Location:
Hong Kong consists of a large group of islands, the most important of which are Kowloon, the Island
of Hong Kong and the New Territory. Hong Kong is also a part of the Chinese mainland. The total area is approximately
400 square miles. From 1842 to 1997, Hong Kong was a British Crown Colony. Much of Hong Kong was leased by Britain from China
in 1898 for a period of 99 years. The leased area included 235 islands
and all the land north of Boundary Street in Kowloon up to the Chinese
border.
Language: The
official languages are English and Chinese. English is widely used in the
commercial and political sectors, and Cantonese Chinese is used in domestic trade
and industry.
Population:
Hong Kong is one of the most densely populated areas in the world. The
population is approximately 6 million, most of whom are of Chinese origin.
Political System:
Hong Kong became a Special Administrative Region of the People's Republic of China on July 1, 1997, after a century and a half of British administration. Under Hong Kong's constitutional document, the Basic Law, the existing economic, legal and social system will be maintained for 50 years.
Under the Joint Declaration that was made between the British and Chinese governments in 1984, the following will remain unaltered for 50 years:
A local government will continue,
and it will have full authority with regard to executive, legislative and
judicial matters;
The legal, social and economic
systems will remain in force;
All forms of property, including
inheritance and ownership by non-Hong Kong citizens, will be respected;
The current economic position,
including the financial markets and the HK$, will continue;
The financial system will remain
independent, and China will not seek to raise any taxes in Hong Kong;
It will remain independent for
customs purposes;
Crown and land leases may be
granted for up to 50 years after 1997;
The freeport will remain.
Legal System:
The principles of England form the basis of the legal system of Hong Kong,
but they have been extended and modified by the application to Hong Kong.
The Judiciary operates independently under the direction of the Chief Justice.
Taxation: Tax
is paid only on income that has its source in Hong Kong; i.e., taxation is
not based on residence. No taxation is levied on income earned outside
Hong Kong, even when remitted to Hong Kong. For example, if a Hong Kong
company's business or trading activities are based outside Hong Kong, no
taxes will be imposed.
Hong Kong companies with
income earned in Hong Kong are taxed at a rate of 16.5% on profits, and
individuals pay a maximum of 15% in taxes on income.
Incorporation:
The most common type of company is a private company limited by shares;
however, there are also companies limited by guarantee or unlimited. A Hong
Kong private company can be incorporated within 15 working days, and ready-made companies are available for immediate use.
Requirements for incorporating
a Hong Kong company are:
The company must have a registered
office address in Hong Kong. The address has to be notified within 28 days
after the incorporation, to the Registrar of Companies.
There must be at least two directors,
individuals or corporations, who may be of any nationality.
The company secretary must be
an individual or company resident in Hong Kong.
The minimum number of shareholders
is two, and for a private company the maximum number of shareholders is
50. The shareholders may be individuals or corporations of any nationality.
A Register of Directors and
Secretaries, Shareholders and meetings must be maintained at the registered
office address at all times. Also, the names and addresses of the Directors
and Company Secretary have to be lodged with the Registrar of Companies, and this information is available to the public.
Every company must appoint an
auditor, who has to be a member of the Hong Kong Society of Accountants
and must hold a practicing certificate.
The company must keep accounting
records, and these records may be kept at the registered office address
or elsewhere at the discretion of the directors. There is no requirement
to file accounts with the registrar but with the Tax Authorities.
The company is required to hold
annual meetings: the first meeting within 18 months from the date of incorporation
and then no more than 15 months apart. Meetings of both directors and shareholders
can take place anywhere, unless limitations are stated in the Articles
of Association.
Private companies are not allowed
to issue bearer shares, and the share capital of the company must have a
par value.
The company is not allowed to
invite the general public to buy shares or debentures; it is not permitted
to purchase its own shares; and the company may not give financial assistance
to others to purchase its shares.
A company can use any name unless
it already exists or indicates a connection with the royal family and government.
The name must include the word Limited, and must be in English. It is possible
to reserve names for up to three months
The Articles of Association
govern the internal affairs of the company. The Memorandum of Association
must have at least two subscribers and should include:
The name of the company
The names and addresses of the
subscribers
The liability of its members
The objects of the company
The different classes of shares
The share capital and the currency
in which the shares are to be issued
Special Features:
Hong Kong is the leading Southeast Asian center for both finance and commerce, and it is ranked as the
world's third largest financial center after London and New York. There
are more than 160 licensed banks and 128 foreign banks represented
in Hong Kong.
Hong Kong has excellent telecommunication
systems that enable international direct dialing to more than 200 centers.
The port facilities are the most modern in the world, and the airport is
served by most international airlines.
Hong Kong is a taxation paradise
for companies who wish to base themselves in Hong Kong with foreign earnings,
because the principle of taxation is based on source income and not on residence.
Summary: Following
are some of the advantages of selecting Hong Kong as a financial center:
Immediate company availability
An established international
banking system
Sophisticated company law
Excellent commercial and communication
infrastructure
No disclosure of beneficial
owner
Exempt from taxes on foreign
source income
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