Submissions and Reports

The Chamber acknowledges the need for the Competition Commission’s initiation of a second review of the Competition (Block Exemption Order) for Vessel Sharing Agreements) Order 2017 (“BEO”), whilst reaffirming the importance of its continuance in maintaining regulatory stability for Hong Kong’s shipping and logistics sector.

To support long-term planning and regional alignment, the Chamber recommends renewing the BEO for at least five years. It also respectfully suggests removing the 40% market share threshold, which may hinder efficient industry collaboration and competitiveness.

These proposals aim to strengthen Hong Kong’s role as a global trade hub by fostering a predictable, growth-oriented regulatory environment for its maritime and logistics industries.

The Chamber is generally supportive of the Government’s latest proposed enhancements to the Copyright Ordinance (Cap 528) to keep pace with the rapidly developing global artificial intelligence innovation trajectory. Such proposals would be beneficial to advancing Hong Kong’s position as a leading hub for innovation, intellectual property trading, and cultural exchange. To sustain a vibrant business landscape in the area of AI, we believe that a clear, proactive, and balanced legal framework would be beneficial.

We also put forward our views on two key issues raised in the consultation - the issue of copyright protection for AI-generated original works and the introduction of a new exemption for the use of copyrighted works in computational data analysis and processing - and note that there is a divergence of views on the concept of originality and the rights of copyright owners and users which we suggest would merit consideration in the course of implementing the revised law.

The Chamber recognizes the objectives of present industry-led efforts to develop a Voluntary Code of Conduct for ESG ratings and data products providers (the Code), and regards this form of regulatory intervention as a proportionate measure, to foster the growth of a transparent and trusted market for the sector, and to facilitate companies due diligence in light of increasing sustainable investment awareness.
In relation to the design and implementation of the proposed Code, we suggest amongst others, that consideration be given to incorporating suitable flexibility and interoperability to facilitate voluntary adoption by the wider business community, in the light of potential resource and real data provision challenges.

The Chamber generally supports the Government’s proposals to transform Lau Fau Shan into a tech hub and eco-tourism hotspot, in line with its blueprint for the development of the Northern Metropolis. We recognize that such efforts would benefit businesses, particularly the tech sector, through creating opportunities for cross-border corporate synergies and development alongside Qianhai and Nanshan in Shenzhen.
At the same time, we highlight several conceptual and practical issues relating to these proposals, which we suggest that the Government take into consideration when taking forward the megaproject.

The Chamber fully supports the Government’s proposed implementation of the Basic Law Article 23 Legislation, which is a welcomed step in the right direction for Hong Kong as it seeks to fulfill its constitutional duty and safeguard national security under the principle of “one country, two systems”. Whilst Hong Kong’s economic and social prosperity, as well as competitiveness as an international business hub rests upon such developments, sufficient clarity on the legal provisions and solid education and support from the Government for businesses and the public should also be considered to facilitate awareness and consensus building for the new legislation.

The Chamber is largely supportive of the Government’s latest proposals to further promote paperless corporate communications amongst Hong Kong's businesses to meet sustainability and efficiency objectives, which is also timely to facilitate further digital transformation within both the public and private sphere.

At the same time, we recommend that a more detailed consultation of industry stakeholders on the legislative proposals, prior to their taking effect, would be beneficial to addressing potential uncertainties associated with these proposals, thereby meeting business needs whilst protecting investor interests.

The Chamber welcomes the HKEX’s proposals to enhance the GEM Listing regime in light of the recent significant decline of listings. We nevertheless suggest that greater strides should be taken to attract GEM’s main intended beneficiaries – growth and small and medium sized companies (SMEs), who are crucial contributors to Hong Kong’s economy and prosperity as an international financial city – so as to facilitate the success of such reforms. Recommendations on how to achieve such objectives, comprising cost reduction and relaxing financial eligibility requirements for GEM listing, reducing the profit requirement for entry to the Main Board, as well as enhanced promotion and outreach, are also outlined in the response.

The Chamber welcomes the SFC’s introduction of a new regulatory framework for licensed virtual asset trading platform (VATP) service operators as well as proposals to allow retail investors to access services delivered by the former, provided that there is balance between supporting the development and demands in virtual asset trading, and providing robust protection to investors and market integrity. At the same time, the Chamber notes that there exist differences in industry views on the necessity and sufficiency of certain proposed investor protection mechanisms.

The Chamber welcomes the Government’s initiative to update the Talent List to address Hong Kong’s acute talent shortage situation and sustain a competitive economy, and puts forward recommendations on the necessary high-skilled professions for inclusion in the same.

The Chamber welcomes the HKLRC’s proposals to introduce a bespoke law that deals with the proliferation of cyber-dependent crimes given the risks of such illegal acts on Hong Kong’s businesses. The Chamber has also called for a balanced approach in the design of the new law so that other than the objective of protecting public interest, consideration should also be given to upholding business’ legitimate needs.