65314 Economy Profile: Hong Kong SAR, China © 2012 The International Bank for Reconstruction and Development / The World Bank 1818 H Street NW Washington, DC 20433 Telephone 202-473-1000 Internet www.worldbank.org All rights reserved. 1 2 3 4 08 07 06 05 A copublication of The World Bank and the International Finance Corporation. This volume is a product of the staff of the World Bank Group. The findings, interpretations and conclusions expressed in this volume do not necessarily reflect the views of the Executive Directors of the World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. Rights and Permissions The material in this publication is copyrighted. Copying and/or transmitting portions or all of this work without permission may be a violation of applicable law. The World Bank encourages dissemination of its work and will normally grant permission to reproduce portions of the work promptly. 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ISBN: 978-0-8213-8833-4 E-ISBN: 978-0-8213-8834-1 DOI: 10.1596/978-0-8213-8833-4 ISSN: 1729-2638 Printed in the United States Doing Business 2012 Hong Kong SAR, China 3 CONTENTS Introduction .................................................................................................................................. 4 The business environment .......................................................................................................... 5 Starting a business ..................................................................................................................... 14 Dealing with construction permits ........................................................................................... 23 Getting electricity ....................................................................................................................... 33 Registering property .................................................................................................................. 41 Getting credit .............................................................................................................................. 51 Protecting investors ................................................................................................................... 58 Paying taxes ................................................................................................................................ 68 Trading across borders .............................................................................................................. 75 Enforcing contracts .................................................................................................................... 84 Resolving insolvency .................................................................................................................. 91 Data notes ................................................................................................................................... 97 Resources on the Doing Business website ............................................................................ 102 Doing Business 2012 Hong Kong SAR, China 4 INTRODUCTION Doing Business sheds light on how easy or difficult it is (except for the paying taxes indicators, which cover the for a local entrepreneur to open and run a small to period January–December 2010). medium-size business when complying with relevant The Doing Business methodology has limitations. Other regulations. It measures and tracks changes in areas important to business—such as an economy’s regulations affecting 10 areas in the life cycle of a proximity to large markets, the quality of its business: starting a business, dealing with construction infrastructure services (other than those related to permits, getting electricity, registering property, trading across borders and getting electricity), the getting credit, protecting investors, paying taxes, security of property from theft and looting, the trading across borders, enforcing contracts and transparency of government procurement, resolving insolvency. macroeconomic conditions or the underlying strength In a series of annual reports Doing Business presents of institutions—are not directly studied by Doing quantitative indicators on business regulations and the Business. The indicators refer to a specific type of protection of property rights that can be compared business, generally a local limited liability company across 183 economies, from Afghanistan to Zimbabwe, operating in the largest business city. Because over time. The data set covers 46 economies in Sub- standard assumptions are used in the data collection, Saharan Africa, 32 in Latin America and the Caribbean, comparisons and benchmarks are valid across 24 in East Asia and the Pacific, 24 in Eastern Europe economies. The data not only highlight the extent of and Central Asia, 18 in the Middle East and North obstacles to doing business; they also help identify the Africa and 8 in South Asia, as well as 31 OECD high- source of those obstacles, supporting policy makers in income economies. The indicators are used to analyze designing regulatory reform. economic outcomes and identify what reforms have More information is available in the full report. Doing worked, where and why. Business 2012 presents the indicators, analyzes their This economy profile presents the Doing Business relationship with economic outcomes and indicators for Hong Kong SAR, China. To allow useful recommends regulatory reforms. The data, along with comparison, it also provides data for other selected information on ordering Doing Business 2012, are economies (comparator economies) for each indicator. available on the Doing Business website at The data in this report are current as of June 1, 2011 http://www.doingbusiness.org. Doing Business 2012 Hong Kong SAR, China 5 THE BUSINESS ENVIRONMENT For policy makers trying to improve their economy’s regulatory environment for business, a good place to ECONOMY OVERVIEW start is to find out how it compares with the regulatory environment in other economies. Doing Business provides an aggregate ranking on the ease of doing Region: East Asia & Pacific business based on indicator sets that measure and benchmark regulations applying to domestic small to Income category: High income medium-size businesses through their life cycle. Economies are ranked from 1 to 183 by the ease of Population: 7,041,270 doing business index. For each economy the index is calculated as the ranking on the simple average of its GNI per capita (US$): 32,900.00 percentile rankings on each of the 10 topics included in the index in Doing Business 2012: starting a business, DB2012 rank: 2 dealing with construction permits, getting electricity, registering property, getting credit, protecting DB2011 rank: 2 investors, paying taxes, trading across borders, Change in rank: 0 enforcing contracts and resolving insolvency. The ranking on each topic is the simple average of the percentile rankings on its component indicators (see Note: See the data notes for sources and the data notes for more details). 1 definitions. The aggregate ranking on the ease of doing business benchmarks each economy’s performance on the indicators against that of all other economies in the Doing Business sample (figure 1.1). While this ranking tells much about the business environment in an economy, it does not tell the whole story. The ranking on the ease of doing business, and the underlying indicators, do not measure all aspects of the business environment that matter to firms and investors or that affect the competitiveness of the economy. Still, a high ranking does mean that the government has created a regulatory environment conducive to operating a business. 1 Except for the ease of getting credit, for which the percentile rankings on its component indicators are weighted, the depth of credit information index at 37.5% and the strength of legal rights index at 62.5%. Doing Business 2012 Hong Kong SAR, China 6 THE BUSINESS ENVIRONMENT Figure 1.1 Where economies stand in the global ranking on the ease of doing business Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 7 THE BUSINESS ENVIRONMENT For policy makers, knowing where their economy the regional average (figure 1.2). The economy’s stands in the aggregate ranking on the ease of doing rankings on the topics included in the ease of doing business is useful. Also useful is to know how it ranks business index provide another perspective (figure compared with other economies and compared with 1.3). Figure 1.2 How Hong Kong SAR, China and comparator economies rank on the ease of doing business Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 8 THE BUSINESS ENVIRONMENT Figure 1.3 How Hong Kong SAR, China ranks on Doing Business topics Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 9 THE BUSINESS ENVIRONMENT Just as the overall ranking on the ease of doing This measure shows the distance of each economy to business tells only part of the story, so do changes in the ―frontier,‖ a synthetic measure based on the most that ranking. Yearly movements in rankings can efficient practice or highest score observed for each provide some indication of changes in an economy’s Doing Business indicator across all economies and regulatory environment for firms, but they are always years included in the Doing Business sample since relative. An economy’s ranking might change because 2005. Nine areas of business regulation are covered. of developments in other economies. An economy that Comparing the measure for an economy at 2 points in implemented business regulation reforms may fail to time allows users to assess how much the economy’s rise in the rankings (or may even drop) if it is passed regulatory environment as measured by Doing by others whose business regulation reforms had a Business has changed over time—how far it has moved more significant impact as measured by Doing toward (or away from) the most efficient practices and Business. strongest regulations in areas covered by Doing Moreover, year-to-year changes in the overall rankings Business (figure 1.4). The results may show that the do not reflect how the business regulatory pace of change varies widely across the areas environment in an economy has changed over time— measured. They also may show that an economy is or how it has changed in different areas. To aid in relatively close to the frontier in some areas and assessing such changes, Doing Business 2012 relatively far from it in others. introduces the distance to frontier measure. Figure 1.4 How far has Hong Kong SAR, China come in the areas measured by Doing Business? Distance to frontier, 2005 and 2011 Note: For economies added to the Doing Business sample after 2005, the starting point is the year in which they were added: 2006 for Montenegro; 2007 for Brunei Darussalam, Liberia and Luxembourg; 2008 for The Bahamas, Bahrain and Qatar; and 2009 for Cyprus and Kosovo. See the data notes for more details on the distance to frontier measure. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 10 THE BUSINESS ENVIRONMENT The absolute values of the indicators tell another part business regulation—such as a regulatory process that of the story (table 1.1). The indicators, on their own or can be completed with a small number of procedures in comparison with the indicators of a good practice in a few days and at a low cost. Comparison of the economy or those of comparator economies in the economy’s indicators today with those in the previous region, may reveal bottlenecks reflected in large year may show where substantial bottlenecks persist— numbers of procedures, long delays or high costs. Or and where they are diminishing. they may reveal unexpected strengths in an area of Table 1.1 Summary of Doing Business indicators for Hong Kong SAR, China Best performer globally Hong Kong SAR, China Hong Kong SAR, China Taiwan, China DB2012 Korea, Rep. DB2012 Malaysia DB2012 Thailand DB2012 Indicator Japan DB2012 China DB2012 DB2012 DB2012 DB2011 Starting a Business 5 6 151 107 24 50 16 78 New Zealand (1) (rank) Procedures (number) 3 3 14 8 5 4 3 5 Canada (1)* Time (days) 3 6 38 23 7 6 10 29 New Zealand (1) Cost (% of income per 1.9 2.0 3.5 7.5 14.6 16.4 2.5 6.2 Denmark (0.0)* capita) Paid-in Min. Capital (% 0.0 0.0 100.4 0.0 0.0 0.0 0.0 0.0 82 Economies (0.0)* of income per capita) Dealing with Hong Kong SAR, Construction Permits 1 1 179 63 26 113 87 14 China (1) (rank) Procedures (number) 6 6 33 14 12 22 25 8 Denmark (5) Time (days) 67 67 311 193 30 260 125 157 Singapore (26)* Cost (% of income per 17.8 19.4 444.1 27.9 79.5 7.1 41.9 9.5 Qatar (1.1) capita) Doing Business 2012 Hong Kong SAR, China 11 Best performer globally Hong Kong SAR, China Hong Kong SAR, China Taiwan, China DB2012 Korea, Rep. DB2012 Malaysia DB2012 Thailand DB2012 Indicator Japan DB2012 China DB2012 DB2012 DB2012 DB2011 Getting Electricity (rank) 4 22 115 26 11 59 3 9 Iceland (1) Procedures (number) 4 4 5 3 4 6 4 4 Germany (3)* Time (days) 43 93 145 117 49 51 23 35 Germany (17) Cost (% of income per 1.7 1.9 640.9 0.0 38.6 95.5 52.4 77.6 Japan (0.0) capita) Registering Property 57 55 40 58 71 59 33 28 New Zealand (3) (rank) Procedures (number) 5 5 4 6 7 5 3 2 Portugal (1)* Time (days) 36 36 29 14 11 48 5 2 Portugal (1) Cost (% of property 4.1 4.2 3.6 5.7 5.1 3.3 6.2 6.3 Slovak Republic (0.0) value) Getting Credit (rank) 4 4 67 24 8 1 67 67 United Kingdom (1)* Strength of legal rights 10 10 6 7 8 10 5 5 New Zealand (10)* index (0-10) Depth of credit 5 5 4 6 6 6 5 5 Japan (6)* information index (0-6) Public registry coverage 0.0 0.0 82.5 0.0 0.0 49.4 0.0 0.0 Portugal (86.2) (% of adults) Private bureau coverage 86.3 72.0 0.0 99.0 100.0 83.4 90.9 41.7 New Zealand (100.0)* (% of adults) Protecting Investors 3 3 97 17 79 4 79 13 New Zealand (1) (rank) Extent of disclosure 10 10 10 7 7 10 7 10 France (10)* index (0-10) Doing Business 2012 Hong Kong SAR, China 12 Best performer globally Hong Kong SAR, China Hong Kong SAR, China Taiwan, China DB2012 Korea, Rep. DB2012 Malaysia DB2012 Thailand DB2012 Indicator Japan DB2012 China DB2012 DB2012 DB2012 DB2011 Extent of director 8 8 1 6 2 9 4 7 Singapore (9)* liability index (0-10) Ease of shareholder suits 9 9 4 8 7 7 5 6 New Zealand (10)* index (0-10) Strength of investor 9.0 9.0 5.0 7.0 5.3 8.7 5.3 7.7 New Zealand (9.7) protection index (0-10) Paying Taxes (rank) 3 3 122 120 38 41 71 100 Canada (8) Payments (number per 3 3 7 14 12 13 15 23 Norway (4) year) Time (hours per year) 80 80 398 330 225 133 245 264 Luxembourg (59) Trading Across Borders 2 2 60 16 4 29 23 17 Singapore (1) (rank) Documents to export 4 4 8 3 3 6 6 5 France (2) (number) Hong Kong SAR, Time to export (days) 5 6 21 10 7 17 12 14 China (5)* Cost to export (US$ per 575 625 500 880 680 450 655 625 Malaysia (450) container) Documents to import 4 4 5 5 3 7 6 5 France (2) (number) Time to import (days) 5 5 24 11 7 14 12 13 Singapore (4) Cost to import (US$ per 565 600 545 970 695 435 720 750 Malaysia (435) container) Enforcing Contracts 5 5 16 34 2 31 88 24 Luxembourg (1) (rank) Doing Business 2012 Hong Kong SAR, China 13 Best performer globally Hong Kong SAR, China Hong Kong SAR, China Taiwan, China DB2012 Korea, Rep. DB2012 Malaysia DB2012 Thailand DB2012 Indicator Japan DB2012 China DB2012 DB2012 DB2012 DB2011 Time (days) 280 280 406 360 230 425 510 479 Singapore (150) Cost (% of claim) 21.2 21.2 11.1 32.2 10.3 27.5 17.7 12.3 Bhutan (0.1) Procedures (number) 26 26 34 30 33 29 45 36 Ireland (21)* Resolving Insolvency 16 15 75 1 13 47 14 51 Japan (1) (rank) Time (years) 1.1 1.1 1.7 0.6 1.5 1.5 1.9 2.7 Ireland (0.4) Cost (% of estate) 9 9 22 4 4 15 4 36 Singapore (1)* Recovery rate (cents on 81.2 81.2 36.1 92.7 82.3 44.6 82.1 43.3 Japan (92.7) the dollar) Note: The methodology for the paying taxes indicators changed in Doing Business 2012; see the data notes for details. For these indicators, the best performer globally is the economy that has implemented the most efficient practices in its tax system and is not necessarily the one with the highest ranking. For more information on “no practice� marks, see the data notes for details. * Two or more economies share the top ranking on this indicator. A number shown in place of an economy’s name indicates the number of economies that share the top ranking on the indicator. For a list of these economies, see the Doing Business website (http://www.doingbusiness.org). Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 14 STARTING A BUSINESS Formal registration of companies has many WHAT THE STARTING A BUSINESS immediate benefits for the companies and for business owners and employees. Legal entities can INDICATORS MEASURE outlive their founders. Resources are pooled as several shareholders join forces to start a company. Procedures to legally start and operate a Formally registered companies have access to company (number) services and institutions from courts to banks as Preregistration (for example, name well as to new markets. And their employees can verification or reservation, notarization) benefit from protections provided by the law. An additional benefit comes with limited liability Registration in the economy’s largest companies. These limit the financial liability of business city company owners to their investments, so personal Postregistration (for example, social security assets of the owners are not put at risk. Where registration, company seal) governments make registration easy, more entrepreneurs start businesses in the formal sector, Time required to complete each procedure creating more good jobs and generating more (calendar days) revenue for the government. Does not include time spent gathering What do the indicators cover? information Doing Business measures the ease of starting a Each procedure starts on a separate day business in an economy by recording all Procedure completed once final document is procedures that are officially required or commonly received done in practice by an entrepreneur to start up and formally operate an industrial or commercial No prior contact with officials business—as well as the time and cost required to Cost required to complete each procedure complete these procedures. It also records the (% of income per capita) paid-in minimum capital that companies must deposit before registration (or within 3 months). Official costs only, no bribes The ranking on the ease of starting a business is No professional fees unless services required the simple average of the percentile rankings on by law the 4 component indicators: procedures, time, cost and paid-in minimum capital requirement. Paid-in minimum capital (% of income per capita) To make the data comparable across economies, Doing Business uses several assumptions about the Deposited in a bank or with a notary before business and the procedures. It assumes that all registration (or within 3 months) information is readily available to the entrepreneur  Has a start-up capital of 10 times income per and that there has been no prior contact with capita. officials. It also assumes that all government and nongovernment entities involved in the process  Has a turnover of at least 100 times income per capita. function without corruption. And it assumes that the business:  Does not qualify for any special benefits.  Is a limited liability company, located in the  Does not own real estate. largest business city.  Is 100% domestically owned.  Conducts general commercial or industrial activities. Doing Business 2012 Hong Kong SAR, China 15 STARTING A BUSINESS Where does the economy stand today? What does it take to start a business in Hong Kong procedures, takes 3 days, costs 1.9% of income per SAR, China? According to data collected by Doing capita and requires paid-in minimum capital of 0.0% of Business, starting a business there requires 3 income per capita (figure 2.1). Figure 2.1 What it takes to start a business in Hong Kong SAR, China Paid-in minimum capital (% of income per capita): 0.0 Note: For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 16 STARTING A BUSINESS Globally, Hong Kong SAR, China stands at 5 in the other useful information for assessing how easy it is for ranking of 183 economies on the ease of starting a an entrepreneur in Hong Kong SAR, China to start a business (figure 2.2). The rankings for comparator business. economies and the regional average ranking provide Figure 2.2 How Hong Kong SAR, China and comparator economies rank on the ease of starting a business Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 17 STARTING A BUSINESS What are the changes over time? While the most recent Doing Business data reflect how of the process have changed—and which have not easy (or difficult) it is to start a business in Hong Kong (table 2.1). That can help identify where the potential SAR, China today, data over time show which aspects for improvement is greatest. Table 2.1 The ease of starting a business in Hong Kong SAR, China over time By Doing Business report year Indicator DB2004 DB2005 DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. .. .. 6 5 Procedures (number) 5 5 5 5 5 5 3 3 3 Time (days) 11 11 11 11 11 11 6 6 3 Cost (% of income per 2.4 3.4 3.4 3.3 3.1 2.0 1.8 2.0 1.9 capita) Paid-in Min. Capital (% 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 of income per capita) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 18 STARTING A BUSINESS Equally helpful may be the benchmarks provided by Hong Kong SAR, China on ways to improve the ease of the economies that today have the best performance starting a business. And changes in regional averages regionally or globally on the procedures, time, cost or can show where Hong Kong SAR, China is keeping paid-in minimum capital required to start a business up—and where it is falling behind. (figure 2.3). These economies may provide a model for Figure 2.3 Has starting a business become easier over time? Procedures (number) Time (days) Doing Business 2012 Hong Kong SAR, China 19 STARTING A BUSINESS Cost (% of income per capita) Paid-in minimum capital (% of income per capita) Note: The economy with the best performance regionally on each indicator, and the economy with the best performance globally, are included as benchmarks. In some cases 2 or more economies share the top regional or global ranking on an indicator. In the case of paid-in minimum capital, 82 economies globally and 14 economies in East Asia & Pacific have no paid-in minimum capital. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 20 STARTING A BUSINESS Economies around the world have taken steps making greater firm satisfaction and savings and more it easier to start a business—streamlining procedures registered businesses, financial resources and job by setting up a one-stop shop, making procedures opportunities. simpler or faster by introducing technology and What business registration reforms has Doing Business reducing or eliminating minimum capital requirements. recorded in Hong Kong SAR, China (table 2.2)? Many have undertaken business registration reforms in stages—and they often are part of a larger regulatory reform program. Among the benefits have been Table 2.2 How has Hong Kong SAR, China made starting a business easier—or not? By Doing Business report year DB Year Reform Hong Kong SAR (China) made starting a business easier by DB2012 introducing online electronic services for company and business registration. DB2011 No reform. Business start-up was eased by simplifying registration and DB2010 merging procedures. DB2009 No reform. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 21 STARTING A BUSINESS What are the details? Underlying the indicators shown in this chapter for STANDARDIZED COMPANY Hong Kong SAR, China is a set of specific procedures—the bureaucratic and legal steps that an entrepreneur must complete to incorporate and City: Hong Kong register a new firm. These are identified by Doing Business through collaboration with relevant local Legal Form: Limited Liability Company professionals and the study of laws, regulations and Start-up capital: 10 times GNI per capita publicly available information on business entry in that economy. Following is a detailed summary of Paid-in minimum capital (% of income per those procedures, along with the associated time capita): 0.0 and cost. These procedures are those that apply to a company matching the standard assumptions (the ―standardized company‖) used by Doing Business in collecting the data (see the section in this chapter on what the indicators measure). Summary of procedures for starting a business in Hong Kong SAR, China—and the time and cost Time to No. Procedure Cost to complete complete Choose a company name and obtain a certificate of incorporation A company name can be searched online free of charge at the Companies Registry. A certificate of incorporation will be issued upon the filing of an incorporation form, which has been introduced since July 2008, and a copy of the memorandum and articles of association of HKD 1,720 the company with the Companies Registry. The incorporation form, which contains comprehensive information on the address of registered application fee + office and particulars of the first secretary and the first directors of a 0.1% of authorized 1 company, enhances disclosure of essential information of a company 1 day share capital, capped upon incorporation. The document registration process was also at 30,000+ 450 for streamlined as the new company is no longer required to file separate business registration notifications reporting on those particulars after incorporation. Upon levy. the implementation of electronic incorporation and one-stop service for company incorporation and business registration in late 2010, the whole process of submitting an electronic application, making payment of incorporation fees and business registration fee, and issuing to a successful applicant the Certificate of Incorporationand Business Registration Certificate can be completed within 1 day. Sign up Employee Compensation Insurance and Mandatory Provident Fund (MPF) Schemes with a private company or a bank 2 Under the Employees’ Compensation Ordinance, an employer must 1 day no charge possess a valid insurance policy to cover its employees (both full- and part-time) who are fatally injured or disabled due to accidents arising out of and during employment. In addition, all employees ages 18–65 Doing Business 2012 Hong Kong SAR, China 22 Time to No. Procedure Cost to complete complete and employed for 60 days or more under an employment contract (regardless of the number of work hours) must be covered by the Mandatory Provident Fund (MPF) Schemes Ordinance (except for persons exempted from the scheme) and be enrolled in an MPF scheme. The employer is also required to display the participation certificate issued by the Mandatory Provident Fund Authority at the work premises. The employer can arrange this insurance and the MPF scheme with any insurance company or bank in Hong Kong. Make a corporate seal and company rubber stamp 3 1 day HKD 215 * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 23 DEALING WITH CONSTRUCTION PERMITS Regulation of construction is critical to protect the WHAT THE DEALING WITH CONSTRUCTION public. But it needs to be efficient, to avoid PERMITS INDICATORS MEASURE excessive constraints on a sector that plays an important part in every economy. Where complying with building regulations is excessively costly in Procedures to legally build a warehouse time and money, many builders opt out. They may (number) pay bribes to pass inspections or simply build Submitting all relevant documents and illegally, leading to hazardous construction that obtaining all necessary clearances, licenses, puts public safety at risk. Where compliance is permits and certificates simple, straightforward and inexpensive, everyone Completing all required notifications and is better off. receiving all necessary inspections What do the indicators cover? Obtaining utility connections for water, Doing Business records the procedures, time and sewerage and a fixed telephone line cost for a business to obtain all the necessary Registering the warehouse after its approvals to build a simple commercial warehouse completion (if required for use as collateral or in the economy’s largest business city, connect it to for transfer of the warehouse) basic utilities and register the property so that it Time required to complete each procedure can be used as collateral or transferred to another (calendar days) entity. Does not include time spent gathering The ranking on the ease of dealing with information construction permits is the simple average of the Each procedure starts on a separate day percentile rankings on its component indicators: procedures, time and cost. Procedure completed once final document is received To make the data comparable across economies, Doing Business uses several assumptions about the No prior contact with officials business and the warehouse, including the utility Cost required to complete each procedure (% connections. of income per capita) The business: Official costs only, no bribes  Is a limited liability company operating in  Will be connected to water, sewerage the construction business and located in (sewage system, septic tank or their the largest business city. equivalent) and a fixed telephone line. The  Is domestically owned and operated. connection to each utility network will be 10 meters (32 feet, 10 inches) long.  Has 60 builders and other employees.  Will be used for general storage, such as of The warehouse: books or stationery (not for goods requiring  Is a new construction (there was no special conditions). previous construction on the land).  Will take 30 weeks to construct (excluding all  Has complete architectural and technical delays due to administrative and regulatory plans prepared by a licensed architect. requirements). Doing Business 2012 Hong Kong SAR, China 24 DEALING WITH CONSTRUCTION PERMITS Where does the economy stand today? What does it take to comply with the formalities to with construction permits there requires 6 procedures, build a warehouse in Hong Kong SAR, China? takes 67 days and costs 17.8% of income per capita According to data collected by Doing Business, dealing (figure 3.1). Figure 3.1 What it takes to comply with formalities to build a warehouse in Hong Kong SAR, China Note: For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 25 DEALING WITH CONSTRUCTION PERMITS Globally, Hong Kong SAR, China stands at 1 in the ranking provide other useful information for assessing ranking of 183 economies on the ease of dealing with how easy it is for an entrepreneur in Hong Kong SAR, construction permits (figure 3.2). The rankings for China to legally build a warehouse. comparator economies and the regional average Figure 3.2 How Hong Kong SAR, China and comparator economies rank on the ease of dealing with construction permits Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 26 DEALING WITH CONSTRUCTION PERMITS What are the changes over time? While the most recent Doing Business data reflect how which aspects of the process have changed—and easy (or difficult) it is to deal with construction permits which have not (table 3.1). That can help identify where in Hong Kong SAR, China today, data over time show the potential for improvement is greatest. Table 3.1 The ease of dealing with construction permits in Hong Kong SAR, China over time By Doing Business report year Indicator DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. 1 1 Procedures (number) 21 21 21 14 6 6 6 Time (days) 177 177 177 137 67 67 67 Cost (% of income per 24.6 23.4 21.1 18.7 18.7 19.4 17.8 capita) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. For more information on “no practice� marks, see the data notes for details. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 27 DEALING WITH CONSTRUCTION PERMITS Equally helpful may be the benchmarks provided by SAR, China on ways to improve the ease of dealing the economies that today have the best performance with construction permits. And changes in regional regionally or globally on the procedures, time or cost averages can show where Hong Kong SAR, China is required to deal with construction permits (figure 3.3). keeping up—and where it is falling behind. These economies may provide a model for Hong Kong Figure 3.3 Has dealing with construction permits become easier over time? Procedures (number) Time (days) Doing Business 2012 Hong Kong SAR, China 28 DEALING WITH CONSTRUCTION PERMITS Cost (% of income per capita) Note: The economy with the best performance regionally on each indicator, and the economy with the best performance globally, are included as benchmarks. In some cases 2 or more economies share the top regional or global ranking on an indicator. In cases where no data are displayed above for the economy, this indicates that the economy has received a “no practice� mark; see the data notes for details. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 29 DEALING WITH CONSTRUCTION PERMITS Smart regulation ensures that standards are met while building safety while keeping compliance costs making compliance easy and accessible to all. reasonable, governments around the world have Coherent and transparent rules, efficient processes and worked on consolidating permitting requirements. adequate allocation of resources are especially What construction permitting reforms has Doing important in sectors where safety is at stake. Business recorded in Hong Kong SAR, China (table Construction is one of them. In an effort to ensure 3.2)? Table 3.2 How has Hong Kong SAR, China made dealing with construction permits easier—or not? By Doing Business report year DB Year Reform DB2012 No reform. DB2011 No reform. DB2010 No reform. Under the ―Be the Smart Regulator‖ program, a broad initiative to improve business licensing, the government DB2009 reduced the time to deal with construction permits and eliminated several procedures related to inspections and preapprovals. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 30 DEALING WITH CONSTRUCTION PERMITS What are the details? The indicators reported here for Hong Kong SAR, BUILDING A WAREHOUSE China are based on a set of specific procedures— the steps that a company must complete to legally build a warehouse—identified by Doing Business City : Hong Kong through information collected from experts in construction licensing, including architects, Estimated construction lawyers, construction firms, utility HKD 8,881,500 Warehouse Value : service providers and public officials who deal with building regulations. These procedures are those The procedures, along with the associated time and that apply to a company and structure matching cost, are summarized below. the standard assumptions used by Doing Business in collecting the data (see the section in this chapter on what the indicators cover). Summary of procedures for dealing with construction permits in Hong Kong SAR, China — and the time and cost Time to No. Procedure Cost to complete complete Obtain building plans approval BuildCo should submit the following documents for approval: - Building plans (Forms BA5, BD24). - General building plans. - Spread footing plans. - Hoarding plans. - Site formation plans. - Fire service installation plan (Form FSI/314). - Drainage plan In December 2008 a One Stop Centre was established for Warehouse Construction Permits under the administration of the Efficiency Unit (EU) for receiving all relevant building license applications to 6 government departments and 2 private utilities (i.e. telephone line and 45 days HKD 40,974 1 electricity supply) and coordinating their joint inspections for two- storey warehouse projects. Property developers can use Form OSC-1 to submit to the One Stop Centre in one-go all applications relating to building plans approval and consent for commencement of building works from Buildings Department, technical audit of water supply connection works by Water Supplies Department, and road excavation permit from both the Police and Highways Department. This new arrangement can simplify the submission process by combining the following 6 procedures: - Obtain building plans approval HKD 30,240 - Apply and pay for technical audit of water supply connection works HKD 4,470 - Apply and pay for technical audit of drainage serivces HKD 4,340 - Apply, pay and receive road excavation work permission from Doing Business 2012 Hong Kong SAR, China 31 Time to No. Procedure Cost to complete complete Highways Department HKD 1,924 - Notify and obtain approval from traffic police - Obtain building consent from Buildings Department Total cost: HKD 40,974 Request and receive inspection of foundation strata At the approval stage for building foundation plans, the Buildings Department normally imposes some requirements and conditions for the construction of the foundation to ensure that the approved plans 2 and the required standards are complied with. Upon the completion of 1 day no charge the foundation, Form BA 14 and as-built foundation records must be submitted to notify the Buildings Department that the foundation work has been completed. The form must be approved by the Buildings Department before the next stage of construction can begin. The construction site is inspected within 7 days of the notification. Notify Drainage Services Department of construction completion and receive transfer inspection and issuance of water supply certificate With the establishment of the One Stop Centre, the following 8 procedures as stated in the Report have been replaced by only 2 new procedures (i.e. (i) Submit notification of project completion and relevant applications to One Stop Centre and (ii) Receive joint and final inspection of relevant licensing authorities coordinated by One Stop Centre) – - Apply and pay for technical audit of Drainage Services Department - Notify Water Supplies Department of construction completion and receive transfer inspection and issuance of water supply certificate 21 days HKD 3,440 3 - Notify Drainage Services Department of construction completion and receive transfer inspection - Obtain certificate of completion of buildings works - Obtain certificate of compliance from Lands Department - Obtain fire certificate for fire service installation - Request electricity connection - Request telephone line The process to receive relevant final inspections can be also coordinated at this stage. Applicants should complete Part 2 of checklist OSC-2. The One Stop Centre will contact the relevant departments and the applicants for the arrangement of joint inspections. * Notify Water Services Department of construction completion and receive transfer inspection 1 day no charge 4 See comments in Procedure 3. * Request and obtain water connection 5 1 day no charge * Request and obtain telephone line 6 1 day HKD 475 Doing Business 2012 Hong Kong SAR, China 32 * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 33 GETTING ELECTRICITY Access to reliable and affordable electricity is vital WHAT THE GETTING ELECTRICITY for businesses. To counter weak electricity supply, many firms in developing economies have to rely INDICATORS MEASURE on self-supply, often at a prohibitively high cost. Whether electricity is reliably available or not, the Procedures to obtain an electricity first step for a customer is always to gain access by connection (number) obtaining a connection. Submitting all relevant documents and What do the indicators cover? obtaining all necessary clearances and permits Doing Business records all procedures required for Completing all required notifications and a local business to obtain a permanent electricity receiving all necessary inspections connection and supply for a standardized warehouse, as well as the time and cost to Obtaining external installation works and complete them. These procedures include possibly purchasing material for these works applications and contracts with electricity utilities, Concluding any necessary supply contract and clearances from other agencies and the external obtaining final supply and final connection works. The ranking on the ease of getting electricity is the simple average of Time required to complete each procedure the percentile rankings on its component (calendar days) indicators: procedures, time and cost. To make the Is at least 1 calendar day data comparable across economies, several assumptions are used. Each procedure starts on a separate day The warehouse: Does not include time spent gathering information  Is located in the economy’s largest business city, in an area where other Reflects the time spent in practice, with little warehouses are located. follow-up and no prior contact with officials  Is not in a special economic zone where Cost required to complete each procedure the connection would be eligible for (% of income per capita) subsidization or faster service. Official costs only, no bribes  Has road access. The connection works Excludes value added tax involve the crossing of a road or roads but are carried out on public land.  Is 150 meters long.  Is a new construction being connected to  Is to either the low-voltage or the medium- electricity for the first time. voltage distribution network and either overhead  Has 2 stories, both above ground, with a or underground, whichever is more common in total surface of about 1,300.6 square the economy and in the area where the meters (14,000 square feet), and is built on warehouse is located. The length of any a plot of 929 square meters (10,000 square connection in the customer’s private domain is feet). negligible. The electricity connection:  Involves installing one electricity meter. The monthly electricity consumption will be 0.07  Is a 3-phase, 4-wire Y, 140-kilovolt-ampere gigawatt-hour (GWh). The internal electrical (kVA) (subscribed capacity) connection. wiring has been completed. Doing Business 2012 Hong Kong SAR, China 34 GETTING ELECTRICITY Where does the economy stand today? What does it take to obtain a new electricity there requires 4 procedures, takes 43 days and costs connection in Hong Kong SAR, China? According to 1.7% of income per capita (figure 4.1). data collected by Doing Business, getting electricity Figure 4.1 What it takes to obtain an electricity connection in Hong Kong SAR, China Note: For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 35 GETTING ELECTRICITY Globally, Hong Kong SAR, China stands at 4 in the another perspective in assessing how easy it is for an ranking of 183 economies on the ease of getting entrepreneur in Hong Kong SAR, China to connect a electricity (figure 4.2). The rankings for comparator warehouse to electricity. economies and the regional average ranking provide Figure 4.2 How Hong Kong SAR, China and comparator economies rank on the ease of getting electricity Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 36 GETTING ELECTRICITY Even more helpful than rankings for other economies model for Hong Kong SAR, China on ways to improve may be the indicators underlying those rankings (table the ease of getting electricity. Regional and global 4.1). If obtaining a new electricity connection requires averages on these indicators may provide useful fewer procedures, less time or less cost in other benchmarks. economies, the practices of their utilities may provide a Table 4.1 The ease of getting electricity in Hong Kong SAR, China and comparator economies Pacific average Global average Taiwan, China Korea, Rep. Hong Kong East Asia & SAR, China Malaysia Thailand Japan China Indicator Rank 4 115 26 11 59 3 9 75 .. Procedures (number) 4 5 3 4 6 4 4 5 5 Time (days) 43 145 117 49 51 23 35 88 111 Cost (% of income per capita) 1.7 640.9 0.0 38.6 95.5 52.4 77.6 1,079.4 1,942.3 Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 37 GETTING ELECTRICITY What are the details? The indicators reported here for Hong Kong SAR, OBTAINING AN ELECTRICITY CONNECTION China are based on a set of specific procedures—the steps that an entrepreneur must complete to get a warehouse connected to electricity by the local City: Hong Kong distribution utility—identified by Doing Business. Data are collected from the distribution utility, then Name of Utility: CLP Power Hong Kong completed and verified by electricity regulatory Ltd. agencies and independent professionals such as The procedures are those that apply to a warehouse electrical engineers, electrical contractors and and electricity connection matching the standard construction companies. The electricity distribution assumptions used by Doing Business in collecting the utility surveyed is the one serving the area (or areas) in data (see the section in this chapter on what the which warehouses are located. If there is a choice of indicators cover). The procedures, along with the distribution utilities, the one serving the largest associated time and cost, are summarized below. number of customers is selected. Summary of procedures for getting electricity in Hong Kong SAR, China—and the time and cost Time to No. Procedure Cost to complete complete The client submits application for electricity connection and awaits technical conditions from CLP Power Ltd. Internal wiring works before connection of supply should be carried out by a Registered Electrical Worker (REW) or a team of electricians led by a REW . When it comes to the stage that supply is connected (e.g. for testing or alteration after supply connection), the internal wiring works should be carried out by the REW.] The Registered Electrical Contractor (REC) and the REW should be registered with the Electrical and Mechanical Services Department (EMSD) of the Hong Kong SAR Government (www.emsd.gov.hk). The clients requesting electricity supply need to complete a supply 1 application form and provide a document for identity verification (Copy 8 calendar days no charge of identity or Business Registration Certificate). The application form can serve the purpose of a supply contract. If the client signs on the application form, it implies that they accept our supply conditions. The supply conditions are detailed in the "Supply Rule", which can be obtained in our Company website. The client can submit the application for electricity connection with CLP Power Ltd. online, in person, by mail, email, fax, or on the phone. https://www.clponline.com.hk/ClientService/OpenAccount/Pages/Default .aspx?lang=en The utility conducts an inspection of the site after receiving the application to study the specifics of the connection (possibility to Doing Business 2012 Hong Kong SAR, China 38 Time to No. Procedure Cost to complete complete connect directly to existing network or need for an expansion). After that, it formulates a supply project including network design and cable route selection after inspection. This is the Project Planning phase. The client does not have to await an estimate of connection fees. * The client obtains external inspection from CLP Power Ltd. 2 Site inspection is required for preparing the supply scheme. It is part of 1 calendar day no charge CLP Power's work in procedure 1, and interface with the client is not necessary for the inspection. The client receives external works from CLP Power Ltd. (a) Application for excavation permit An excavation permit is required for the excavation of cable trench in the public areas. The utility is required to apply to the relevant government departments for the permit. The time required depends on the responsiveness of government departments. The excavation permit will be applied for after the project planning stage. Since the permit will specify a limited work period, before applying for the permit, the utility will confirm with the client the target supply date and the target completion date of the work required by the client e.g. duct and draw pit. The excavation permit application cost is paid by the company and is not charged to clients as part of their cost for connection. Efforts were made to reduce the time to obtain an excavation permit. The efforts consisted of setting up a liaison group with representatives of four relevant government departments, viz. Highways Department, Hong 3 Kong Police Force, Transport Department and Economic Analysis & 34 calendar days no charge Business Facilitation Unit, and CLP Power Hong Kong Limited to examine and rationalize the procedures related to applications for excavation permits in connection with supply of electricity for 2-storey warehouses or similar industrial buildings. As a result, the following performance pledges are publicized (http://www.gov.hk/en/theme/bf/smart/efficiency/excavation.htm) : • Highways Department to complete initial assessment of an excavation proposal and approve an application for excavation permit within 1 working day respectively; • Transport Department to process a proposed temporary traffic arrangement within 21 days; and • Highways Department and Hong Kong Police Force to accept advance notification of electricity companies 2 working days before the commencement of excavation works. These efforts were followed by another set of efforts to further reduce the time needed to obtain the permit: the government conducted a liaison group meeting with the CLP Power Hong Kong Limited to review the application process for excavation permits in connection with electricity supply for 2-storey warehouses in non-residential areas. As a Doing Business 2012 Hong Kong SAR, China 39 Time to No. Procedure Cost to complete complete result, the Transport Department has further streamlined its procedures and reduced the time for processing temporary traffic arrangement proposals from 21 days to 14 days. The relevant Guidance Note for the Highways Department, Hong Kong Police Force and Transport Department has been revised accordingly: http://www.hyd.gov.hk/eng/public/publications/xppm/rd/doc/GN_Applic ation%20for%20XP%20for%20Supply%20of%20electricity.pdf (b) Installation Work Processing time includes LV cable laying and jointing work on a trench (150m) with road crossing. (Construction phase) It excludes the advance notification for commencement of the works submitted to government departments after obtaining the excavation permit. This is also a time taken for manpower mobilization and material preparation. This is the Resource programming phase. The client obtains meter installation and final connection from CLP Power Ltd. The utility then inspects the internal wiring and installs the meter. The Registered Electrical Worker representing the client must be present. In fact, ―according to the Electricity (Wiring) Regulations, Cap. 406E, any fixed electrical installation shall, after completion and before it is energized for use, be inspected, tested and certified with Work Completion Certificate (Form WR1) by a registered electrical worker and contractor. In case of any repair, alteration or addition to a fixed electrical installation, only the affected parts of the installation need to be inspected, tested and certified with Work Completion Certificate (Form WR1) by a registered electrical worker and contractor. A copy of the Work Completion Certificate (Form WR1) together with copies of Certificate of Registration of Electrical Contractor and Certificate of Registration of Electrical Worker should be forwarded to the Licensing 1 calendar day HKD 4,313.8 4 Office as proof of compliance with the electricity safety requirements.‖ The Registered Electrical Worker in charge of the internal installation and final inspection signs the WR1 form, and submits it to the utility at the appointment for electricity turn-on. The client requests a final inspection for meter installation from CLP Power through the installation inspection appointment system of the utility. The final inspection does not cover the entire internal wiring, but only the interface with the external circuit. The WR1 form is enough to guarantee the wiring has been done in accordance with the electricity regulations. The meter will be installed and supply connected after satisfactory inspection of the internal wiring (not entire inspection; only for the interface with external network). The service pledge is to install the meter within the same day of the satisfactory inspection of the internal wiring. * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 40 Doing Business 2012 Hong Kong SAR, China 41 REGISTERING PROPERTY Ensuring formal property rights is fundamental. WHAT THE REGISTERING PROPERTY Effective administration of land is part of that. If INDICATORS MEASURE formal property transfer is too costly or complicated, formal titles might go informal again. And where property is informal or poorly Procedures to legally transfer title on administered, it has little chance of being immovable property (number) accepted as collateral for loans—limiting access to Preregistration (for example, checking for liens, finance. notarizing sales agreement, paying property transfer taxes) What do the indicators cover? Registration in the economy’s largest business Doing Business records the full sequence of city procedures necessary for a business to purchase property from another business and transfer the Postregistration (for example, filing title with the municipality) property title to the buyer’s name. The transaction is considered complete when it is opposable to Time required to complete each procedure third parties and when the buyer can use the (calendar days) property, use it as collateral for a bank loan or Does not include time spent gathering resell it. The ranking on the ease of registering information property is the simple average of the percentile rankings on its component indicators: procedures, Each procedure starts on a separate day time and cost. Procedure completed once final document is received To make the data comparable across economies, several assumptions about the parties to the No prior contact with officials transaction, the property and the procedures are Cost required to complete each procedure used. (% of property value) The parties (buyer and seller): Official costs only, no bribes  Are limited liability companies, 100% No value added or capital gains taxes included domestically and privately owned.  Are located in the periurban area of the economy’s largest business city.  Has no mortgages attached and has been under the same ownership for the past 10  Have 50 employees each, all of whom are years. nationals.  Consists of 557.4 square meters (6,000 square  Perform general commercial activities. feet) of land and a 10-year-old, 2-story The property (fully owned by the seller): warehouse of 929 square meters (10,000  Has a value of 50 times income per capita. square feet). The warehouse is in good The sale price equals the value. condition and complies with all safety standards, building codes and legal  Is registered in the land registry or requirements. The property will be transferred cadastre, or both, and is free of title in its entirety. disputes.  Is located in a periurban commercial zone, and no rezoning is required. Doing Business 2012 Hong Kong SAR, China 42 REGISTERING PROPERTY Where does the economy stand today? What does it take to complete a property transfer in 5 procedures, takes 36 days and costs 4.1% of the Hong Kong SAR, China? According to data collected property value (figure 5.1). by Doing Business, registering property there requires Figure 5.1 What it takes to register property in Hong Kong SAR, China Note: For details on the procedures reflected here, see the summary at the end of this chapter. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 43 REGISTERING PROPERTY Globally, Hong Kong SAR, China stands at 57 in the other useful information for assessing how easy it is for ranking of 183 economies on the ease of registering an entrepreneur in Hong Kong SAR, China to transfer property (figure 5.2). The rankings for comparator property. economies and the regional average ranking provide Figure 5.2 How Hong Kong SAR, China and comparator economies rank on the ease of registering property Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 44 REGISTERING PROPERTY What are the changes over time? While the most recent Doing Business data reflect how aspects of the process have changed—and which have easy (or difficult) it is to register property in Hong not (table 5.1). That can help identify where the Kong SAR, China today, data over time show which potential for improvement is greatest. Table 5.1 The ease of registering property in Hong Kong SAR, China over time By Doing Business report year Indicator DB2005 DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. .. 55 57 Procedures (number) 5 5 5 5 5 5 5 5 Time (days) 36 36 36 36 36 36 36 36 Cost (% of property value) 4.6 4.2 4.2 4.2 4.2 4.2 4.2 4.1 Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. For more information on “no practice� marks, see the data notes for details. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 45 REGISTERING PROPERTY Equally helpful may be the benchmarks provided by SAR, China on ways to improve the ease of registering the economies that today have the best performance property. And changes in regional averages can show regionally or globally on the procedures, time or cost where Hong Kong SAR, China is keeping up—and required to complete a property transfer (figure 5.3). where it is falling behind. These economies may provide a model for Hong Kong Figure 5.3 Has registering property become easier over time? Procedures (number) Time (days) Doing Business 2012 Hong Kong SAR, China 46 REGISTERING PROPERTY Cost (% of property value) Note: The economy with the best performance regionally on each indicator, and the economy with the best performance globally, are included as benchmarks. In some cases 2 or more economies share the top regional or global ranking on an indicator. In cases where no data are displayed above for the economy, this indicates that the economy has received a “no practice� mark; see the data notes for details. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 47 REGISTERING PROPERTY Economies worldwide have been making it easier for have cut the time required substantially—enabling entrepreneurs to register and transfer property—such buyers to use or mortgage their property earlier. What as by computerizing land registries, introducing time property registration reforms has Doing Business limits for procedures and setting low fixed fees. Many recorded in Hong Kong SAR, China (table 5.2)? Table 5.2 How has Hong Kong SAR, China made registering property easier—or not? By Doing Business report year DB Year Reform DB2012 No reform. DB2011 No reform. Property registration has also become easier, because the DB2010 stamp duty for the sale act can now be submitted online. DB2009 No reform. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 48 REGISTERING PROPERTY What are the details? The indicators reported here are based on a set of STANDARD PROPERTY TRANSFER specific procedures—the steps that a buyer and seller must complete to transfer the property to the buyer’s name—identified by Doing Business City: Hong Kong through information collected from local property Property Value: 12,642,789.9 lawyers, notaries and property registries. These procedures are those that apply to a transaction The procedures, along with the associated time and matching the standard assumptions used by Doing cost, are summarized below. Business in collecting the data (see the section in this chapter on what the indicators cover). Summary of procedures for registering property in Hong Kong SAR, China—and the time and cost Time to No. Procedure Cost to complete complete Purchaser’s solicitor does a land search at the Land Registry It is a common procedure that the Buyer's solicitor will conduct a land search before execution of the Agreement for Sale and Purchase (ASP) to ensure that the previous registration title of the property is complete and that no unusual encumbrance is registered against the property. All land records are available for search by the public at the Land 1 Registry or by doing an online search. The prescribed fee is HK$25 for a 1 day HKD 25 full land search (which would provide all historical and current data affecting the property) and HK$10 for an up-date land search (which would only provide the current data). This will take about one (1) day and in fact, immediately if it is done through the online internet service provided by the Land Registry which many law firms in Hong Kong would have subscribed to such service. Preparation of (i) Sale and Purchase Agreement and (ii) Assignment HKD 450 Depending on encumbrances that might be still associated with the (Assignment property this process might take a longer time. registration fee) + Note: The Property Assignment will give the purchaser legal title and possession of the property. HKD 30,000 + 0.25% of value exceeding SCALE OF COSTS Consideration not Exceeding (HKD) Charge (HKD) % of HKD 5,000,000 2 5 days Consideration (solicitor’s fee HKD 18,125 + 0.125% of value exceeding HKD 5,000,000 according to HKD 74,375 + 0.075% of value exceeding HKD 50,000,000 Solicitors -General- Costs Rules (Cap. With reference to the above scale of costs, the solicitor fee for the 159G) which is subject warehouse property of the business case (valued at HKD negotiable). 12,117,428) is around HKD 47,800 (i.e. HKD 30,000 for the first HKD5,000,000 plus HKD 17,800 for the remaining HKD 7,117,428 (at a Doing Business 2012 Hong Kong SAR, China 49 Time to No. Procedure Cost to complete complete rate of HKD25 per HKD 10,000)) or 0.4% of the property value. * Execution of Sale and Purchase Agreement and filing at the Land Registry The Purchaser’s solicitor registers the executed Agreement for Sale and Purchase (ASP) with the Land Registry. At this time, the Purchaser usually gives a 10% down payment on the property and has time to arrange financing for the remainder owed. During the 30-day period, the Purchaser’s solicitor prepares an Assignment deed. In addition, 3 during this period of time, the Buyer's solicitor will complete perusal of 30 days HKD 210 title deeds and clarify any title issues with the Seller's solicitors and confirm good title to the Buyer (through a final land search on the property to ensure there has not been any competing deed lodged with the Land Registry after the executed Agreement for Sale and Purchase has been registered with the Land Registry). * The Purchaser's solicitor settles the stamp duty payable with the Stamp Office via e-stamping All necessary forms and documents for stamping can be submitted online (www.gov.hk/estamping.) or in paper. The process of submission and payment is straight forward, details of the transaction are submitted over the internet, a stamp invoice is issued immediately which can be printed. After the online payment of stamp duty, solicitors can print the stamp certificates and attach them to the instruments as evidence of stamping. Payment of the stamp duty can be done using different methods, (PPS, MasterCard, and Visa). The current payment limits for credit cards are HK$5,000. If the duty amount exceeds the payment 3.75% stamp duty limits, payment can be made offline by printing a payment notice for 1 day for non-residential 4 settlement by telephone, bank ATM, internet or in person at the Stamp property Office or Post Offices. After payment of stamp duty, a stamp certificate will be issued instantly and available for printing. Each stamp certificate will have its own "Stamp Certificate Number". For online payments and e-stamping, it is not required to present the original instruments to the Stamp Office. Details of the e-Stamping service in Hong Kong are available at www.ird.gov.hk/eng/tax/e_stamp.htm. Both methods fulfill the stamping requirement equally. Under the conventional method no stamp certificate is issued, instead, the relevant document (e.g. the assignment) would be stamped by the Stamp Office with the value of stamp duty paid. * Purchaser’s solicitor registers the Property Assignment at the Land Registry included in previous 5 The duly stamped Assignment will then be presented by the solicitors to 1 day procedure the Land Registry. The purchaser’s solicitor shall register the Assignment at the Land Registry within 30 days from the date of Assignment so as to preserve its priority under the law. After receipt of the original Doing Business 2012 Hong Kong SAR, China 50 Time to No. Procedure Cost to complete complete Assignment by the Land Registry, it will take another 30 days depending on the workload of the Land Registry at that time to complete the registration and return the Assignment to the solicitor’s office. However, the title is legally property of the purchaser once the Property Assignment is submitted to the Land Registry on the first day. The remaining days (or months) account for the Registry to document the transfer in microfilm and other media. * Takes place simultaneously with another procedure. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 51 GETTING CREDIT Two types of frameworks can facilitate access to WHAT THE GETTING CREDIT INDICATORS credit and improve its allocation: credit information MEASURE systems and the legal rights of borrowers and lenders in collateral and bankruptcy laws. Credit information systems enable lenders to view a Strength of legal rights index (0–10) potential borrower’s financial history (positive or Protection of rights of borrowers and lenders negative)—valuable information to consider when through collateral laws assessing risk. And they permit borrowers to Protection of secured creditors’ rights through establish a good credit history that will allow easier bankruptcy laws access to credit. Sound collateral laws enable businesses to use their assets, especially movable Depth of credit information index (0–6) property, as security to generate capital—while Scope and accessibility of credit information strong creditors’ rights have been associated with distributed by public credit registries and higher ratios of private sector credit to GDP. private credit bureaus What do the indicators cover? Public credit registry coverage (% of adults) Doing Business assesses the sharing of credit Number of individuals and firms listed in information and the legal rights of borrowers and public credit registry as percentage of adult lenders with respect to secured transactions population through 2 sets of indicators. The depth of credit Private credit bureau coverage (% of adults) information index measures rules and practices Number of individuals and firms listed in affecting the coverage, scope and accessibility of largest private credit bureau as percentage of credit information available through a public credit adult population registry or a private credit bureau. The strength of legal rights index measures the degree to which collateral and bankruptcy laws protect the rights of borrowers and lenders and thus facilitate lending. Doing Business uses case scenarios to determine  Has 100 employees. the scope of the secured transactions system,  Is 100% domestically owned, as is the lender. involving a secured borrower and a secured lender and examining legal restrictions on the use of The ranking on the ease of getting credit is based on movable collateral. These scenarios assume that the the percentile rankings on its component indicators: borrower: the depth of credit information index (weighted at 37.5%) and the strength of legal rights index  Is a private, limited liability company. (weighted at 62.5%).  Has its headquarters and only base of operations in the largest business city. Doing Business 2012 Hong Kong SAR, China 52 GETTING CREDIT Where does the economy stand today? How well do the credit information system and Globally, Hong Kong SAR, China stands at 4 in the collateral and bankruptcy laws in Hong Kong SAR, ranking of 183 economies on the ease of getting credit China facilitate access to credit? The economy has a (figure 6.1). The rankings for comparator economies score of 5 on the depth of credit information index and the regional average ranking provide other useful and a score of 10 on the strength of legal rights index information for assessing how well regulations and (see the summary of scoring at the end of this chapter institutions in Hong Kong SAR, China support lending for details). Higher scores indicate more credit and borrowing. information and stronger legal rights for borrowers and lenders. Figure 6.1 How Hong Kong SAR, China and comparator economies rank on the ease of getting credit Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 53 GETTING CREDIT What are the changes over time? While the most recent Doing Business data reflect how show where institutions and regulations have been well the credit information system and collateral and strengthened—and where they have not (table 6.1). bankruptcy laws in Hong Kong SAR, China support That can help identify where the potential for lending and borrowing today, data over time can help improvement is greatest. Table 6.1 The ease of getting credit in Hong Kong SAR, China over time By Doing Business report year Indicator DB2005 DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. .. 4 4 Strength of legal rights 10 10 10 10 10 10 10 10 index (0-10) Depth of credit 5 5 5 5 5 5 5 5 information index (0-6) Public registry coverage 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 (% of adults) Private bureau 61.5 64.5 64.5 64.7 69.9 71.9 72.0 86.3 coverage (% of adults) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 54 GETTING CREDIT One way to put an economy’s getting credit indicators index for Hong Kong SAR, China in 2011 and shows into context is to see where the economy stands in the the number of other economies having the same score distribution of scores across other economies. Figure in 2011. Figure 6.3 shows the same thing for the depth 6.2 highlights the score on the strength of legal rights of credit information index. Figure 6.2 Have legal rights for borrowers and lenders Figure 6.3 Have the coverage and accessibility of credit become stronger? information grown? Number of economies with each score on strength of legal Number of economies with each score on depth of credit rights index (0–10), 2011 information index (0–6), 2011 Source: Doing Business database. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 55 GETTING CREDIT When economies strengthen the legal rights of lenders access to credit. What credit reforms has Doing and borrowers under collateral and bankruptcy laws, Business recorded in Hong Kong SAR, China (table and increase the scope, coverage and accessibility of 6.2)? credit information, they can increase entrepreneurs’ Table 6.2 How has Hong Kong SAR, China made getting credit easier—or not? By Doing Business report year DB Year Reform DB2012 No reform. DB2011 No reform. DB2010 No reform. DB2009 No reform. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 56 GETTING CREDIT What are the details? The getting credit indicators reported here for Hong The data on the legal rights of borrowers and lenders Kong SAR, China are based on detailed information are gathered through a survey of financial lawyers and collected in that economy. The data on credit verified through analysis of laws and regulations as information sharing are collected through a survey of a well as public sources of information on collateral and public credit registry or private credit bureau (if one bankruptcy laws. For the strength of legal rights index, exists). To construct the depth of credit information a score of 1 is assigned for each of 8 aspects related to index, a score of 1 is assigned for each of 6 features of legal rights in collateral law and 2 aspects in the public credit registry or private credit bureau (see bankruptcy law. summary of scoring below). Summary of scoring for the getting credit indicators in Hong Kong SAR, China Hong Kong SAR, East Asia & Indicator OECD high income China Pacific Strength of legal rights index (0-10) 10 7 7 Depth of credit information index (0-6) 5 2 5 Public registry coverage (% of adults) 0.0 10.3 9.5 Private bureau coverage (% of adults) 86.3 18.1 63.9 Strength of legal rights index (0–10) Index score: 10 Can any business use movable assets as collateral while keeping possession of the assets; Yes and any financial institution accept such assets as collateral ? Does the law allow businesses to grant a non possessory security right in a single category of Yes movable assets, without requiring a specific description of collateral? Does the law allow businesses to grant a non possessory security right in substantially all of Yes its assets, without requiring a specific description of collateral? May a security right extend to future or after-acquired assets, and may it extend Yes automatically to the products, proceeds or replacements of the original assets ? Is a general description of debts and obligations permitted in collateral agreements; can all types of debts and obligations be secured between parties; and can the collateral agreement Yes include a maximum amount for which the assets are encumbered? Is a collateral registry in operation, that is unified geographically and by asset type, with an Yes electronic database indexed by debtor's names? Are secured creditors paid first (i.e. before general tax claims and employee claims) when a Yes debtor defaults outside an insolvency procedure? Doing Business 2012 Hong Kong SAR, China 57 Strength of legal rights index (0–10) Index score: 10 Are secured creditors paid first (i.e. before general tax claims and employee claims) when a Yes business is liquidated? Are secured creditors either not subject to an automatic stay or moratorium on enforcement procedures when a debtor enters a court-supervised reorganization procedure, or the law Yes provides secured creditors with grounds for relief from an automatic stay or Does the law allow parties to agree in a collateral agreement that the lender may enforce its Yes security right out of court, at the time a security interest is created? Private credit Public credit Depth of credit information index (0–6) Index score: 5 bureau registry Are data on both firms and individuals distributed? Yes No 1 Are both positive and negative data distributed? Yes No 1 Does the registry distribute credit information from retailers, trade creditors or utility companies as well as No No 0 financial institutions? Are more than 2 years of historical credit information Yes No 1 distributed? Is data on all loans below 1% of income per capita Yes No 1 distributed? Is it guaranteed by law that borrowers can inspect Yes No 1 their data in the largest credit registry? Note: An economy receives a score of 1 if there is a "yes" to either private bureau or public registry. Coverage Private credit bureau Public credit registry Number of firms 120,404 0 Number of individuals 4,474,805 0 Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 58 PROTECTING INVESTORS Investor protections matter for the ability of WHAT THE PROTECTING INVESTORS companies to raise the capital they need to grow, INDICATORS MEASURE innovate, diversify and compete. If the laws do not provide such protections, investors may be reluctant to invest unless they become the controlling Extent of disclosure index (0–10) shareholders. Strong regulations clearly define Who can approve related-party transactions related-party transactions, promote clear and efficient Disclosure requirements in case of related- disclosure requirements, require shareholder party transactions participation in major decisions of the company and set clear standards of accountability for company Extent of director liability index (0–10) insiders. Ability of shareholders to hold interested What do the indicators cover? parties and members of the approving body liable in case of related-party transactions Doing Business measures the strength of minority Available legal remedies (damages, repayment shareholder protections against directors’ use of of profits, fines, imprisonment and rescission corporate assets for personal gain—or self-dealing. of the transaction) The indicators distinguish 3 dimensions of investor protections: transparency of related-party Ability of shareholders to sue directly or transactions (extent of disclosure index), liability for derivatively self-dealing (extent of director liability index) and Ease of shareholder suits index (0–10) shareholders’ ability to sue officers and directors for Access to internal corporate documents misconduct (ease of shareholder suits index). The (directly or through a government inspector) ranking on the strength of investor protection index is the simple average of the percentile rankings on Documents and information available during these 3 indices. To make the data comparable across trial economies, a case study uses several assumptions Strength of investor protection index (0–10) about the business and the transaction. Simple average of the extent of disclosure, The business (Buyer): extent of director liability and ease of shareholder suits indices  Is a publicly traded corporation listed on the economy’s most important stock exchange (or at least a large private company with multiple the company purchase used trucks from another shareholders). company he owns.  Has a board of directors and a chief executive  The price is higher than the going price for used officer (CEO) who may legally act on behalf of trucks, but the transaction goes forward. Buyer where permitted, even if this is not specifically required by law.  All required approvals are obtained, and all required disclosures made, though the transaction The transaction involves the following details: is prejudicial to Buyer.  Mr. James, a director and the majority  Shareholders sue the interested parties and the shareholder of the company, proposes that members of the board of directors. Doing Business 2012 Hong Kong SAR, China 59 PROTECTING INVESTORS Where does the economy stand today? How strong are investor protections in Hong Kong protection index (figure 7.1). While the indicator does SAR, China? The economy has a score of 9.0 on the not measure all aspects related to the protection of strength of investor protection index, with a higher minority investors, a higher ranking does indicate that score indicating stronger protections (see the an economy’s regulations offer stronger investor summary of scoring at the end of this chapter for protections against self-dealing in the areas measured. details). Globally, Hong Kong SAR, China stands at 3 in the ranking of 183 economies on the strength of investor Figure 7.1 How Hong Kong SAR, China and comparator economies rank on the strength of investor protection index Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 60 PROTECTING INVESTORS What are the changes over time? While the most recent Doing Business data reflect how And the global ranking on the strength of investor well regulations in Hong Kong SAR, China protect protection index over time shows whether the minority investors today, data over time show whether economy is slipping behind other economies in the protections have been strengthened (table 7.1). investor protections—or surpassing them. Table 7.1 The strength of investor protections in Hong Kong SAR, China over time By Doing Business report year Indicator DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. 3 3 Extent of disclosure 10 10 10 10 10 10 10 index (0-10) Extent of director 8 8 8 8 8 8 8 liability index (0-10) Ease of shareholder 8 9 9 9 9 9 9 suits index (0-10) Strength of investor 8.7 9.0 9.0 9.0 9.0 9.0 9.0 protection index (0-10) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 61 PROTECTING INVESTORS But the overall ranking on the strength of investor director liability and ease of shareholder suits indices protection index tells only part of the story. Economies may also be revealing (figure 7.2). Equally interesting may offer strong protections in some areas but not may be the changes over time in the regional average others. So the scores recorded over time for Hong scores for those indices. Kong SAR, China on the extent of disclosure, extent of Figure 7.2 Have investor protections become stronger? Strength of investor protection index (0-10) Extent of disclosure index (0-10) Doing Business 2012 Hong Kong SAR, China 62 PROTECTING INVESTORS Extent of director liability index (0-10) Ease of shareholder suits index (0-10) Note: The higher the score, the stronger the investor protections. The economy with the best performance regionally on each indicator, and the economy with the best performance globally, are included as benchmarks. In some cases 2 or more economies share the top regional or global ranking on an indicator. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 63 PROTECTING INVESTORS Economies with the strongest protections of minority time. So reforms to strengthen investor protections investors from self-dealing require more disclosure may move ahead on different fronts—such as through and define clear duties for directors. They also have new or amended company laws or civil procedure well-functioning courts and up-to-date procedural rules. What investor protection reforms has Doing rules that give minority investors the means to prove Business recorded in Hong Kong SAR, China (table their case and obtain a judgment within a reasonable 7.2)? Table 7.2 How has Hong Kong SAR, China strengthened investor protections—or not? By Doing Business report year DB Year Reform DB2012 No reform. DB2011 No reform. DB2010 No reform. DB2009 No reform. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 64 PROTECTING INVESTORS What are the details? The protecting investors indicators reported here for assigned for each of a range of conditions relating to Hong Kong SAR, China are based on detailed disclosure, director liability and shareholder suits in a information collected through a survey of corporate standard case study transaction (see the notes at the and securities lawyers and are based on securities end of this chapter). The summary below shows the regulations, company laws and court rules of evidence. details underlying the scores for Hong Kong SAR, To construct the extent of disclosure, extent of director China. liability and ease of shareholder suits indices, a score is Summary of scoring for the protecting investors indicators in Hong Kong SAR, China Hong Kong SAR, East Asia & Indicator OECD high income China Pacific Extent of disclosure index (0-10) 10 5 6 Extent of director liability index (0-10) 8 5 5 Ease of shareholder suits index (0-10) 9 6 7 Strength of investor protection index (0-10) 9.0 5.4 6.0 Score Extent of disclosure index (0-10) 10 What corporate body provides legally sufficient approval for the transaction? 3 Whether disclosure of the conflict of interest by Mr. James to the board of directors is 2 required? Whether immediate disclosure of the transaction to the public and/or shareholders is 2 required? Whether disclosure of the transaction in published periodic filings (annual reports) is 2 required? Whether an external body must review the terms of the transaction before it takes place? 1 Extent of director liability index (0-10) 8 Whether shareholders can sue directly or derivatively for the damage that the Buyer-Seller 1 transaction causes to the company? Whether shareholders can hold Mr. James liable for the damage that the Buyer-Seller 2 transaction causes to the company? Whether shareholders can hold members of the approving body liable for the damage that 2 the Buyer-Seller transaction causes to the company? Doing Business 2012 Hong Kong SAR, China 65 Score Whether a court can void the transaction upon a successful claim by a shareholder plaintiff? 1 Whether Mr. James pays damages for the harm caused to the company upon a successful 1 claim by the shareholder plaintiff? Whether Mr. James repays profits made from the transaction upon a successful claim by the 1 shareholder plaintiff? Whether fines and imprisonment can be applied against Mr. James? 0 Ease of shareholder suits index (0-10) 9 Whether shareholders owning 10% or less of Buyer's shares can inspect transaction 1 documents before filing suit? Whether shareholders owning 10% or less of Buyer's shares can request an inspector to 1 investigate the transaction? Whether the plaintiff can obtain any documents from the defendant and witnesses during 4 trial? Whether the plaintiff can request categories of documents from the defendant without 0 identifying specific ones? Whether the plaintiff can directly question the defendant and witnesses during trial? 2 Whether the level of proof required for civil suits is lower than that of criminal cases? 1 Strength of investor protection index (0-10) 9.0 Source: Doing Business database. Notes: Extent of disclosure index (0–10) Scoring for the extent of disclosure index is based on 5 components: Which corporate body can provide legally sufficient approval for the transaction 0 = CEO or managing director alone; 1 = shareholders or board of directors vote and Mr. James can vote; 2 = board of directors votes and Mr. James cannot vote; 3 = shareholders vote and Mr. James cannot vote. Whether disclosure of the conflict of interest by Mr. James to the board of directors is required 0 = no disclosure; 1 = disclosure of the existence of a conflict without any specifics; 2 = full disclosure of all material facts. Whether immediate disclosure of the transaction to the public, the regulator or the shareholders is required 0 = no disclosure; 1 = disclosure on the transaction only; 2 = disclosure on the transaction and Mr. James’s conflict of interest. Whether disclosure of the transaction in the annual report is required Doing Business 2012 Hong Kong SAR, China 66 0 = no disclosure; 1 = disclosure on the transaction only; 2 = disclosure on the transaction and Mr. James’s conflict of interest. Whether it is required that an external body (for example, an external auditor) review the transaction before it takes place 0 = no; 1 = yes. Extent of director liability index (0–10) Scoring for the extent of director liability index is based on 7 components: Whether shareholders can sue directly or derivatively for the damage that the Buyer-Seller transaction causes to the company 0 = suits are unavailable or available only for shareholders holding more than 10% of the company’s share capital; 1 = direct or derivative suits available for shareholders holding 10% of share capital or less. Whether shareholders can hold Mr. James liable for the damage that the transaction causes to the company 0 = Mr. James is not liable or is liable only if he acted fraudulently or in bad faith; 1 = Mr. James is liable if he influenced the approval or was negligent; 2 = Mr. James is liable if the transaction is unfair or prejudicial to the other shareholders. Whether shareholders can hold the approving body (the CEO or members of the board of directors) liable for the damage that the transaction causes to the company 0 = members of the approving body are either not liable or liable only if they acted fraudulently or in bad faith; 1 = liable for negligence in the approval of the transaction; 2 = liable if the transaction is unfair or prejudicial to the other shareholders. Whether a court can void the transaction upon a successful claim by a shareholder plaintiff 0 = rescission is unavailable or available only in case of Seller’s fraud or bad faith; 1 = rescission is available when the transaction is oppressive or prejudicial to the other shareholders; 2 = rescission is available when the transaction is unfair or entails a conflict of interest. Whether Mr. James pays damages for the harm caused to the company upon a successful claim by the shareholder plaintiff 0 = no; 1 = yes. Whether Mr. James repays profits made from the transaction upon a successful claim by the shareholder plaintiff 0 = no; 1 = yes. Whether both fines and imprisonment can be applied against Mr. James 0 = no; 1 = yes. Ease of shareholder suits index (0–10) Scoring for the ease of shareholder suits index is based on 6 components: What range of documents is available to the plaintiff from the defendant and witnesses during trial Score of 1 for each of the following: information that the defendant has indicated he intends to rely on for his defense; information that directly proves specific facts in the plaintiff’s claim; any information relevant to the subject matter of the claim; and any information that may lead to the discovery of relevant information. Doing Business 2012 Hong Kong SAR, China 67 Whether the plaintiff can directly examine the defendant and witnesses during trial 0 = no; 1 = yes, with prior approval by the court of the questions posed; 2 = yes, without prior approval. Whether the plaintiff can obtain categories of relevant documents from the defendant without identifying each document specifically 0 = no; 1 = yes. Whether shareholders owning 10% or less of the company’s share capital can request that a government inspector investigate the transaction without filing suit in court 0 = no; 1 = yes. Whether shareholders owning 10% or less of the company’s share capital have the right to inspect the transaction documents before filing suit 0 = no; 1 = yes. Whether the standard of proof for civil suits is lower than that for a criminal case 0 = no; 1 = yes. Strength of investor protection index (0–10) Simple average of the extent of disclosure, extent of director liability and ease of shareholder suits indices. Doing Business 2012 Hong Kong SAR, China 68 PAYING TAXES Taxes are essential. They fund the public amenities, WHAT THE PAYING TAXES INDICATORS infrastructure and services that are crucial for a MEASURE properly functioning economy. But the level of tax rates needs to be carefully chosen—and needless complexity in tax rules avoided. According to Tax payments for a manufacturing company Doing Business data, in economies where it is more in 2010 (number per year adjusted for difficult and costly to pay taxes, larger shares of electronic or joint filing and payment) economic activity end up in the informal sector— Total number of taxes and contributions paid, where businesses pay no taxes at all. including consumption taxes (value added tax, sales tax or goods and service tax) What do the indicators cover? Method and frequency of filing and payment Using a case scenario, Doing Business measures the taxes and mandatory contributions that a Time required to comply with 3 major taxes medium-size company must pay in a given year as (hours per year) well as the administrative burden of paying taxes Collecting information and computing the tax and contributions. This case scenario uses a set of payable financial statements and assumptions about Completing tax return forms, filing with transactions made over the year. Information is proper agencies also compiled on the frequency of filing and payments as well as time taken to comply with tax Arranging payment or withholding laws. The ranking on the ease of paying taxes is Preparing separate tax accounting books, if the simple average of the percentile rankings on required its component indicators: number of annual Total tax rate (% of profit before all taxes) payments, time and total tax rate, with a threshold 2 being applied to the total tax rate. To make the Profit or corporate income tax data comparable across economies, several Social contributions and labor taxes paid by assumptions about the business and the taxes and the employer contributions are used. Property and property transfer taxes  TaxpayerCo is a medium-size business that Dividend, capital gains and financial started operations on January 1, 2009. transactions taxes  The business starts from the same financial Waste collection, vehicle, road and other taxes position in each economy. All the taxes and mandatory contributions paid during the second year of operation are recorded.  Taxes and mandatory contributions include  Taxes and mandatory contributions are corporate income tax, turnover tax and all measured at all levels of government. labor taxes and contributions paid by the company.  A range of standard deductions and exemptions are also recorded. 2 The threshold is defined as the highest total tax rate among the top 30% of economies in the ranking on the total tax rate. It will be calculated and adjusted on a yearly basis. The threshold is not based on any underlying theory. Instead, it is intended to mitigate the effect of very low tax rates on the ranking on the ease of paying taxes. Doing Business 2012 Hong Kong SAR, China 69 PAYING TAXES Where does the economy stand today? What is the administrative burden of complying with Globally, Hong Kong SAR, China stands at 3 in the taxes in Hong Kong SAR, China—and how much do ranking of 183 economies on the ease of paying taxes firms pay in taxes? On average, firms make 3 tax (figure 8.1). The rankings for comparator economies payments a year, spend 80 hours a year filing, and the regional average ranking provide other useful preparing and paying taxes and pay total taxes information for assessing the tax compliance burden amounting to 17.6% of profit (see the summary at the for businesses in Hong Kong SAR, China. end of this chapter for details). Figure 8.1 How Hong Kong SAR, China and comparator economies rank on the ease of paying taxes Note: DB2012 rankings reflect changes to the methodology. For all economies with a total tax rate below the threshold of 32.5% applied in DB2012, the total tax rate is set at 32.5% for the purpose of calculating the ranking on the ease of paying taxes. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 70 PAYING TAXES What are the changes over time? While the most recent Doing Business data reflect how aspects of the process have changed — and which easy (or difficult) it is to comply with tax rules in Hong have not (table 8.1). That can help identify where the Kong SAR, China today, data over time show which potential for easing tax compliance is greatest. Table 8.1 The ease of paying taxes in Hong Kong SAR, China over time By Doing Business report year Indicator DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. 3 3 Payments (number per 4 4 4 4 4 3 3 year) Time (hours per year) 80 80 80 80 80 80 80 Total tax rate (% profit) 24.4 24.4 24.4 24.2 23.1 23.0 23.0 Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. For all economies with a total tax rate below the threshold of 32.5% applied in DB2012, the total tax rate is set at 32.5% for the purpose of calculating the rank on the ease of paying taxes. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 71 PAYING TAXES Equally helpful may be the benchmarks provided by SAR, China on ways to ease the administrative burden the economies that today have the best performance of tax compliance. And changes in regional averages regionally or globally on the number of payments or can show where Hong Kong SAR, China is keeping the time required to prepare and file taxes (figure 8.2). up—and where it is falling behind. These economies may provide a model for Hong Kong Figure 8.2 Has paying taxes become easier over time? Payments (number per year) Time (hours per year) Doing Business 2012 Hong Kong SAR, China 72 PAYING TAXES Total tax rate (% of profit) Note: The economy with the best performance regionally on each indicator, and the economy with the best performance globally, are included as benchmarks. The best performer globally on an indicator has implemented the most efficient practices in its tax system but is not necessarily the one with the highest ranking on the indicator. In some cases 2 or more economies share the top regional ranking on an indicator. DB2012 rankings reflect changes to the methodology. For all economies with a total tax rate below the threshold of 32.5% applied in DB2012, the total tax rate is set at 32.5% for the purpose of calculating the ranking on the ease of paying taxes. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 73 PAYING TAXES Economies around the world have made paying taxes concrete results. Some economies simplifying tax faster and easier for businesses—such as by payment and reducing rates have seen tax revenue consolidating filings, reducing the frequency of rise. What tax reforms has Doing Business recorded in payments or offering electronic filing and payment. Hong Kong SAR, China (table 8.2)? Many have lowered tax rates. Changes have brought Table 8.2 How has Hong Kong SAR, China made paying taxes easier—or not? By Doing Business report year DB Year Reform DB2012 No reform. DB2011 Hong Kong SAR (China) abolished the fuel tax on diesel. DB2010 No reform. DB2009 No reform. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 74 PAYING TAXES What are the details? The indicators reported here for Hong Kong SAR, transactions that the company completed during the China are based on a standard set of taxes and year. Respondents are asked how much in taxes and contributions that would be paid by the case study mandatory contributions the business must pay and company used by Doing Business in collecting the data what the process is for doing so. The taxes and (see the section in this chapter on what the indicators contributions paid are listed in the summary below, cover). Tax practitioners are asked to review standard along with the associated number of payments, time financial statements as well as a standard list of and tax rate. Summary of tax rates and administrative burden in Hong Kong SAR, China Hong Kong SAR, East Asia & Indicator OECD high income China Pacific Payments (number per year) 3 25 13 Time (hours per year) 80 215 186 Profit tax (%) 17.6 16.8 15.4 Labor tax and contributions (%) 5.3 10.7 24.0 Other taxes (%) 0.1 6.9 3.2 Total tax rate (% profit) 23.0 34.5 42.7 Total tax Notes on Tax or mandatory Payments Notes on Time Statutory Tax base rate (% of total tax contribution (number) payments (hours) tax rate profit) rate taxable Corporate income tax 1 50 16.5% 17.6 profits Employer paid - Mandatory gross Provident Fund (MPF) 1 online filing 30 5% 5.3 salaries contributions annual Property tax 1 online filing 0 5% 0.1 rental value Totals 3 80 23.0 Note: DB2012 rankings reflect changes to the methodology. For all economies with a total tax rate below the threshold of 32.5% applied in DB2012, the total tax rate is set at 32.5% for the purpose of calculating the ranking on the ease of paying taxes. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 75 TRADING ACROSS BORDERS In today’s globalized world, making trade between WHAT THE TRADING ACROSS BORDERS economies easier is increasingly important for INDICATORS MEASURE business. Excessive document requirements, burdensome customs procedures, inefficient port operations and inadequate infrastructure all lead to Documents required to export and import extra costs and delays for exporters and importers, (number) stifling trade potential. Research shows that Bank documents exporters in developing countries gain more from Customs clearance documents a 10% drop in their trading costs than from a similar reduction in the tariffs applied to their Port and terminal handling documents products in global markets. Transport documents What do the indicators cover? Time required to export and import (days) Doing Business measures the time and cost Obtaining all the documents (excluding tariffs) associated with exporting and Inland transport and handling importing a standard shipment of goods by ocean transport, and the number of documents necessary Customs clearance and inspections to complete the transaction. The indicators cover Port and terminal handling procedural requirements such as documentation requirements and procedures at customs and other Does not include ocean transport time regulatory agencies as well as at the port. They also Cost required to export and import (US$ per cover trade logistics, including the time and cost of container) inland transport to the largest business city. The All documentation ranking on the ease of trading across borders is the simple average of the percentile rankings on its Inland transport and handling component indicators: documents, time and cost Customs clearance and inspections to export and import. Port and terminal handling To make the data comparable across economies, Official costs only, no bribes Doing Business uses several assumptions about the business and the traded goods. The business:  Is of medium size and employs 60 people.  Do not require refrigeration or any other  Is located in the periurban area of the special environment. economy’s largest business city.  Do not require any special phytosanitary or  Is a private, limited liability company, environmental safety standards other than domestically owned, formally registered accepted international standards. and operating under commercial laws and regulations of the economy.  Are one of the economy’s leading export or import products. The traded goods:  Are transported in a dry-cargo, 20-foot full  Are not hazardous nor do they include container load. military items. Doing Business 2012 Hong Kong SAR, China 76 TRADING ACROSS BORDERS Where does the economy stand today? What does it take to export or import in Hong Kong Globally, Hong Kong SAR, China stands at 2 in the SAR, China? According to data collected by Doing ranking of 183 economies on the ease of trading Business, exporting a standard container of goods across borders (figure 9.1). The rankings for requires 4 documents, takes 5 days and costs $575. comparator economies and the regional average Importing the same container of goods requires 4 ranking provide other useful information for assessing documents, takes 5 days and costs $565 (see the how easy it is for a business in Hong Kong SAR, China summary of procedures and documents at the end of to export and import goods. this chapter for details). Figure 9.1 How Hong Kong SAR, China and comparator economies rank on the ease of trading across borders Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 77 TRADING ACROSS BORDERS What are the changes over time? While the most recent Doing Business data reflect how of the process have changed—and which have not easy (or difficult) it is to export or import in Hong Kong (table 9.1). That can help identify where the potential SAR, China today, data over time show which aspects for improvement is greatest. Table 9.1 The ease of trading across borders in Hong Kong SAR, China over time By Doing Business report year Indicator DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. 2 2 Documents to export 6 4 4 4 4 4 4 (number) Time to export (days) 13 6 6 6 6 6 5 Cost to export (US$ per 425 525 525 625 625 625 575 container) Documents to import 8 4 4 4 4 4 4 (number) Time to import (days) 17 5 5 5 5 5 5 Cost to import (US$ per 425 525 525 633 583 600 565 container) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. Source: Doing Business database. Equally helpful may be the benchmarks provided by China on ways to improve the ease of trading across the economies that today have the best performance borders. And changes in regional averages can show regionally or globally on the documents, time or cost where Hong Kong SAR, China is keeping up—and required to export or import (figure 9.2). These where it is falling behind. economies may provide a model for Hong Kong SAR, Doing Business 2012 Hong Kong SAR, China 78 TRADING ACROSS BORDERS Figure 9.2 Has trading across borders become easier over time? Documents to export (number) Time to export (days) Doing Business 2012 Hong Kong SAR, China 79 TRADING ACROSS BORDERS Cost to export (US$ per container) Documents to import (number) Doing Business 2012 Hong Kong SAR, China 80 TRADING ACROSS BORDERS Time to import (days) Cost to import (US$ per container) Note: The economy with the best performance regionally on each indicator, and the economy with the best performance globally, are included as benchmarks. In some cases 2 or more economies share the top regional or global ranking on an indicator. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 81 TRADING ACROSS BORDERS In economies around the world, trading across borders systems. These changes help improve the trading as measured by Doing Business has become faster and environment and boost firms’ international easier over the years. Governments have introduced competitiveness. What trade reforms has Doing tools to facilitate trade—including single windows, Business recorded in Hong Kong SAR, China (table risk-based inspections and electronic data interchange 9.2)? Table 9.2 How has Hong Kong SAR, China made trading across borders easier—or not? By Doing Business report year DB Year Reform DB2012 No reform. DB2011 No reform. DB2010 No reform. DB2009 No reform. Note: For information on reforms in earlier years (back to DB2006), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 82 TRADING ACROSS BORDERS What are the details? The indicators reported here for Hong Kong SAR, collected from local freight forwarders, shipping lines, China are based on a set of specific procedural customs brokers, port officials and banks. The requirements for trading a standard shipment of procedural requirements, and the associated time and goods by ocean transport (see the section in this cost, for exporting and importing a standard shipment chapter on what the indicators cover). Information on of goods are listed in the summary below, along with the procedures as well as the required documents and the required documents. the time and cost to complete each procedure is Summary of procedures and documents for trading across borders in Hong Kong SAR, China Hong Kong SAR, East Asia & Indicator OECD high income China Pacific Documents to export (number) 4 6 4 Time to export (days) 5 22 10 Cost to export (US$ per container) 575 906 1,032 Documents to import (number) 4 7 5 Time to import (days) 5 23 11 Cost to import (US$ per container) 565 954 1,085 Procedures to export Time (days) Cost (US$) Documents preparation 1 90 Customs clearance and technical control 1 0 Ports and terminal handling 2 265 Inland transportation and handling 1 220 Totals 5 575 Procedures to import Time (days) Cost (US$) Documents preparation 2 100 Customs clearance and technical control 1 0 Ports and terminal handling 1 265 Inland transportation and handling 1 200 Totals 5 565 Doing Business 2012 Hong Kong SAR, China 83 TRADING ACROSS BORDERS Documents to export Documents to import Bill of lading Bill of lading Commercial Invoice Customs import declaration Customs export declaration Commercial invoice Packing List Packing list Doing Business 2012 Hong Kong SAR, China 84 ENFORCING CONTRACTS Well-functioning courts help businesses expand WHAT THE ENFORCING CONTRACTS their network and markets. Without effective INDICATORS MEASURE contract enforcement, people might well do business only with family, friends and others with whom they have established relationships. Where Procedures to enforce a contract through contract enforcement is efficient, firms are more the courts (number) likely to engage with new borrowers or customers, Any interaction between the parties in a and they have greater access to credit. commercial dispute, or between them and the judge or court officer What do the indicators cover? Steps to file and serve the case Doing Business measures the efficiency of the judicial system in resolving a commercial dispute Steps for trial and judgment before local courts. Following the step-by-step Steps to enforce the judgment evolution of a standardized case study, it collects data relating to the time, cost and procedural Time required to complete procedures complexity of resolving a commercial lawsuit. The (calendar days) ranking on the ease of enforcing contracts is the Time to file and serve the case simple average of the percentile rankings on its Time for trial and obtaining judgment component indicators: procedures, time and cost. Time to enforce the judgment The dispute in the case study involves the breach of a sales contract between 2 domestic businesses. Cost required to complete procedures (% of The case study assumes that the court hears an claim) expert on the quality of the goods in dispute. This No bribes distinguishes the case from simple debt Average attorney fees enforcement. To make the data comparable across economies, Doing Business uses several Court costs, including expert fees assumptions about the case: Enforcement costs  The seller and buyer are located in the economy’s largest business city.  The buyer orders custom-made goods,  The dispute on the quality of the goods then fails to pay. requires an expert opinion.  The seller sues the buyer before a  The judge decides in favor of the seller; there competent court. is no appeal.  The value of the claim is 200% of income  The seller enforces the judgment through a per capita. public sale of the buyer’s movable assets.  The seller requests a pretrial attachment to secure the claim. Doing Business 2012 Hong Kong SAR, China 85 ENFORCING CONTRACTS Where does the economy stand today? How efficient is the process of resolving a commercial Globally, Hong Kong SAR, China stands at 5 in the dispute through the courts in Hong Kong SAR, China? ranking of 183 economies on the ease of enforcing According to data collected by Doing Business, contracts (figure 10.1). The rankings for comparator enforcing a contract requires 26 procedures, takes 280 economies and the regional average ranking provide days and costs 21.2% of the value of the claim (see the other useful benchmarks for assessing the efficiency of summary at the end of this chapter for details). contract enforcement in Hong Kong SAR, China. Figure 10.1 How Hong Kong SAR, China and comparator economies rank on the ease of enforcing contracts Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 86 ENFORCING CONTRACTS What are the changes over time? While the most recent Doing Business data reflect how indicators over time help identify which areas have easy (or difficult) it is to enforce a contract in Hong changed and where the potential for improvement is Kong SAR, China today, data on the underlying greatest (table 10.1). Table 10.1 The ease of enforcing contracts in Hong Kong SAR, China over time By Doing Business report year Indicator DB2004 DB2005 DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. .. .. 5 5 Time (days) 211 211 211 211 211 211 280 280 280 Cost (% of claim) 21.2 21.2 21.2 21.2 21.2 21.2 21.2 21.2 21.2 Procedures (number) 26 26 26 26 26 26 26 26 26 Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 87 ENFORCING CONTRACTS Equally helpful may be the benchmarks provided by for Hong Kong SAR, China on ways to improve the the economies that today have the best performance efficiency of contract enforcement. And changes in regionally or globally on the number of steps, time or regional averages can show where Hong Kong SAR, cost required to enforce a contract through the courts China is keeping up—and where it is falling behind. (figure 10.2). These economies may provide a model Figure 10.2 Has enforcing contracts become easier over time? Procedures (number) Time (days) Doing Business 2012 Hong Kong SAR, China 88 ENFORCING CONTRACTS Cost (% of claim) Note: The economy with the best performance regionally on each indicator, and the economy with the best performance globally, are included as benchmarks. In some cases 2 or more economies share the top regional or global ranking on an indicator. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 89 ENFORCING CONTRACTS Economies in all regions have improved contract periodic reviews to clear inactive cases from the docket enforcement in recent years. A judiciary can be and by making procedures faster. What reforms improved in different ways. Higher-income economies making it easier (or more difficult) to enforce contracts tend to look for ways to enhance efficiency by has Doing Business recorded in Hong Kong SAR, China introducing new technology. Lower-income economies (table 10.2)? often work on reducing backlogs by introducing Table 10.2 How has Hong Kong SAR, China made enforcing contracts easier—or not? By Doing Business report year DB Year Reform DB2012 No reform. Reforms implemented in the civil justice system of Hong DB2011 Kong SAR (China) will help increase the efficiency and cost- effectiveness of commercial dispute resolution. DB2010 No reform. DB2009 No reform. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 90 ENFORCING CONTRACTS What are the details? The indicators reported here for Hong Kong SAR, other court regulations, as well as through surveys China are based on a set of specific procedural steps completed by local litigation lawyers (and, in a quarter required to resolve a standardized commercial dispute of the economies covered by Doing Business, by through the courts (see the section in this chapter on judges as well). The procedures for resolving a what the indicators cover). These procedures, and the commercial lawsuit, and the associated time and cost, time and cost of completing them, are identified are listed in the summary below. through study of the codes of civil procedure and Summary of procedures for enforcing a contract in Hong Kong SAR, China—and the time and cost Hong Kong SAR, East Asia & Indicator OECD high income China Pacific Time (days) 280 518.71 518.03 Filing and service 5 Trial and judgment 230 Enforcement of judgment 45 Cost (% of claim) 21.2 47.79 19.71 Attorney cost (% of claim) 19.5 Court cost (% of claim) 0.7 Enforcement Cost (% of claim) 1 Procedures (number) 26 36.75 31.42 Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 91 RESOLVING INSOLVENCY A robust bankruptcy system functions as a filter, WHAT THE RESOLVING INSOLVENCY ensuring the survival of economically efficient companies and reallocating the resources of INDICATORS MEASURE inefficient ones. Fast and cheap insolvency proceedings result in the speedy return of Time required to recover debt (years) businesses to normal operation and increase Measured in calendar years returns to creditors. By improving the expectations of creditors and debtors about the outcome of Appeals and requests for extension are insolvency proceedings, well-functioning included insolvency systems can facilitate access to finance, Cost required to recover debt (% of debtor’s save more viable businesses and thereby improve estate) growth and sustainability in the economy overall. Measured as percentage of estate value What do the indicators cover? Court fees Doing Business studies the time, cost and outcome Fees of insolvency administrators of insolvency proceedings involving domestic entities. It does not measure insolvency Lawyers’ fees proceedings of individuals and financial Assessors’ and auctioneers’ fees institutions. The data are derived from survey Other related fees responses by local insolvency practitioners and verified through a study of laws and regulations as Recovery rate for creditors (cents on the well as public information on bankruptcy systems. dollar) The ranking on the ease of resolving insolvency is Measures the cents on the dollar recovered based on the recovery rate, which is recorded as by creditors cents on the dollar recouped by creditors through Present value of debt recovered reorganization, liquidation or debt enforcement (foreclosure) proceedings. The recovery rate is a Official costs of the insolvency proceedings are deducted function of time, cost and other factors, such as lending rate and the likelihood of the company Depreciation of furniture is taken into continuing to operate. account To make the data comparable across economies, Outcome for the business (survival or not) Doing Business uses several assumptions about the affects the maximum value that can be business and the case. It assumes that the recovered company:  Is a domestically owned, limited liability company operating a hotel.  Has 201 employees, 1 main secured creditor  Operates in the economy’s largest business and 50 unsecured creditors. city.  Has a higher value as a going concern—and the efficient outcome is either reorganization or sale as a going concern, not piecemeal liquidation. Doing Business 2012 Hong Kong SAR, China 92 RESOLVING INSOLVENCY Where does the economy stand today? Speed, low costs and continuation of viable businesses Globally, Hong Kong SAR, China stands at 16 in the characterize the top-performing economies. How ranking of 183 economies on the ease of resolving efficient are insolvency proceedings in Hong Kong insolvency (figure 11.1). The rankings for comparator SAR, China? According to data collected by Doing economies and the regional average ranking provide Business, resolving insolvency takes 1.1 years on other useful benchmarks for assessing the efficiency of average and costs 9% of the debtor’s estate. The insolvency proceedings in Hong Kong SAR, China. average recovery rate is 81.2 cents on the dollar. Figure 11.1 How Hong Kong SAR, China and comparator economies rank on the ease of resolving insolvency Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 93 RESOLVING INSOLVENCY What are the changes over time? While the most recent Doing Business data reflect the efficiency has changed—and where it has not (table efficiency of insolvency proceedings in Hong Kong 11.1). That can help identify where the potential for SAR, China today, data over time show where the improvement is greatest. Table 11.1 The ease of resolving insolvency in Hong Kong SAR, China over time By Doing Business report year Indicator DB2004 DB2005 DB2006 DB2007 DB2008 DB2009 DB2010 DB2011 DB2012 Rank .. .. .. .. .. .. .. 15 16 Time (years) 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 Cost (% of estate) 9 9 9 9 9 9 9 9 9 Recovery rate (cents on 81.2 81.2 81.2 79.0 79.0 79.8 79.8 81.2 81.2 the dollar) Note: n.a. = not applicable (the economy was not included in Doing Business for that year). DB2012 rankings reflect changes to the methodology. ―No practice‖ indicates that in each of the previous 5 years the economy had no cases involving a judicial reorganization, judicial liquidation or debt enforcement procedure (foreclosure). This means that creditors are unlikely to recover their money through a formal legal process (in or out of court). The recovery rate for ―no practice‖ economies is 0. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 94 RESOLVING INSOLVENCY Equally helpful may be the benchmarks provided by SAR, China on ways to improve the efficiency of the economies that today have the best performance insolvency proceedings. And changes in regional regionally or globally on the time or cost of insolvency averages can show where Hong Kong SAR, China is proceedings or on the recovery rate (figure 11.2). keeping up—and where it is falling behind. These economies may provide a model for Hong Kong Figure 11.2 Has resolving insolvency become easier over time? Time (years) Cost (% of estate) Doing Business 2012 Hong Kong SAR, China 95 RESOLVING INSOLVENCY Recovery rate (cents on the dollar) Note: The economy with the best performance regionally on each indicator, and the economy with the best performance globally, are included as benchmarks. In some cases 2 or more economies share the top regional or global ranking on an indicator. In cases where no data are displayed above for the economy, this indicates that the economy has received a “no practice� mark; see the data notes for details. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 96 RESOLVING INSOLVENCY A well-balanced bankruptcy system distinguishes change. Many recent reforms of bankruptcy laws have companies that are financially distressed but been aimed at helping more of the viable businesses economically viable from inefficient companies that survive. What insolvency reforms has Doing Business should be liquidated. But in some insolvency systems recorded in Hong Kong SAR, China (table 11.2)? even viable businesses are liquidated. This is starting to Table 11.2 How has Hong Kong SAR, China made resolving insolvency easier—or not? By Doing Business report year DB Year Reform DB2012 No reform. DB2011 No reform. DB2010 No reform. Trustees were granted more power in bankruptcy DB2009 proceedings, a change expected to make the liquidation procedure more efficient. Note: For information on reforms in earlier years (back to DB2005), see the Doing Business reports for these years, available at http://www.doingbusiness.org. Source: Doing Business database. Doing Business 2012 Hong Kong SAR, China 97 DATA NOTES The indicators presented and analyzed in Doing Business measure business regulation and the ECONOMY CHARACTERISTICS protection of property rights—and their effect on businesses, especially small and medium-size domestic firms. First, the indicators document the complexity of Gross national income (GNI) per capita regulation, such as the number of procedures to start a business or to register and transfer commercial Doing Business 2012 reports 2010 income per capita property. Second, they gauge the time and cost of as published in the World Bank’s World Development achieving a regulatory goal or complying with Indicators 2011. Income is calculated using the Atlas method (current US$). For cost indicators expressed regulation, such as the time and cost to enforce a as a percentage of income per capita, 2010 GNI in contract, go through bankruptcy or trade across U.S. dollars is used as the denominator. Data were borders. Third, they measure the extent of legal not available from the World Bank for Afghanistan; protections of property, for example, the protections Australia; The Bahamas; Bahrain; Brunei Darussalam; of investors against looting by company directors or Canada; Cyprus; Djibouti; the Islamic Republic of the range of assets that can be used as collateral Iran; Kuwait; New Zealand; Oman; Puerto Rico according to secured transactions laws. Fourth, a set of (territory of the United States); Qatar; Saudi Arabia; indicators documents the tax burden on businesses. Suriname; Taiwan, China; the United Arab Emirates; Finally, a set of data covers different aspects of West Bank and Gaza; and the Republic of Yemen. In employment regulation. these cases GDP or GNP per capita data and growth rates from the International Monetary Fund’s World The data for all sets of indicators in Doing Business Economic Outlook database and the Economist 3 2012 are for June 2011. Intelligence Unit were used. Region and income group Methodology Doing Business uses the World Bank regional and income group classifications, available at The Doing Business data are collected in a http://www.worldbank.org/data/countryclass. The standardized way. To start, the Doing Business team, World Bank does not assign regional classifications with academic advisers, designs a questionnaire. The to high-income economies. For the purpose of the questionnaire uses a simple business case to ensure Doing Business report, high-income OECD comparability across economies and over time—with economies are assigned the ―regional‖ classification assumptions about the legal form of the business, its OECD high income. Figures and tables presenting size, its location and the nature of its operations. regional averages include economies from all Questionnaires are administered through more than income groups (low, lower middle, upper middle 9,028 local experts, including lawyers, business and high income). consultants, accountants, freight forwarders, Population government officials and other professionals routinely administering or advising on legal and regulatory Doing Business 2012 reports midyear 2010 population statistics as published in World requirements. These experts have several rounds of Development Indicators 2011. interaction with the Doing Business team, involving conference calls, written correspondence and visits by the team. For Doing Business 2012 team members The Doing Business methodology offers several visited 40 economies to verify data and recruit advantages. It is transparent, using factual information respondents. The data from questionnaires are about what laws and regulations say and allowing subjected to numerous rounds of verification, leading multiple interactions with local respondents to clarify to revisions or expansions of the information collected. potential misinterpretations of questions. Having representative samples of respondents is not an issue; 3 The data for paying taxes refer to January – December 2010. Doing Business 2012 Hong Kong SAR, China 98 Doing Business is not a statistical survey, and the texts entrepreneurs reported in the World Bank Enterprise of the relevant laws and regulations are collected and Surveys or other perception surveys. answers checked for accuracy. The methodology is inexpensive and easily replicable, so data can be collected in a large sample of economies. Because Subnational Doing Business indicators standard assumptions are used in the data collection, This year Doing Business published a subnational study comparisons and benchmarks are valid across for the Philippines and a regional report for Southeast economies. Finally, the data not only highlight the Europe covering 7 economies (Albania, Bosnia and extent of specific regulatory obstacles to business but Herzegovina, Kosovo, the former Yugoslav Republic of also identify their source and point to what might be Macedonia, Moldova, Montenegro and Serbia) and 22 reformed. cities. It also published a city profile for Juba, in the Information on the methodology for each Doing Republic of South Sudan. Business topic can be found on the Doing Business The subnational studies point to differences in website at http://www.doingbusiness.org/methodology/. business regulation and its implementation—as well as in the pace of regulatory reform—across cities in the same economy. For several economies subnational Limits to what is measured studies are now periodically updated to measure The Doing Business methodology has 5 limitations that change over time or to expand geographic coverage should be considered when interpreting the data. First, to additional cities. This year that is the case for the the collected data refer to businesses in the economy’s subnational studies in the Philippines; the regional largest business city and may not be representative of report in Southeast Europe; the ongoing studies in regulation in other parts of the economy. To address Italy, Kenya and the United Arab Emirates; and the this limitation, subnational Doing Business indicators projects implemented jointly with local think tanks in were created (see the section on subnational Doing Indonesia, Mexico and the Russian Federation. Business indicators). Second, the data often focus on a Besides the subnational Doing Business indicators, specific business form—generally a limited liability Doing Business conducted a pilot study this year on company (or its legal equivalent) of a specified size— the second largest city in 3 large economies to assess and may not be representative of the regulation on within-country variations. The study collected data for other businesses, for example, sole proprietorships. Rio de Janeiro in addition to São Paulo in Brazil, for Third, transactions described in a standardized case Beijing in addition to Shanghai in China and for St. scenario refer to a specific set of issues and may not Petersburg in addition to Moscow in Russia. represent the full set of issues a business encounters. Fourth, the measures of time involve an element of judgment by the expert respondents. When sources Changes in what is measured indicate different estimates, the time indicators reported in Doing Business represent the median The methodology for 3 of the Doing Business topics values of several responses given under the was updated this year—getting credit, dealing with assumptions of the standardized case. construction permits and paying taxes. Finally, the methodology assumes that a business has First, for getting credit, the scoring of one of the 10 full information on what is required and does not components of the strength of legal rights index was waste time when completing procedures. In practice, amended to recognize additional protections of completing a procedure may take longer if the secured creditors and borrowers. Previously the business lacks information or is unable to follow up highest score of 1 was assigned if secured creditors promptly. Alternatively, the business may choose to were not subject to an automatic stay or moratorium disregard some burdensome procedures. For both on enforcement procedures when a debtor entered a reasons the time delays reported in Doing Business court-supervised reorganization procedure. Now the 2012 would differ from the recollection of highest score of 1 is also assigned if the law provides secured creditors with grounds for relief from an Doing Business 2012 Hong Kong SAR, China 99 automatic stay or moratorium (for example, if the regulatory environment for local entrepreneurs in each movable property is in danger) or sets a time limit for economy has changed over time. the automatic stay. Ease of doing business Second, because the ease of doing business index now The ease of doing business index ranks economies includes the getting electricity indicators, procedures, from 1 to 183. For each economy the ranking is time and cost related to obtaining an electricity calculated as the simple average of the percentile connection were removed from the dealing with rankings on each of the 10 topics included in the index construction permits indicators. in Doing Business 2012: starting a business, dealing Third, a threshold has been introduced for the total tax with construction permits, registering property, getting rate for the purpose of calculating the ranking on the credit, protecting investors, paying taxes, trading ease of paying taxes. All economies with a total tax across borders, enforcing contracts, resolving rate below the threshold (which will be calculated and insolvency and, new this year, getting electricity. The adjusted on a yearly basis) will now receive the same employing workers indicators are not included in this ranking on the total tax rate indicator. The threshold is year’s aggregate ease of doing business ranking. In not based on any underlying theory. Instead, it is addition to this year’s ranking, Doing Business presents meant to emphasize the purpose of the indicator: to a comparable ranking for the previous year, adjusted highlight economies where the tax burden on business for any changes in methodology as well as additions of 4 is high relative to the tax burden in other economies. economies or topics. Giving the same ranking to all economies whose total Construction of the ease of doing business index tax rate is below the threshold avoids awarding economies in the scoring for having an unusually low Here is one example of how the ease of doing business total tax rate, often for reasons unrelated to index is constructed. In the Republic of Korea it takes 5 government policies toward enterprises. For example, procedures, 7 days and 14.6% of annual income per economies that are very small or that are rich in capita in fees to open a business. There is no minimum natural resources do not need to levy broad-based capital required. On these 4 indicators Korea ranks in th th rd taxes. the 18 , 14 , 53 and 0 percentiles. So on average st Korea ranks in the 21 percentile on the ease of th starting a business. It ranks in the 12 percentile on Data challenges and revisions th getting credit, 25 percentile on paying taxes, 8 th th percentile on enforcing contracts, 7 percentile on Most laws and regulations underlying the Doing resolving insolvency and so on. Higher rankings Business data are available on the Doing Business indicate simpler regulation and stronger protection of website at http://www.doingbusiness.org. All the property rights. The simple average of Korea’s sample questionnaires and the details underlying the st percentile rankings on all topics is 21 . When all indicators are also published on the website. Questions economies are ordered by their average percentile on the methodology and challenges to data can be rankings, Korea stands at 8 in the aggregate ranking submitted through the website’s ―Ask a Question‖ on the ease of doing business. function at http://www.doingbusiness.org. More complex aggregation methods—such as principal components and unobserved components— Ease of doing business and distance to frontier 4 In case of revisions to the methodology or corrections to the underlying data, the data are back-calculated to provide a This year’s report presents results for 2 aggregate comparable time series since the year the relevant economy or topic measures: the aggregate ranking on the ease of doing was first included in the data set. The time series is available on the business and a new measure, the ―distance to frontier.‖ Doing Business website (http://www.doingbusiness.org). The Doing While the ease of doing business ranking compares Business report publishes yearly rankings for the year of publication as well as the previous year to shed light on year-to-year economies with one another at a point in time, the developments. Six topics and more than 50 economies have been distance to frontier measure shows how much the added since the inception of the project. Earlier rankings on the ease of doing business are therefore not comparable. Doing Business 2012 Hong Kong SAR, China 100 yield a ranking nearly identical to the simple average Consider the example of Canada. It stands at 12 in the 5 used by Doing Business. Thus, Doing Business uses aggregate ranking on the ease of doing business. Its the simplest method: weighting all topics equally and, ranking is 3 on both starting a business and resolving within each topic, giving equal weight to each of the insolvency, and 5 on protecting investors. But its 6 topic components. ranking is only 59 on enforcing contracts, 42 on trading across borders and 156 on getting electricity. If an economy has no laws or regulations covering a specific area—for example, insolvency—it receives a Variation in performance across the indicator sets is ―no practice‖ mark. Similarly, an economy receives a not at all unusual. It reflects differences in the degree ―no practice‖ or ―not possible‖ mark if regulation exists of priority that government authorities give to but is never used in practice or if a competing particular areas of business regulation reform and the regulation prohibits such practice. Either way, a ―no ability of different government agencies to deliver practice‖ mark puts the economy at the bottom of the tangible results in their area of responsibility. ranking on the relevant indicator. Economies that improved the most across 3 or more The ease of doing business index is limited in scope. It Doing Business topics in 2010/11 does not account for an economy’s proximity to large Doing Business 2012 uses a simple method to calculate markets, the quality of its infrastructure services (other which economies improved the most in the ease of than services related to trading across borders and doing business. First, it selects the economies that in getting electricity), the strength of its financial system, 2010/11 implemented regulatory reforms making it the security of property from theft and looting, its easier to do business in 3 or more of the 10 topics macroeconomic conditions or the strength of 7 included in this year’s ease of doing business ranking. underlying institutions. Thirty economies meet this criterion: Armenia, Burkina Variability of economies’ rankings across topics Faso, Burundi, Cape Verde, the Central African Republic, Chile, Colombia, the Democratic Republic of Each indicator set measures a different aspect of the Congo, Côte d'Ivoire, The Gambia, Georgia, Korea, business regulatory environment. The rankings of an Latvia, Liberia, FYR Macedonia, Mexico, Moldova, economy can vary, sometimes significantly, across Montenegro, Morocco, Nicaragua, Oman, Peru, Russia, indicator sets. The average correlation coefficient São Tomé and Príncipe, Senegal, Sierra Leone, between the 10 indicator sets included in the Slovenia, the Solomon Islands, South Africa and aggregate ranking is 0.36, and the coefficients Ukraine. Second, Doing Business ranks these between any 2 sets of indicators range from 0.17 economies on the increase in their ranking on the ease (between protecting investors and getting electricity) of doing business from the previous year using to 0.57 (between starting a business and protecting comparable rankings. investors). These correlations suggest that economies rarely score universally well or universally badly on the Selecting the economies that implemented regulatory indicators. reforms in at least 3 topics and improved the most in the aggregate ranking is intended to highlight economies with ongoing, broad-based reform programs. 5 See Simeon Djankov, Darshini Manraj, Caralee McLiesh and Rita Ramalho, ―Doing Business Indicators: Why Aggregate, and How to Distance to frontier measure Do It‖ (World Bank, Washington, DC, 2005). Principal components This year’s report introduces a new measure to and unobserved components methods yield a ranking nearly identical to that from the simple average method because both illustrate how the regulatory environment for local these methods assign roughly equal weights to the topics, since the businesses in each economy has changed over time. pairwise correlations among indicators do not differ much. An The distance to frontier measure illustrates the alternative to the simple average method is to give different weights distance of an economy to the ―frontier‖ and shows to the topics, depending on which are considered of more or less importance in the context of a specific economy. 6 7 A technical note on the different aggregation and weighting Doing Business reforms making it more difficult to do business are methods is available on the Doing Business website subtracted from the total number of those making it easier to do (http://www.doingbusiness.org). business. Doing Business 2012 Hong Kong SAR, China 101 the extent to which the economy has closed this gap The difference between an economy’s distance to over time. The frontier is a score derived from the most frontier score in 2005 and its score in 2011 illustrates efficient practice or highest score achieved on each of the extent to which the economy has closed the gap to the component indicators in 9 Doing Business indicator the frontier over time. sets (excluding the employing workers and getting The maximum (max) and minimum (min) observed electricity indicators) by any economy since 2005. In values are computed for the 174 economies included starting a business, for example, New Zealand has in the Doing Business sample since 2005 and for all achieved the highest performance on the time (1 day), years (from 2005 to 2011). The year 2005 was chosen Canada and New Zealand on the number of as the baseline for the economy sample because it was procedures required (1), Denmark and Slovenia on the the first year in which data were available for the cost (0% of income per capita) and Australia on the majority of economies (a total of 174) and for all 9 paid-in minimum capital requirement (0% of income indicator sets included in the measure. To mitigate the per capita). effects of extreme outliers in the distributions of the Calculating the distance to frontier for each economy rescaled data (very few economies need 694 days to involves 2 main steps. First, individual indicator scores complete the procedures to start a business, but many th are normalized to a common unit. To do so, each of need 9 days), the maximum (max) is defined as the 95 the 32 component indicators y is rescaled to (y − percentile of the pooled data for all economies and all min)/(max − min), with the minimum value (min) years for each indicator. representing the frontier—the highest performance on Take Colombia, which has a score of 0.21 on the that indicator across all economies since 2005. Second, distance to frontier measure for 2011. This score for each economy the scores obtained for individual indicates that the economy is 21 percentage points indicators are aggregated through simple averaging away from the frontier constructed from the best into one distance to frontier score. An economy’s performances across all economies and all years. distance to the frontier is indicated on a scale from 0 Colombia was further from the frontier in 2005, with a to 100, where 0 represents the frontier and 100 the score of 0.43. The difference between the scores shows lowest performance. an improvement over time. Doing Business 2012 Hong Kong SAR, China 102 RESOURCES ON THE DOING BUSINESS WEBSITE Current features Doing Business reforms News on the Doing Business project Short summaries of DB2012 business regulation http://www.doingbusiness.org reforms, lists of reforms since DB2008 and a ranking simulation tool Rankings http://www.doingbusiness.org/reforms/ How economies rank—from 1 to 183 http://www.doingbusiness.org/rankings/ Historical data Customized data sets since DB2004 Reports http://www.doingbusiness.org/custom-query/ Access to Doing Business reports as well as subnational and regional reports, reform case Law library studies and customized economy and regional Online collection of business laws and profiles regulations relating to business and gender http://www.doingbusiness.org/reports/ issues http://www.doingbusiness.org/law-library/ Methodology http://wbl.worldbank.org/ The methodologies and research papers underlying Doing Business Contributors http://www.doingbusiness.org/methodology/ More than 9,000 specialists in 183 economies who participate in Doing Business Research http://www.doingbusiness.org/contributors/doing- Abstracts of papers on Doing Business topics business/ and related policy issues http://www.doingbusiness.org/research/ Doing Business 2012 Hong Kong SAR, China 103