Database

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HONG KONG

Since March 1997
Since December 2015

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)

ITA Expansion Agreement (ITA II)
Hong Kong is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods

HONG KONG

Reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Reported restrictions on foreign participation in public procurement
It is reported that despite the absence of formal barriers to non-local tendering in procurement regulations in Hong Kong, the country employs a contractor management system to facilitate the selection of reliable and capable contractors. These contractors should be familiar with local regulations and practices for certain procurement types. As a result, foreign contractors may encounter restrictions on both the number and value of public works contracts they are able to obtain. Reports indicate that, during the period from 2018 to 2021, a substantial majority of such contracts were awarded to suppliers based in Hong Kong.
Coverage Horizontal

HONG KONG

Since April 2014

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
WTO Agreement on Government Procurement (GPA)
Hong Kong is a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), and its commitments also cover the services sectors considered most important for digital trade, namely telecommunication services (CPC 752), telecommunication-related services (CPC 754), and computer and related services (CPC 84).
Coverage Horizontal

HONG KONG

Since March 2014
Since April 2012

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Companies Ordinance (Cap. 622)

Communications Authority Ordinance (Cap. 616)
According to the Communications Authority Ordinance and the Companies Ordinance, there are no ownership restrictions for telecommunications, manufacturing of information and communication technology goods and products, computer and related services, and online broadcasting. In addition, it is reported that there are no foreign ownership limitations in the telecom sector.
Coverage Horizontal

HONG KONG

Since July 1997

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
Hong Kong is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

HONG KONG

Since June 1997, last amended in July 2007

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Copyright Ordinance (Cap. 528)
Hong Kong has a clear regime of copyright exceptions that follows the fair dealing model under the Copyright Ordinance, which enables the lawful use of copyrighted work by others without obtaining permission. These exceptions include research, private study, criticism, reviews and news reporting.
Coverage Horizontal

HONG KONG

Reported in 2018, last reported in 2024

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Hong Kong. Piracy through illicit streaming devices (ISDs) is reportedly on the rise in Hong Kong, posing a direct threat to content creators, sports leagues and live performances, as well as legitimate providers of streaming, on-demand and over-the-top media services. In addition, Hong Kong's failure to modernise its copyright system has left it vulnerable to digital copyright piracy, particularly from illicit streaming websites and streaming devices (ISDs), with negative ramifications for businesses and innovators.
Coverage Horizontal

HONG KONG

Since March 2007, entry into force in October 2008

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Hong Kong has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

HONG KONG

Since March 2007, entry into force in October 2008

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Hong Kong has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

HONG KONG

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive framework for trade secrets protection
Hong Kong lacks a comprehensive framework for the protection of trade secrets. However, confidential information, including trade secrets, is protected by the common law of confidence, as well as under express and implied terms of contract. While there is no single definition of a trade secret in Hong Kong, the characteristics of a trade secret were summarised in the 2003 case of AXA China Region Insurance Co Ltd v. Pacific Century Insurance Co Ltd, namely that a trade secret or its equivalent must be information which: is used in a trade or business; is confidential, i.e. is not already in the public domain; can be easily isolated from other information which an employee is free to use; if disclosed to a competitor, would be liable to cause real or significant harm to the owner; and is restricted from dissemination by the owner of the information. In the case of infringement, court orders may include (i) a declaration as to the confidentiality and the (lack of) entitlement to the use of the information; (ii) an injunction to restrain the use or further use of the confidential information; (iii) disclosure of any infringing use made of the information; and (iv) delivery of any infringing materials damages or, at the Plaintiff’s election, an account of profits.
Coverage Horizontal

HONG KONG

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Hong Kong to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

HONG KONG

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Hong Kong does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, it is reported that major fixed carriers and mobile carriers are subject to accounting separation requirements to assist the Authority in monitoring developments in the telecommunications industry in general. It is also reported that the Office of the Communications Authority (OFCA) requires a dominant operator to maintain and report accounts for different service segments of its licensed operations, while non-dominant operators are required to maintain and report accounts for their overall licensed operations only.
Coverage Telecommunications sector
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"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'HK')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
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ITA: [{"meta_value":"0.00"}]

HONG KONG

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0%
Coverage rate of zero-tariffs on ICT goods (%)
100%
Coverage: Digital goods

HONDURAS

Since 2013

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Honduras has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

HONDURAS

N/A

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Honduras does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

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