Hong Kong (China)

A. Progress in the implementation of the minimum standard

Hong Kong (China) has 41 tax agreements in force, as reported in its response to the Peer Review questionnaire. Three of those agreements, the agreements with Belarus*, Estonia and Finland, comply with the minimum standard.

Hong Kong (China) joined the MLI in 2017 and has not listed its agreements with India and Saudi Arabia. It indicated in its response to the Peer Review questionnaire that it would list those agreements under the MLI. India and Saudi Arabia have listed their agreements with Hong Kong (China) under the MLI.

Hong Kong (China) is implementing the minimum standard through the inclusion of the preamble statement and the PPT.1

The agreements that will be modified by the MLI will come into compliance with the minimum standard once the provisions of the MLI take effect.

B. Implementation issues

Hong Kong (China)’s listed agreements under the MLI will start to be compliant after the ratification of the MLI. It is encouraged that the MLI be ratified as soon as possible.

Summary of the jurisdiction response – Hong Kong (China)

Treaty partners

Compliance

with the

standard

If compliant,

the alternative

implemented

Signature of

a complying

instrument

The alternative

implemented through the

complying instrument

(if not the MLI)

Comments

1

Austria

No

N/A

Yes

N/A

2

Belarus*

Yes

PPT alone

N/A

N/A

3

Belgium

No

N/A

Yes

N/A

4

Brunei Darussalam

No

N/A

Yes

N/A

5

Cambodia*

No

N/A

No

N/A

To be added to the list of agreements that Hong Kong wishes to cover under the MLI or through bilateral negotiations of an amending protocol

6

Canada

No

N/A

Yes

N/A

7

Czech Republic

No

N/A

Yes

N/A

8

Estonia

Yes

PPT alone

N/A

N/A

9

Finland

Yes

PPT alone

N/A

N/A

10

France

No

N/A

Yes

N/A

11

Guernsey

No

N/A

Yes

N/A

12

Hungary

No

N/A

Yes

N/A

13

India

No

N/A

No

N/A

To be added to the list of agreements that Hong Kong wishes to cover under the MLI or through bilateral negotiations of an amending protocol

14

Indonesia

No

N/A

Yes

N/A

15

Ireland

No

N/A

Yes

N/A

16

Italy

No

N/A

Yes

N/A

17

Japan

No

N/A

Yes

N/A

18

Jersey

No

N/A

Yes

N/A

19

Korea

No

N/A

Yes

N/A

20

Kuwait*

No

N/A

Yes

N/A

21

Latvia

No

N/A

Yes

N/A

22

Liechtenstein

No

N/A

Yes

N/A

23

Luxembourg

No

N/A

Yes

N/A

24

Malaysia

No

N/A

Yes

N/A

25

Malta

No

N/A

Yes

N/A

26

Mexico

No

N/A

Yes

N/A

27

Netherlands

No

N/A

Yes

N/A

28

New Zealand

No

N/A

Yes

N/A

29

Pakistan

No

N/A

Yes

N/A

Partial compliance (just lacks the new preamble)

30

Portugal

No

N/A

Yes

N/A

31

Qatar

No

N/A

Yes

N/A

32

Romania

No

N/A

Yes

N/A

33

Russia

No

N/A

Yes

N/A

34

Saudi Arabia

No

N/A

No

N/A

To be added to the list of agreements that Hong Kong wishes to cover under the MLI or through bilateral negotiations of an amending protocol

35

South Africa

No

N/A

Yes

N/A

36

Spain

No

N/A

Yes

N/A

37

Switzerland

No

N/A

Yes

N/A

Switzerland has not listed this agreement in its MLI position and has proposed bilateral negotiations of an amending protocol instead.

38

Thailand

No

N/A

Yes

N/A

39

United Arab Emirates

No

N/A

Yes

N/A

40

United Kingdom

No

N/A

Yes

N/A

41

Viet Nam

No

N/A

Yes

N/A

Note

← 1. For 35 of its agreements listed under the MLI, Hong Kong is implementing the preamble statement (Article 6 of the MLI). For 34 of its agreements listed under the MLI, Hong Kong is implementing the PPT (Article 7 of the MLI). Hong Kong made a reservation pursuant to Article 6(4) of the MLI not to apply Article 6(1) of the MLI with respect to agreements, which already contain the relevant preamble language. One of Hong Kong’s agreements is within the scope of this reservation. Hong Kong made a reservation pursuant to Article 7(15)(b) of the MLI not to apply Article 7(1) of the MLI with respect to agreements, which already contain a PPT.

Two of Hong Kong’s agreements are within the scope of this reservation.

╳
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