CAP. 316 L Census and Statistics (Annual Survey of Imports and Exports of Services) Order

CENSUS AND STATISTICS (ANNUAL SURVEY OF IMPORTS AND EXPORTS OF SERVICES) ORDER
( CAP. 316 sub. leg. L )

---

Empowering section (30/06/1997)

(Cap 316 section 11)

(L.N. 13 of 1984)

---

Paragraph 1 Citation (30/06/1997)

This order may be cited as the Census and Statistics (Annual Survey of Imports and Exports of Services) Order.

---

Paragraph 2 Interpretation (30/06/1997)

In this order, unless the context otherwise requires -

"business undertaking" (商業經營) means an undertaking carrying on business in Hong Kong;

"survey" (調查) means the statistical survey referred to in paragraph 3;

"survey period" (調查期) means the statistical survey period referred to in paragraph 6;

"undertaking" (經營) includes an undertaking carried on by a non-profit making body or a statutory body.

---

Paragraph 3 Survey of imports and exports of services (30/06/1997)

A statistical survey shall be carried out by the Commissioner every year in respect of business undertakings in Hong Kong for the purpose of compiling statistics relating to imports and exports of services in the survey period.

---

Paragraph 4 Information required to be given (30/06/1997)

For the purpose of a survey carried out in any year, information in respect of the matters specified in the Schedule shall be given in relation to business undertakings for the survey period and shall, not later than 31 July in that year, or such later date as the Commissioner may specify in any particular case, be furnished to the Commissioner in accordance with such form of questionnaire as the Commissioner may issue for that purpose.

---

Paragraph 5 Persons required to give information (30/06/1997)

The information required to be given under paragraph 4 in respect of a business undertaking shall be given-

1. in the case of a business undertaking which is a body corporate, by a director, secretary or other person concerned in the management thereof;
2. in the case of a business undertaking which is a partnership, by any partner thereof;
3. in any other case, by the proprietor of the business undertaking.

---

Paragraph 6 The survey period (30/06/1997)

For the purpose of this order, the survey period in relation to any year in which a survey is carried out under paragraph 3 shall be the calendar year immediately preceding that year or such other period of 12 consecutive months commencing in that calendar year and ending not later than 31 March in the following year as the Commissioner may specify in any particular case.

---

Paragraph 7 Sampling methods may be used (30/06/1997)

The use of sampling methods for the collection of information relevant to the survey is hereby authorized.

---

Paragraph 8 Application of order in certain cases (30/06/1997)

This order shall apply in relation to a business undertaking notwithstanding that it commenced business after the commencement of a survey period or ceased to carry on business during that period.

---

Paragraph 9 Date for destruction of schedules (30/06/1997)

All completed schedules collected or received by census officers for a survey and all copies thereof shall be destroyed not later than 31 July in the third year following the year in which the survey is carried out.

---

Schedule (30/06/1997)

MATTERS IN RESPECT OF WHICH INFORMATION IS REQUIRED TO BE GIVEN

1. 1. Name and address of the relevant business undertaking.
   2. Business registration number of the relevant business undertaking.
   3. Number of persons engaged.
   4. Type of legal entity.
   5. Type of business.
   6. The actual period within the relevant survey period that the relevant business undertaking has been carrying on its business.
   7. Nature of transactions and the type of services involved.
   8. Relationship with parties involved in such transactions who are not resident in Hong Kong.
   9. Receipts arising from such transactions, by type of service and place of residence of the party to whom service is rendered or from whom service is provided, as the case may be.
   10. Payments arising from such transactions, by type of service and place of residence of the party to whom service is rendered or from whom service is provided, as the case may be.
2. In this Schedule-
   "place of residence" , in relation to a party to whom service is rendered or from whom service is provided, means-
   1. where the party is a person other than an individual person-
      1. carrying on or conducting productive operations, the place in which such operations are carried on or conducted; or
      2. carrying on or conducting operations other than productive operations, the place in which the party is established or incorporated; and
   2. where the party is an individual person, the place in which the party resides;
   "relevant business undertaking" , in relation to a questionnaire issued pursuant to paragraph 4, means the business undertaking for which the questionnaire is so issued;
   "relevant survey period" , in relation to a questionnaire issued pursuant to paragraph 4, means the survey period for which the questionnaire is so issued.
3. Where information is given in relation to paragraph 1(1) to (6), (9) and (10) by business undertakings submitting a combined return, the information is required in relation to each undertaking.