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Trading restrictions

HONG KONG

Since September 2016

Chapter Quantitative Trade Restrictions  |  Sub-chapter Import restrictions
Non-automatic import license
In September 2016, Hong Kong began requiring licensing for the import and export of optical disc mastering and replication equipment.
Coverage Optical disc mastering and replication equipment
Trading restrictions

HONG KONG

Since September 2016

Chapter Quantitative Trade Restrictions  |  Sub-chapter Import restrictions
Import permit
In September 2016, Hong Kong began requiring permits for the import and export of radio transmitting apparatus. This permit is issued by the Communications Authority, but is not necessary for holders of Radio Dealer Licences.
Coverage Radio transmitting apparatus
Trading restrictions

HONG KONG

Since November 2011 and May 2013

Chapter Quantitative Trade Restrictions  |  Sub-chapter Import restrictions
Import ban
In November 2011, radio jammers that cause radio interference to existing services were banned from importation unless they are for subsequent re-export.

In May 2013, Personal Handy Phone System (PHS) radiocommunications apparatus operating within 1895–1906.1 MHz were also banned, except for re-export. This measure aims to vacate the radio band for other mobile radio-communications services. The authorities note that imports and exports of other radio-transmitting apparatus are not affected.
Coverage Radio jammers that cause radio interference to existing services, Personal Handy Phone System (PHS) radiocommunications apparatus operating within 1895–1906.1 MHz
Source
  • WTO TRADE POLICY REVIEW REPORT BY THE SECRETARIAT, Hong Kong, China, Document WT/TPR/S/306/Rev.1, 28 January 2015
Restrictions on data

HONG KONG

Reported in 2018

Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
Lack of Safe Harbour framework
There is currently no specific legislation on the issue of intermediary liability. However, bills and proposals are pending before the Legislative Council of Hong Kong. The ‘Safe Harbour’ proposed will be underpinned by a Code of Practice which sets out practical guidelines and procedures for Online Service Providers (OSPs) to follow upon notification of infringement, such as "notice-and-notice" and "notice-and-takedown" procedures.
Coverage Internet intermediaries
Restrictions on data

HONG KONG

Since November 1996

Chapter Data policies  |  Sub-chapter Administrative requirements on data privacy
Personal Data (Privacy) Ordinance (Cap. 486) of 1995, amended in October 2012
The Personal Data (Privacy) Ordinance implicitly requires the appointment of a data protection officer to whom data access and data correction requests can be sent.
Coverage Horizontal
Restrictions on data

HONG KONG

Since November 2015

Chapter Data policies  |  Sub-chapter Personal rights to data privacy
Right to be forgotten
By rejecting on an appeal brought by David Webb against an enforcement notice issued by the Privacy Commissioner for Personal Data requiring Mr. Webb to remove from webb-site.com the names of parties set out in court judgments of matrimonial proceedings published on the Hong Kong judiciary's website over a decade earlier, the Administrative Appeals Board (ABB) has established a precedent for the "right to be forgotten" in Hong Kong. The decision has been based on the Data Protection Principle 3 of the Personal Data (Privacy) Ordinance, which concerns the original purpose for which personal data was collected.
Coverage Horizontal
Establishment restrictions

HONG KONG

Reported in 2018

Chapter Business mobility  |  Sub-chapter Other restrictive practices related to business mobility
Immigration Guidelines for Entry to the Hong Kong
There are no official labour market tests conducted by the Ministry, but there are general guidelines to be respected. These guidelines require that:
- there must be a genuine job vacancy or;
- the applicant must have a confirmed offer of employment and the vacancy must be relevant to his/her academic qualifications.
Coverage Horizontal
Establishment restrictions

HONG KONG

Since 2007

Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Copyright Ordinance Chapter 528
The Copyright Ordinance Chapter 528 includes provisions about fair dealing related to research, private study, criticism, reviews and news reporting. Moreover, it also covers fair dealing for purposes of giving or receiving instruction and for purposes of public administration.
Coverage Horizontal
Establishment restrictions

HONG KONG

Since 1981

Chapter Intellectual Property Rights  |  Sub-chapter Patents
Patent Cooperation Treaty

Paris Convention for the Protection of Industrial Property
The country is neither a member of Patent Cooperation Treaty (PCT) nor is bound by the Paris Convention for the Protection of Industrial Property, main multilateral conventions and treaties for the protection and enforcement of IPRs. However, PCT application designating China is recognised by Hong Kong and thus the patent is protected also in Hong Kong.
Coverage Horizontal
Fiscal Restrictions

HONG KONG

Since April 2014

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
WTO Government Procurement Agreement (GPA)
Although Hong Kong is a signatory to the WTO Government Procurement Agreement (GPA), its coverage schedules do not include "computer related services" (CPC 84), wich is an important service sector for digital trade.
Coverage Selected sectors
Trading restrictions

CHILE

Since 2013

Chapter Online sales and transactions  |  Sub-chapter Domain name (DNS) registration requirements
Reglamentación para el funcionamiento del Registro de Nombres del Dominio .CL
According to the regulations, foreigners are allowed to register for a .cl domain, but they need to have an administrative contact in the country.
Coverage Horizontal
Trading restrictions

CHILE

Reported in March 2018

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
De minimis rule
According to Chile's de minimis rule goods with a value of up to 20 SDR / 30 USD are exempted from taxes and duties collected by customs.
Coverage Horizontal
Trading restrictions

CHILE


Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
The E-signature Law
"Sobre Documentos Electronicos, Firma Electronica y Servicios de Certificacion de Dicha Firma"
The e-signature law recognises two electronic signatures, the electronic signature and the advanced electronic signature. Contracts can be signed using e-signatures. Advanced e-signatures must be certified by a registered third party. Further, the law provides that contracts by electronic signatures are equally valid handwritten paper ones.
Trading restrictions

CHILE

Reported in 2018

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
UNCITRAL model law on e-commerce or e-signatures
Chile has not adopted UNCITRAL model law on e-commerce or e-signatures.
Coverage Horizontal
Trading restrictions

CHILE

Since 1986

Chapter Standards  |  Sub-chapter Product screening and testing requirements
Supreme Decree No. 399
Testing and certification for electrical products has to be done in Chile by an accredited and recognized testing laboratory. The process is controlled by the Superintendence of Electricity and Combustion (SEC).
Coverage Electrical products