO members will take
effect three or five years after accession, Hong Kong companies may enjoy this opening
earlier, say one year or 18 months from accession. Let us look at this in more detail.
Early Liberalisation of Agreed Market Opening
The liberalisation will be implemented according to timetables for
telecommuni-cation, banking, insurance, distribution, retail, consulting, advertising,
tourism, legal services, etc. These timetables cover forms of investment, percentage of
investment, number of branches, licenses, areas of operation and others, and usually range
from two to five years after accession.
A FTA with China may, upon imple-mentation, enable Hong Kong companies to
obtain these same liberalisation earlier, say one year after accession, which would be at
the beginning of 2003.
For instance, according to China's WTO schedule for market access, by
2005, all restrictions on distribution auxiliary services -- warehousing, advertising,
technical testing and analysis, and packing services -- will be phased out and wholly
foreign-owned subsidiaries of freight forwarding companies will be permitted. By 2007,
China will relax ownership limitations on foreign management consulting firms, and foreign
retailers and chain store operators will no longer have equity limitations.
Under a FTA, China may offer to fully open these sectors to Hong Kong
investors in 2003 or 2004. This time advantage would allow Hong Kong companies to move
into China quicker to look for new opportunities in these sectors. China can benefit from
having this "experimental" opening and by partnering with Hong Kong companies to get ready for the onslaught
of companies from other WTO members at a later date.
Further Lowering/Removal of Barriers
In many sectors, there are barriers to investment or operation which are
not covered by the current China WTO accession document. An example is the exhibition
services sector, where wholly foreign owned operations are not allowed. Government
procurement is not covered at all in the accession document. Another example is that of
the asset barrier of US$20 billion for setting up foreign bank branches. A FTA with Hong
Kong could open up a wide range of opportunities by lowering some of these barriers or
removing prohibitions for Hong Kong companies. Obviously, any such additional opening may
become the subject of future requests by other WTO members, so the Central Government will
have to look very carefully before granting these to Hong Kong. But since China will be
involved in the new round of trade liberalisation anyway -- the new Doha Round which was
successfully launched a month ago -- there will be room for additional, and previously not
covered, liberalisation to be made available in the future. Even though these may
eventually be enjoyed by all WTO members, Hong Kong will, again, gain a time advantage.
Lower Tariffs for selected
Manufactured Goods
The benefits described above for service sectors may also be applicable to
industrial tariffs, that is, there may be an opportunity to seek early reduction or
further reduction of certain tariffs. This could help attract some high value-added
manufacturing operations to Hong Kong, especially those with a high design content, or
others where the original components would encounter a stiff tariff in China or where
technology transfer rules prohibit these components from entering China unassembled.
A free trade agreement by definition is two-way. The Central Government
appreciates that one benefit of the FTA is faster economic integration between Hong Kong
and China in accordance with the "One Country Two Systems"
principle. The "experimental" early opening described above can help China
better prepare for the wider opening that it promised. Similarly, a FTA can be used to
provide a framework for "pilot liberalisation", that is further liberalisation
on a voluntary and non-binding basis, thus enabling China to manage its own liberalisation
programme.
On our part, we shall have to be prepared to offer some specific benefits
for Mainland businesses and professionals to enable them to access Hong Kong's market more
freely.
Technical difficulties
Finally, one can be sure that there will be many technical difficulties in
reaching such an agreement -- the question of what constitutes a "Hong Kong
company," for example. A
definition which is too narrow undermines our international character, while a definition
that is too all-encompassing may, by opening the door too wide and too quickly, render the
time-advantage which we seek for Hong Kong SMEs less material. However, with over 150
WTO-permitted free trade agreements in existence for us to consult, surely a satisfactory
solution can be found in some of those agreements.
We hope that a successful FTA can be concluded quickly. We have not
touched on Macau, but including Macau should be relatively simple. Including Taiwan would
be a different story, and political problems are difficult to resolve in a short time. Let
us work on a Hong Kong-Macau-China FTA first.
In conclusion, although much work needs to be done, we believe a free
trade agreement with China by the end of this year is not beyond our reach. If we are to
give Hong Kong as much time advantage as possible, we need to move fast with the
negotiations. Now that Tung Chee-hwa has put this proposal to Beijing, and now that the
Central Government is very interested, we hope that the open-mindedness and the energy and
the commitment on both sides will get us an agreement by the end of 2002, thus taking Hong
Kong 's economy up to the next
plateau. |