CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) ORDER - CHAPTER 316O CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) ORDER - LONG TITLE Empowering section (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) ORDER - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 316 section 11) [3 June 1994] (L.N. 341 of 1994) CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) ORDER - SECT 1 (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) ORDER - SECT 1 Interpretation VerDate:30/06/1997 (1) In this Order, unless the context otherwise requires- "banking business" (銀行業務) means an authorized institution within the meaning of the Banking Ordinance (Cap 155); "business undertaking" (商業經營) means an undertaking carrying on any business with or without a view to profit and includes any such undertaking carried on by the Government or a statutory corporation; "custodian business" (保管人業務) means a business undertaking carrying on any of the following businesses- (a) any business which holds itself out as nominee business; (b) trustee business; (c) business of providing nominee accounts to clients or investors and making investments on behalf of clients or investors and includes the safekeeping, managing, controlling or taking custody of stocks, shares and debt securities and other assets in the name of- (i) the nominee on trust for his clients; (ii) the investor for the investor; "external factor income flows" (對外要素收益流動) means- (a) the inflow to Hong Kong of any income or benefits, whether in cash or in kind, arising in or derived from - (i) any investment in any place outside Hong Kong by any resident person; (ii) any employment in any place outside Hong Kong of any resident person by a non-resident person; (b) the outflow from Hong Kong of any income or benefits, whether in cash or in kind, arising in or derived from- (i) any investment in Hong Kong by any non-resident person; (ii) any employment in Hong Kong of any non-resident person by a resident person; "external transactions" (對外交易) means business transactions between a business undertaking which is a resident person and another business undertaking which is a non-resident person located outside Hong Kong; "foreign parent" (外地主要股東), in relation to a business undertaking which is a resident person, means a non-resident person, or a manager or agent acting on behalf of a non-resident person, who- (a) in the case of such an undertaking which is a body corporate having a share capital, is the registered owner of not less than 10% of the voting shares of such undertaking; (b) in the case of any other such undertaking, has contributed, otherwise than by way of a loan, not less than 10% of the capital of such undertaking; "foreign parent group" (外地主要股東集團) means a group of business undertakings which are non-resident persons consisting of- (a) a foreign parent of a business undertaking which is a resident person; (b) all business undertakings which are subsidiaries in accordance with subsection (2) of the foreign parent referred to in paragraph (a); (c) all business undertakings of which the foreign parent referred to in paragraph (a) is a subsidiary in accordance with subsection (2); and (d) all business undertakings which are subsidiaries in accordance with subsection (2) of any of the business undertakings referred to in paragraph (c); "fund management business" (基金管理業務) means any of the following businesses- (a) fund manager or any person who holds itself out as a fund manager which manages investment portfolios, funds and trust on behalf of clients or investors; (b) a group of fund managers; (c) investment services; "investment income" (投資收益) means any of the following- (a) distributed dividends; (b) share of undistributed profits; (c) rental income; (d) interest income; (e) discounts and premiums earned from transactions in debt securities; "labour income" (勞工收益) means any income or benefits arising in or derived from any office or employment, whether in cash or in kind, and includes any contributions paid by an employer on behalf of an employee in respect of any social security scheme, private insurance, pension funds and termination payments; "local enterprise group" (本地企業集團) means a group of business undertakings which are resident persons where each such undertaking- (a) has not less than 1 other such undertaking as a subsidiary; (b) is a subsidiary in accordance with subsection (2) of not less than 1 other such undertaking; or (c) has the same foreign parent as that of not less than 1 other such undertaking; "non-resident person" (非居港的人) means a person other than a resident person; "participating interest" (參與權益) means an interest- (a) held by a business undertaking in any other business undertaking; and (b) consisting of- (i) not less than 10% of the voting shares; or (ii) a contribution, otherwise than by way of a loan, of not less than 10% of the capital, of that second-mentioned undertaking; "productive operation" (生產作業) means an operation, process or activity- (a) which directly results in goods or services available for sale; or (b) based on the results of which other goods or services are made available for sale; "reporting business undertaking" (申報資料的商業經營) means any business undertaking referred to in section 4; "resident person" (居港的人) means- (a) an individual- (i) who, in the 2 year's period comprising 12 months before and after the last day of the survey period, has resided in Hong Kong for not less than 12 months; or (ii) in respect of whom, in the opinion of the Commissioner, reasonable grounds exist for believing that he will have stayed in Hong Kong for at least 12 months by the end of that 2 year's period; (b) a business undertaking having a productive operation located in Hong Kong; (c) a business undertaking- (i) having no productive operation located in or outside Hong Kong; and (ii) having, and only having, its place of incorporation or business registration in Hong Kong; "share registration business" (股份登記業務) means any of the following businesses- (a) any company which holds itself out as a share registration company; (b) any business undertaking which carries on the business of handling the registration of shareholders and distribution of dividends to shareholders on behalf of companies whose shares are listed on any stock exchange (including the Unified Exchange); "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(1); "Unified Exchange" (聯合交易所) means the Unified Exchange within the meaning of the Stock Exchanges Unification Ordinance (Cap 361); "voting shares" (有表決權股份) in relation to a body corporate having a share capital, means the shares which entitle the registered owner thereof to vote at meetings of shareholders of the body corporate. (2) For the purposes of the definitions of "foreign parent group" and "local enterprise group", a person (howsoever described in those definitions) is a subsidiary of another person (howsoever described in those definitions) if, and only if- (a) that second-mentioned person has more than 50% of the equity of that first-mentioned person; or (b) that first-mentioned person belongs to a series of 2 or more persons in respect of which- (i) each person in the series has more than 50% of the equity of the person immediately following it in the series; and (ii) that second-mentioned person has more than 50% of the equity of the first person in the series. "banking business" (銀行業務) "business undertaking" (商業經營) "custodian business" (保管人業務) "external factor income flows" (對外要素收益流動) "external transactions" (對外交易) "foreign parent" (外地主要股東) "foreign parent group" (外地主要股東集團) "fund management business" (基金管理業務) "investment income" (投資收益) "labour income" (勞工收益) "local enterprise group" (本地企業集團) "non-resident person" (非居港的人) "participating interest" (參與權益) "productive operation" (生產作業) "reporting business undertaking" (申報資料的商業經營) "resident person" (居港的人) "share registration business" (股份登記業務) "survey" (調查) "survey period" (調查期) "Unified Exchange" (聯合交易所) "voting shares" (有表決權股份) CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) ORDER - SECT 2 (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) ORDER - SECT 2 Survey of external factor income flows VerDate:30/06/1997 A statistical survey shall be carried out by the Commissioner every year in respect of business undertakings which are resident persons for the purpose of compiling statistics relating to external factor income flows in the survey period. CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) ORDER - SECT 3 (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) 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 business undertakings (whether they are resident or non-resident persons) 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 and within such period as he may therein specify. CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) ORDER - SECT 4 (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) ORDER - SECT 4 Persons required to give information VerDate:30/06/1997 The information required to be given under section 3 shall be given - (a) by a director, secretary or other person concerned in the management of a body corporate which is a business undertaking and a resident person; (b) by any partner of a partnership which is a business undertaking and a resident person; and (c) by a proprietor of any other business undertaking which is a resident person. CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) ORDER - SECT 5 (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) 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 shall be the calendar year immediately preceding that year or such other period of 12 consecutive months commencing not earlier than 1 July of the year preceding that calendar year and ending not later than 31 March in the year following that calendar year as the Commissioner may specify in any particular case. (2) Where, but for this subsection, any reference day referred to in this Order would not be a day within the survey period then, by virtue of this subsection, such reference day shall be deemed to be a day within the survey period, and the provisions of this Order (including the definition of "survey period") shall be construed accordingly. CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) ORDER - SECT 6 (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) 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 FACTOR INCOME FLOWS) ORDER - SECT 7 (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) ORDER - SECT 7 Application of order in certain cases VerDate:30/06/1997 This Order shall apply in relation to a business 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 FACTOR INCOME FLOWS) ORDER - SECT 8 (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) ORDER - SECT 8 Date for destruction of schedules VerDate:30/06/1997 All completed schedules collected or received by census officers for a survey and all copies thereof shall be destroyed not later than 48 months after the relevant survey period. CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) ORDER - SCHEDULE SCHEDULE (Repealed L.N. 36 of 1999) VerDate:05/02/1999 CENSUS AND STATISTICS (ANNUAL SURVEY OF EXTERNAL FACTOR INCOME FLOWS) ORDER - SCHEDULE SCHEDULE VerDate:30/06/1997 [section 3] MATTERS IN RESPECT OF WHICH INFORMATION IS REQUIRED TO BE GIVEN A. All Business Undertakings 1. Name, address, place of incorporation or registration, business registration number, type of ownership, nature of business, nature of external transactions and investment activities, and sales revenue of each of the business undertakings in the local enterprise group which includes the reporting business undertaking. 2. Percentage of equity ownership of the reporting business undertaking, and other business undertaking in the same local enterprise group which includes the reporting business undertaking- (a) in the case of such an undertaking which is a body corporate having a share capital, percentage of shareholdings owned by place of residence of persons who are each a registered owner of not less than 10% of the voting shares of such undertaking; (b) in the case of any other such undertaking, percentage of equity ownership by place of residence of persons who each have contributed, otherwise than by way of a loan, not less than 10% of the capital of such undertaking. 3. Name, address, place of incorporation, place of business registration and nature of business of each of the business undertakings in the foreign parent group in relation to the reporting business undertaking, and in the foreign parent groups in relation to other business undertakings in the same local enterprise group which includes the reporting business undertaking. 4. Name, address, place of incorporation, place of business registration and nature of business of each of the business undertakings- (a) which acts as manager or agent on behalf of the reporting business undertaking, or on behalf of each of other business undertakings in the same local enterprise group which includes the reporting business undertaking, in conducting external transactions; or (b) which through the connections of which the reporting business undertaking, or other business undertakings in the same local enterprise group which includes the reporting business undertaking, conducts external transactions. 5. Name, address, place of incorporation, place of business registration and nature of business of each of the business undertakings located outside Hong Kong in which the reporting business undertaking, or other business undertakings in the same local enterprise group which includes the reporting business undertaking, has a participating interest. B. Banking Business For the local enterprise group, and for each business undertaking therein, which includes the reporting business undertaking- 1. Investment income earned from and paid to any person outside Hong Kong, other than those collected or paid through any agent in Hong Kong. 2. Investment income earned on behalf of other persons who are identified by place of residence from and paid to persons outside Hong Kong. 3. Average position of assets outside Hong Kong and average interest rate applicable to those assets. 4. Average position of liabilities outside Hong Kong and average interest rate applicable to those liabilities. 5. Labour income paid to employees thereof who principally work for the reporting business undertaking in Hong Kong and who are non-resident persons. C. Fund Management Business For the local enterprise group, and for each business undertaking therein, which includes the reporting business undertaking- 1. Investment income earned from and paid to any person outside Hong Kong, other than those collected or paid through any agent in Hong Kong. 2. Investment income earned on behalf of other persons who are identified by place of residence from and paid to persons outside Hong Kong. 3. For funds, portfolios and trusts owned by other persons who are identified by place of residence, but managed by the reporting business undertaking- (a) the value of holdings on a reference day specified by the Commissioner within the survey period of each of the shares issued by business undertakings which are non-resident persons, only the shares being listed on the Unified Exchange; (b) the value of holdings on a reference day specified by the Commissioner within the survey period of each type of debt securities issued by resident persons; (c) the average yield for each type of securities reported in C3(b); (d) the value of holdings on a reference day specified by the Commissioner within the survey period of each type of shares issued by business undertakings which are non-resident persons, only the shares being listed on stock exchanges outside Hong Kong; (e) the average dividend yield for each type of shares reported in C3(d); (f) the value of holdings on a reference day specified by the Commissioner within the survey period of each of the shares issued by business undertakings which are resident persons; (g) the value of holdings on a reference day specified by the Commissioner within the survey period of each type of debt securities issued by non-resident persons; (h) the average yield for each type of securities reported in C(3)(g). 4. Labour income paid to employees thereof who principally work for the reporting business undertaking in Hong Kong and who are non-resident persons. D. Custodian Business For the local enterprise group, and for each business undertaking therein, which includes the reporting business undertaking- 1. Investment income earned from and paid to any person outside Hong Kong, other than those collected or paid through any agent in Hong Kong. 2. On behalf of other persons with addresses outside Hong Kong for correspondence- (a) the value of holdings on a reference day specified by the Commissioner within the survey period of each of the shares which are listed on the Unified Exchange; (b) the value of holdings on a reference day specified by the Commissioner within the survey period of each type of debt securities issued by resident persons; (c) the average yield for each type of securities reported in D(2)(b). 3. On behalf of other persons with addresses in Hong Kong for correspondence- (a) the value of holdings on a reference day specified by the Commissioner within the survey period of each type of shares issued by business undertakings which are non-resident persons, only the shares being listed on stock exchanges outside Hong Kong; (b) the average dividend yield for each type of shares reported in D(3)(a); (c) the value of holdings on a reference day specified by the Commissioner within the survey period of each type of debt securities issued by non-resident persons; (d) the average yield for each type of securities reported in D(3)(c). 4. Labour income paid to employees thereof who principally work for the reporting business undertaking in Hong Kong and who are non-resident persons. E. Share Registration Business For the local enterprise group, and for each business undertaking therein, which includes the reporting business undertaking- 1. Name and address of companies listed on the Unified Exchange the share registration matters of which are handled by the reporting business undertaking. 2. Investment income earned from and paid to any person outside Hong Kong, other than those collected or paid through any agent in Hong Kong. 3. Investment income earned on behalf of other persons who are identified by place of residence from and paid to persons from outside Hong Kong. 4. On behalf of other business undertakings who are non-resident persons having a share capital, investment income paid to shareholders with local registered addresses. 5. On behalf of other business undertakings who are resident persons having a share capital, investment income paid to shareholders with registered addresses outside Hong Kong. 6. Labour income paid to employees thereof who principally work for the reporting business undertaking in Hong Kong and who are non-resident persons. F. Business Undertakings other than Banking Business, Fund Management Business, Custodian Business and Share Registration Business For the local enterprise group, and for each business undertaking therein, which includes the reporting business undertaking- 1. Investment income earned from and paid to any person outside Hong Kong, other than those collected or paid through any agent in Hong Kong. 2. Investment income earned on behalf of other persons who are identified by place of residence from and paid to persons from outside Hong Kong. 3. Labour income paid to employees thereof who principally work for the reporting business undertaking in Hong Kong and who are non-resident persons.