Hong Kong’s trade agreements

A free port with nothing to liberalise at home — and CEPA, which is where the value actually is

Briefing note No.17 · 1 September 2026 · Hong Kong

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Hong Kong levies no customs duty on anything. Four commodities carry excise — liquor, tobacco, hydrocarbon oil and methyl alcohol — and they are taxed the same whatever their origin. It follows that none of Hong Kong’s nine free-trade agreements reduces the cost of bringing goods in: there is no tariff to reduce. Their value runs outward, and it is of three kinds — preferential entry for Hong Kong-origin goods into partner markets, market access and national treatment for Hong Kong service suppliers, and investment protection for Hong Kong companies operating abroad. One agreement is the exception that carries most of the commercial weight, because the counterparty does levy duty: CEPA, with the Mainland.

Nilimport tariff, on every tariff line
153/160services sub-sectors the Mainland has opened under CEPA
9free-trade agreements, the ninth in force since 1 September 2026
24investment promotion and protection agreements in force

CEPA

The Closer Economic Partnership Arrangement was signed on 29 June 2003 and took effect on 1 January 2004 — the first free-trade agreement either the Mainland or Hong Kong had ever concluded. It is not a single instrument but a family, built up over twenty years.

ComponentSignedIn force
Main text and annexes29 June 20031 January 2004
Supplements I to X2004–2013, annuallysuccessively
Basic liberalisation of trade in services in Guangdong8 December 20141 March 2015
Agreement on Trade in Services27 November 20151 June 2016
Investment Agreement28 June 20171 January 2018
Economic and Technical Cooperation Agreement28 June 2017on signature
Agreement on Trade in Goods14 December 20181 January 2019
First amendment to the services agreement21 November 20191 June 2020
Second amendment to the services agreement9 October 20241 March 2025
The three-year rule is gone — the change most worth knowing

Until March 2025 a Hong Kong service supplier had to demonstrate three years of substantive business operations in Hong Kong before it could claim CEPA treatment on the Mainland. The second amendment removed that requirement across most sectors with effect from 1 March 2025.

For a European group this is a real acceleration of the standard structure. A newly incorporated Hong Kong subsidiary can now be put to work on the Mainland without waiting out a qualifying period — which used to be the argument for buying a shelf company with history, a practice that carried its own problems.

The same amendment also permits Hong Kong-invested enterprises on the Mainland to choose Hong Kong law and Hong Kong-seated arbitration in their contracts. To a European parent that usually matters more than any tariff line.

CEPA in practiceWhat applies
GoodsSince 1 January 2006, all goods of Hong Kong origin meeting the CEPA rules of origin enter the Mainland free of duty. The exceptions are goods prohibited under Mainland law, goods prohibited under treaties the Mainland implements, and products covered by its special commitments elsewhere.
ServicesThe Mainland has fully or partly opened 153 of the 160 WTO services sub-sectors — 96 % — the widest opening it has granted any economy.
OriginWholly obtained in Hong Kong; or made exclusively from originating materials; or meeting the product-specific rule, or a value-content test of 30 % build-up or 40 % build-down.
CertificationA Certificate of Hong Kong Origin (CEPA), issued by the Trade and Industry Department or one of five approved certification bodies. Manufacturers must hold factory registration first. There is no self-certification — unlike the newer agreements, this remains a certification-body regime.
What it has been worthCumulative duty saved on Hong Kong-origin goods entering the Mainland had passed RMB 10.2 billion by the end of 2024; close to two thousand companies hold Hong Kong service-supplier status.
Clearance in the Greater Bay AreaThe single e-lock scheme covers more than a thousand routes across 56 crossing points, with mutual recognition of authorised economic operators. Guangdong Customs added twenty further measures in May 2026, including a single filing serving both declarations.

Hong Kong’s own agreements

Hong Kong is a member of the World Trade Organization in its own right and negotiates its own treaties as a separate customs territory. Nine agreements have been signed, and all nine are now in force.

PartnerSignedIn forceNote
Mainland China29 Jun 20031 Jan 2004CEPA, above
New Zealand29 Mar 20101 Jan 2011Closer economic partnership
EFTA21 Jun 20111 Oct 2012Iceland, Liechtenstein, Switzerland; Norway from 1 Nov 2012
Chile7 Sep 20129 Oct 2014 
Macao27 Oct 201727 Oct 2017Liberalisation measures from 1 Jan 2018
Georgia28 Jun 201813 Feb 2019 
ASEAN12 Nov 2017from 11 Jun 2019Fully in force 12 Feb 2021, with a separate investment agreement
Australia26 Mar 201917 Jan 2020Investment agreement of the same date
Peru15 Nov 20241 Sep 2026The newest of the nine
Hong Kong is not in RCEP, and no date has been given

Hong Kong applied to join RCEP immediately after it entered into force on 1 January 2022. It has the Central People’s Government’s support and, on the Government’s own account, unanimous backing from the ASEAN members. The RCEP Joint Committee adopted accession procedures in September 2024 — which is the machinery, not the decision.

As at the date of this note Hong Kong is not a member, and the Government has declined to publish a work plan or a target date. Any structure whose economics depend on Hong Kong being inside RCEP is depending on something that has not happened and has no announced timetable.

Investment protection, and the treaty network

Twenty-four investment promotion and protection agreements are in force. Ten cover European countries — Austria, the Belgium–Luxembourg Economic Union, Denmark, Finland, France, Germany, Italy, the Netherlands, Sweden and Switzerland — plus the United Kingdom, and Türkiye since 4 February 2026. Bahrain entered into force in March 2025.

Check your own member state before the structure is fixed

Spain, Portugal, Ireland and Poland have no investment agreement with Hong Kong, and neither do most other European Union members outside the ten listed. Protection follows the jurisdiction of the investor, not the location of the investment: two European groups with identical Hong Kong subsidiaries can have entirely different recourse. It is a five-minute check that occasionally changes where the holding company goes.

On tax, close to sixty comprehensive double taxation agreements have been signed, of which the majority are in force. Norway signed in December 2025; the Türkiye treaty entered into force in January 2026. Several signed in 2025 and 2026 — Kyrgyzstan, Barbados, Cyprus, Nigeria, Rwanda, Jordan, the Maldives — are still awaiting entry into force. Check the status of the specific treaty rather than the headline count: signature and force are years apart in this network.

The substance question, which is where the risk has moved

The commercial case for a Hong Kong entity in a Mainland structure has not changed. What has changed is the standard of proof.

WhereWhat is now tested
At the Mainland end
withholding tax on dividends
The reduced 5 % rate on dividends paid to a Hong Kong parent, instead of the standard 10 %, depends on a beneficial-owner test. The authorities look past the paperwork to conduct: board decision-making, staff and their qualifications, premises, operating expenditure, and whether the Hong Kong entity carries real functions and risks. A company obliged to pass most of its income onward within twelve months, with a single passive director and no staff, is the textbook adverse case — and enforcement in this area has tightened rather than eased.
At the Hong Kong end
foreign-sourced income exemption
Hong Kong’s own regime imposes an economic substance test on multinational groups claiming the territorial exemption on foreign dividends, interest, intellectual-property income and, since 1 January 2024, disposal gains. A pure equity-holding entity faces a lighter test — adequate human resources and premises; other entities need qualified staff and operating expenditure commensurate with the income and the risk. Outsourcing within the group is permitted, provided it is real and monitored.
Under CEPAHere the movement is the other way: the three-year operating requirement for service suppliers was removed in March 2025. Access to CEPA has become easier at precisely the moment that tax substance became harder. The two should not be confused — qualifying for CEPA does not qualify the entity as a beneficial owner.

What we check on a file

We separate the three benefits before anything else, because they answer to different tests: duty-free entry into the Mainland turns on the CEPA origin rules and the factory registration behind them; services access turns on Hong Kong service-supplier status, now obtainable without waiting three years; and treaty relief on dividends turns on beneficial ownership, which no certificate confers. We check which investment treaty covers the parent’s own jurisdiction, since a third of the European Union is not covered. We read the specific tax treaty’s status rather than the network’s size. And we plan the Hong Kong entity’s substance at the outset — board, staff, premises, expenditure — because it is far cheaper to build than to reconstruct when an assessment arrives.

Sources. Hong Kong Trade and Industry Department — CEPA overview and legal text, the component agreements and their dates, trade in goods, rules of origin and the approved certification bodies, free trade agreements, investment promotion and protection agreements · Information note on the Second Agreement Concerning Amendment to the CEPA Agreement on Trade in Services, signed 9 October 2024, implemented 1 March 2025 · Hong Kong Customs and Excise Department, dutiable commodities · Commerce and Economic Development Bureau, Legislative Council written reply on RCEP accession, 15 January 2025 · RCEP Joint Committee, adoption of accession procedures, September 2024 · Inland Revenue Department, comprehensive double taxation agreements concluded, and foreign-sourced income exemption · State Taxation Administration Announcement No. 9 (2018) on beneficial ownership · Guangdong Customs, Greater Bay Area clearance facilitation measures, May 2026.
This note describes the general framework as at September 2026 — the substance was verified through August, and revised on 1 September for the entry into force of the Peru agreement — and is not legal or tax advice. Two figures move on their own and should be re-checked before they are relied on: the number of double taxation agreements in force, where signature and entry into force are years apart, and the tariff schedules under the Peru agreement, in force only since 1 September 2026 and not yet tested in practice. Confirm the treaty, the origin rule and the substance position before filing. Lo On Shing Consultants Limited · 806 Capitol Centre, 5–19 Jardine’s Bazaar, Causeway Bay, Hong Kong SAR · info@loonshing-consultants.hk