GEORGIA
Since September 1999
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
Georgia is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
Sources
GEORGIA
N/A
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)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Georgia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1999.
Coverage Horizontal
HONG KONG
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive framework for consumer protection online
The Trade Descriptions Ordinance (Cap. 362) (TDO) and the Sale of Goods Ordinance (Cap. 26) (SGO) are general consumer protection laws that protect consumers against unfair trade practices. As generic consumer protection laws, TDO and SGO do not specifically address the distant nature of an online transaction. For the pre-purchase stage, TDO and SGO do not contain provisions requiring online retailers to provide information such as contact details, procedures for order cancellation, and goods refund/return policy. Neither do they set out a mandatory cooling-off period, which is the period of time following the conclusion of a contract during which a supplier allows its customers to unilaterally cancel the contract without having to provide a reason. As to the post-purchase stage, there are no standardised goods refund/return policies for online shopping.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230314044513/https://www.elegislation.gov.hk/hk/cap362
- https://web.archive.org/web/20190119171924/https://www.elegislation.gov.hk/hk/cap26
- https://web.archive.org/web/20230425110258/https://www.legco.gov.hk/research-publications/english/essentials-1920ise08-e-consumer-protection.htm
- https://web.archive.org/web/20230624192014/https://www.info.gov.hk/gia/general/202211/16/P2022111600296.htm
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HONG KONG
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Hong Kong has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
HONG KONG
Since 2000
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Hong Kong has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
HONG KONG
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Hong Kong has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
HONG KONG
Since January 1963, last amended in October 2024
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Telecommunications Ordinance (Cap. 106)
According to Section 9 of the Telecommunications Ordinance, any person who wishes to import into Hong Kong any radio transmitting apparatus needs to obtain a permit granted by the Communications Authority, unless holding an unrestricted radio dealer's license.
Coverage Radio transmitting apparatus
Sources
- https://www.elegislation.gov.hk/hk/cap106%21en.pdf
- https://web.archive.org/web/20211026020332/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/LIC/N3HKG21.pdf
- https://web.archive.org/web/20211026020333/https://www.ofca.gov.hk/filemanager/ofca/common/electronic_services/info_note/I187_17_en.pdf
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HONG KONG
Since June 1970, last amended in August 2025
Since January 1972, last amended in July 2025
Since January 1972, last amended in July 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Import and Export Ordinance (Cap. 60)
Import and Export (General) Regulations
Import and Export (General) Regulations
Under s. 6C(1) of the Import and Export Ordinance (Cap. 60), no person may import any article specified in Schedule 1 to the Import and Export (General) Regulations without an import licence. The Import and Export (General) Regulations (Cap. 60A), Schedule 1 (Part 2, item 3) accordingly lists “optical disc mastering and replication equipment” as a controlled product subject to this import licensing requirement.
Coverage Optical disc mastering and replication equipment
HONG KONG
Since January 1963, last amended in October 2024
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Telecommunications Ordinance (Cap. 106)
Under Section 9 of the Telecommunications Ordinance, any person who wishes to export any radio transmitting apparatus from Hong Kong is required to apply for an import or export license granted by the Communications Authority.
Coverage Radio transmitting apparatus
Sources
- https://www.elegislation.gov.hk/hk/cap106%21en.pdf
- https://web.archive.org/web/20211026020332/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/LIC/N3HKG21.pdf
- https://web.archive.org/web/20211026020333/https://www.ofca.gov.hk/filemanager/ofca/common/electronic_services/info_note/I187_17_en.pdf
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HONG KONG
Since June 1970, last amended in August 2025
Since January 1972, last amended in July 2025
Since January 1972, last amended in July 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Import and Export Ordinance (Cap. 60)
Import and Export (General) Regulations
Import and Export (General) Regulations
Under s. 6D(1) of the Import and Export Ordinance (Cap. 60), no person may export any article specified in Schedule 2 to the Import and Export (General) Regulations without an export licence. The Import and Export (General) Regulations (Cap. 60A), Schedule 2 (Part 2, item 3) accordingly lists “optical disc mastering and replication equipment” as a controlled product subject to this export licensing requirement.
Coverage Optical disc mastering and replication equipment
HONG KONG
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Self-declaration of conformity
For a Non-Prescribed Product, which includes: plugs, adaptors, extension units, lamp holders, flexible cords, and unvented thermal storage type electric water heaters, the following are accepted as a certificate of safety compliance:
- A declaration of conformity issued by a 'recognised manufacturer';
- A certificate or test report issued by a 'recognised certification body' (RCB) under registration of EMSD in one of the following: CB test certificates issued by National Certification Bodies participating in the CB Scheme; Endorsed certificates or test reports issued by organisations accredited by the Hong Kong laboratory Accreditation Scheme (HOKLAS) or by the Hong Kong Accreditation Service (HKAS); Endorsed certificates or test reports issued by organisations that have been accredited by those bodies which have mutual recognition agreements with HOKLAS or HKAS.
For a Non-Prescribed Product (i.e., all other electrical products), in addition to the two types of documents stated above, a declaration of conformity (DOC) issued by the product manufacturer will also be accepted as a certificate of safety compliance. Non-prescribed products must comply with the Hong Kong Essential Requirements, which are presumed to be fulfilled if the product complies with relevant IEC standards. A Certificate of Conformity, as described below, or a Declaration of Conformity (DoC) is required to show compliance.
- A declaration of conformity issued by a 'recognised manufacturer';
- A certificate or test report issued by a 'recognised certification body' (RCB) under registration of EMSD in one of the following: CB test certificates issued by National Certification Bodies participating in the CB Scheme; Endorsed certificates or test reports issued by organisations accredited by the Hong Kong laboratory Accreditation Scheme (HOKLAS) or by the Hong Kong Accreditation Service (HKAS); Endorsed certificates or test reports issued by organisations that have been accredited by those bodies which have mutual recognition agreements with HOKLAS or HKAS.
For a Non-Prescribed Product (i.e., all other electrical products), in addition to the two types of documents stated above, a declaration of conformity (DOC) issued by the product manufacturer will also be accepted as a certificate of safety compliance. Non-prescribed products must comply with the Hong Kong Essential Requirements, which are presumed to be fulfilled if the product complies with relevant IEC standards. A Certificate of Conformity, as described below, or a Declaration of Conformity (DoC) is required to show compliance.
Coverage Selected electrical products, including plugs, adaptors, extension units
HONG KONG
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
De minimis threshold
Hong Kong is a free port, meaning no tariffs are charged on the import or export of goods. Therefore, there is no need to implement a de minimis threshold.
Coverage Horizontal
HONG KONG
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Hong Kong's law and jurisprudence. On 31 October 2019, the High Court handed down an interim injunction against the "promotion, encouragement and incitement of the use or threat of violence via Internet-based platform or medium". Subsequently, the High Court amended its injunction to restrain only those who willfully assist others in posting inciting material online. In other words, online service providers (OSPs) are not in breach of the injunction, even if they enable posts to be made on their platforms without knowing the facts or contents of such publications. Furthermore, the injunction does not impose a positive duty on OSPs to search for or filter out unlawful content uploaded by others.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20241111162447/https://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=125435&QS=%2B&TP=JU
- https://web.archive.org/web/20230329005214/https://www.legco.gov.hk/research-publications/english/1920in17-internet-freedom-and-regulation-in-selected-places-20200716-e.pdf
HONG KONG
Since June 2021, entry into force in September 2021, last amended in June 2022
Pillar Intermediary liability |
Indicator User identity requirement
Telecommunications (Registration of SIM Cards) Regulation (2021)
The Telecommunications (Registration of SIM Cards) Regulation came into effect in September 2021 to implement the Real-name Registration Programme for Subscriber Identification Module (SIM) Cards. According to Art. 5 of the Regulation, telecommunications operators must not activate SIM cards unless users have registered their personal data, including their full name in English and Chinese, HKID number or other identity document number, a copy of their identity document and date of birth.
Coverage Telecommunications service providers
HONG KONG
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator 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 by express and implied contract terms. 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
Sources
- https://web.archive.org/web/20241111161626/https://www.twobirds.com/en/insights/2020/hong-kong/implementation-of-the-trade-secret-directive-an-update-from-hong-kong
- https://web.archive.org/web/20250425011149/https://www.ipd.gov.hk/en/ip-overview/trade-secrets/index.html
- https://web.archive.org/web/20250712095026/https://cms.law/en/int/expert-guides/cms-expert-guide-to-trade-secrets/hong-kong
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