CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - CHAPTER 316N CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - LONG TITLE Empowering section (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 316 section 11) [29 April 1994] (L.N. 241 of 1994) CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SECT 1 (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SECT 1 Interpretation VerDate:30/06/1997 (1) In this Order, unless the context otherwise requires- "external investments" (外來投資) means investments by external investors; "external investor" (外來投資者) means a person who is- (a) deemed to hold a direct interest in a non-manufacturing undertaking by virtue of subsection (2); and (b) is a non-resident person; "hold" (持有), in relation to any voting share capital, means hold as registered owner; "holding company" (控股公司) means a body corporate whose business consists wholly of holding of investments; "manufacturing activity" (製造業活動) means any of the following- (a) the manufacturing, processing, assembling, altering, cleaning, repairing, ornamenting, packing, printing, publishing, finishing or breaking up of any article or material; (b) the fabricating or repairing of industrial, commercial or similar machinery or equipment; and (c) the manufacturing, renovating or repairing of transport equipment; (L.N. 155 of 1995) "non-manufacturing undertaking" (非製造業經營) means an undertaking, by way of business, in Hong Kong other than one engaged in manufacturing activity; (L.N. 155 of 1995) "non-resident person" (非居港的人) means- (a) a body corporate having its- (i) principal place of business; (ii) principal place of productive operations; or (iii) place of incorporation, outside Hong Kong; or (b) any other person who domiciles outside Hong Kong; "productive operations" (生產作業) means operations, processes or activities- (a) which directly result in goods or services available for sale; or (b) based on the results of which other goods or services are made available for sale; "survey" (調查) means the statistical survey referred to in section 2; "survey period" (調查期) means the survey period specified in section 5; "voting share capital" (有表決權股本) means the share capital in a body corporate which entitles the person who holds the capital to vote at meetings of shareholders of the body corporate. (L.N. 155 of 1995) (2) A person ("the relevant person") shall be deemed to hold a direct interest in a non-manufacturing undertaking- (a) where the undertaking is being carried on by a body corporate, if- (i) the relevant person (excluding any holding company) holds not less than 10% of the voting share capital of the body corporate; or (ii) a holding company holds not less than 10% of the voting share capital of the body corporate and the result of the multiplication of- (A) the percentage of the voting share capital of the body corporate held by the holding company; with (B) the percentage of the voting share capital of the holding company held by the relevant person, is not less than 10%; (b) where the undertaking is being carried on by any other person, if- (i) the relevant person (excluding any holding company) has contributed not less than 10% of the capital of the undertaking; or (ii) a holding company has contributed not less than 10% of the capital of the undertaking and the result of the multiplication of- (A) the percentage of the capital of the undertaking contributed by the holding company; with (B) the percentage of the voting share capital of the holding company held by the relevant person, is not less than 10%. "external investments" (外來投資) "external investor" (外來投資者) "hold" (持有) "holding company" (控股公司) "manufacturing activity" (製造業活動) "non-manufacturing undertaking" (非製造業經營) "non-resident person" (非居港的人) "productive operations" (生產作業) "survey" (調查) "survey period" (調查期) "voting share capital" (有表決權股本) CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SECT 2 (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SECT 2 Annual survey of external investments in non-manufacturing undertakings VerDate:30/06/1997 A statistical survey shall be carried out by the Commissioner every year in respect of non-manufacturing undertakings for the purpose of compiling statistics relating to external investments in the survey period. CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SECT 3 (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SECT 3 Information required to be given VerDate:30/06/1997 For the purpose of a survey carried out in any year, information in respect of the matters specified in the Schedule shall be given in relation to non-manufacturing undertakings for the survey period and shall be furnished to the Commissioner in accordance with such form of questionnaire as the Commissioner may issue for that purpose. CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SECT 4 (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SECT 4 Persons required to give information VerDate:30/06/1997 The information required to be given under section 3 in relation to a non-manufacturing undertaking shall be given- (a) in the case of a non-manufacturing undertaking which is carried on by a body corporate, by a director, secretary or other person concerned in the management of the undertaking; (b) in the case of a non-manufacturing undertaking which is a partnership, by any partner or other person concerned in the management of the undertaking; (c) in any other case, by the proprietor or other person concerned in the management of the undertaking. CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SECT 5 (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SECT 5 The survey period VerDate:30/06/1997 (1) For the purpose of this Order, the survey period in relation to any year in which a survey is carried out under section 2 shall be the calendar year immediately preceding that year or such other period of 12 consecutive months commencing in the calendar year immediately preceding that year and ending not later than 31 March in that year as the Commissioner may specify in any particular case. (2) In this section- "calendar year" (公曆年) means the period of 12 months beginning with the first day of January in any year; "that year" (該年) means the calendar year in which the survey is carried out. "calendar year" (公曆年) "that year" (該年) CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SECT 6 (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SECT 6 Sampling methods may be used VerDate:30/06/1997 The use of sampling methods for the collection of information relevant to the survey is hereby authorized. CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SECT 7 (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SECT 7 Application of Order in certain cases VerDate:30/06/1997 This Order shall apply in relation to a non-manufacturing undertaking notwithstanding that it commenced business after the commencement of a survey period or ceased to carry on business during that period. CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SECT 8 (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SECT 8 Date for destruction of schedules VerDate:30/06/1997 All completed schedules collected or received by census officers for the survey and all copies thereof shall be destroyed not later than 31 July in the third year following the year in which the survey is carried out. CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SCHEDULE SCHEDULE (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL INVESTMENTS IN NON-MANUFACTURING UNDERTAKINGS) ORDER - SCHEDULE SCHEDULE VerDate:30/06/1997 [section 3] MATTERS IN RESPECT OF WHICH INFORMATION IS TO BE GIVEN 1. Name and address of the non-manufacturing undertaking, date of commencement in respect of business operation and external investment. 2. Type of ownership. 3. Particulars of business premises. 4. Number of employees, by type and by function. 5. Type of business activity. 6. Major range of services or products provided and their respective shares in total income or sales value. 7. Income by country of market distribution and their respective shares in total income. 8. Acquisitions, disposals, original cost and book value of fixed assets, by type. 9. Value of working capital, loans, staff training expenditures and research and development expenditures, by type. (L.N. 155 of 1995) 10. Particulars on external investors, including any particulars by virtue of which they are such investors. 11. Particulars of technology transfer from external investors. 12. Business plans in Hong Kong. 13. Opinions on Hong Kong as a location for investment.