Submissions and Reports

The Chamber has called for clarification of a few matters outstanding from the last round of consultation in 2016. The Chamber has also suggested that instead of a selective approach, all antitrust (competition) matters should be excluded from the Convention.

The Chamber supports the proposal to introduce legislation on the management of government information subject to a number of conditions. These include clarification on the definition of “public interest” where an application for exemption under the Personal Data (Privacy) Ordinance is made, and that the proposed Law be applicable to all government and public bodies rather than on a selective basis.

The Chamber welcomes the proposal to provide statutory backing to the access of government-held records. At the same time, the Chamber has drawn attention to the need to protect business information and accord the latter with the same level of protection as personal data, while calling for a definition of “public bodies” and those subjecting these the proposed Access to Information Law. The Chamber has also argued that no fee should be levied on requests for information.

The Chamber suggests the need for a comprehensive review of the Telecommunications Ordinance to ensure that regulations keep pace with technological advancements and to facilitate the rollout of 5G mobile networks.

The second draft of the “Law of the People's Republic of China on Foreign Investment (Draft)”was released for public opinion and comment at the end of 2018. The Draft aims to boost the Mainland’s economic development by attracting more foreign capital. Most members of the Chamber generally support the provisions contained within the Draft. However, the Chamber has some concerns about whether the proposed law will apply to Hong Kong and Macao enterprises, as the Draft does not clarify this issue. In its submission, the Chamber also shared its thoughts on a number of other areas in the Draft.

The Chamber has urged the Financial Secretary to help Hong Kong prepare for economic challenges ahead and hone our competitiveness. In its submission to the Government’s 2019-20 Budget, the Chamber also reiterated that it is crucial that a proper regulatory impact assessment framework be established, and recommended replicating the preferential tax treatment for Hong Kong residents practised in Qianhai and Hengqin across the Greater Bay Area on an incremental basis.

The Chamber welcomes and supports the Government’s introduction of a bill on 14 November 2018 to implement a charging scheme for the purpose of reducing municipal solid waste. As an advocate of the polluter-pays principle, we believe that such a charging scheme would contribute to the reduction of waste at source and in promoting a greener lifestyle.

The PRC Ministry of Finance and the PRC State Administration of Taxation jointly released the Consultation Draft on the Detailed Implementation Rules of the PRC Individual Income Tax Law and the Provisional Implementation Measures of the Additional Itemized Deductible Items for public comment on 20 October, 2018. The four major local chambers jointly submitted a letter to the Ministries of Finance and State Administration of Taxation on 14 November to reflect Hong Kong businesses’ concerns and suggestions.

The Chamber supports the Government’s efforts to implement anti-tax avoidance measures for plugging the loopholes of misusing or abusing Hong Kong to obtain ORSO exemption. We also call for a proper regulatory assessment in certain areas to ensure Hong Kong’s competitiveness would not be undermined, in particular an absolute ban on new exemption applications under ORSO.