HONG KONG
Since April 1994
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Hong Kong has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220119035511/https://www.wto.org/english/tratop_e/serv_e/telecom_e/sc39.pdf
- https://web.archive.org/web/20220331215538/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
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HONG KONG
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Office of the Communications Authority (OFCA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
HONG KONG
Since March 2014, last amended in 2025
Pillar Cross-border data policies |
Indicator Local storage requirement
Companies Ordinance
Section 374 of the Companies Ordinance requires a company to maintain its accounting records either at its registered office or at another location determined by the directors, ensuring that they remain accessible to the directors at all times without charge. Where such records are kept outside Hong Kong, the corresponding accounts and returns relating to the business concerned must be sent to, and preserved at, a place within Hong Kong for the same purpose. Under section 2, company refers to an entity formed and registered under the Ordinance, an existing company, or a re‑domiciled company.
Coverage Horizontal
HONG KONG
Since October 2019, entry into force in June 2020
Pillar Cross-border data policies |
Indicator Conditional flow regime
Circular to Licensed Corporations - Use of external electronic data storage
Hong Kong’s Securities and Futures Commission released a circular in October 2019 that requires banks and other regulated groups to store data locally or ensure that their cloud provider will hand over information on request.
Coverage Financial sector
Sources
- https://web.archive.org/web/20251211185145/https://apps.sfc.hk/edistributionWeb/gateway/EN/circular/intermediaries/supervision/doc?refNo=19EC59
- https://web.archive.org/web/20240223011631/https://itif.org/publications/2022/12/12/the-cost-of-data-localization-policies-in-bangladesh-hong-kong-indonesia-pakistan-and-vietnam/
- https://web.archive.org/web/20230118024402/https://www.reuters.com/article/hongkong-regulators-cloud/hong-kong-regulator-considers-easing-strict-data-storage-rules-sources-idUSL3N2AQ1XA/
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HONG KONG
Signed in March 2019, entry into force in January 2020
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Australia - Hong Kong Free Trade Agreement and associated Investment Agreement
Hong Kong has joined an agreement with binding commitments to open transfers of data across borders: the Australia - Hong Kong Free Trade Agreement and associated Investment Agreement [Art. 11.7(2) and 11.15(1)].
Coverage Horizontal
Sources
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
- https://web.archive.org/web/20260113180125/https://www.dfat.gov.au/trade/agreements/in-force/a-hkfta/a-hkfta-text/Pages/a-hkfta-chapter-11-electronic-commerce
HONG KONG
Since December 1996, last amended in October 2021
Pillar Domestic data policies |
Indicator Framework for data protection
Personal Data (Privacy) Ordinance (Cap. 486)
The Personal Data (Privacy) Ordinance, as amended in 2012 (the PDPO), is the main legislation in Hong Kong which aims to protect the privacy of individuals in relation to personal data and to regulate the collection, holding, processing, or use of personal data based on a set of data protection principles (DPPs).
Coverage Horizontal
HONG KONG
Since April 2014
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the 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, last amended in May 2025
Since April 2012, last amended in June 2022
Since April 2012, last amended in June 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Companies Ordinance (Cap. 622)
Communications Authority Ordinance (Cap. 616)
Communications Authority Ordinance (Cap. 616)
Under the Communications Authority Ordinance and the Companies Ordinance, there are no ownership restrictions for telecommunications, the manufacture 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) |
Indicator 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 August 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator 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
Sources
- https://web.archive.org/web/20231204131905/http://infojustice.org/wp-content/uploads/2015/03/fair-use-handbook-march-2015.pdf
- https://www.elegislation.gov.hk/hk/cap528%402025-08-24T00%3A00%3A00/P2.pdf
- https://web.archive.org/web/20221103042500/https://www.ipd.gov.hk/eng/pub_press/publications/hk.htm#cp7
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HONG KONG
Reported in 2018, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator 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) |
Indicator Adoption of the 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) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Hong Kong has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
HONG KONG
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator 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: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
