may disclose the information in public court proceedings or in judicial
including, in case of Hong Both Sides also specify in
Kong, the decisions of the Board of the Protocol to the Comprehensive be disclosed to any other jurisdiction furnished the information in the first
Information received by the Mainland from the competent authority
of Hong Kong will not be used by the Mainland to impose taxes which are not taxes covered by the Comprehensive Arrangement, such as custom duties and value-added taxes.
Paragraph 2 of Article 24 specifies that in no case shall the
provisions of paragraph 1 in relation to the exchange of information be construed so as to impose on One Side the obligation to carry out administrative measures at variance with the laws and the administrative practice of either Side; to supply information which is not obtainable under the laws or in the normal course of the administration of either Side; or to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which
would be contrary to public policy.
The power conferred on the Inland Revenue Department by virtue of
the provisions of the Ordinance in relation to the seeking of information is restricted to cases where any matter relating to any liability or obligation of any
person under the Ordinance is at issue.
Currently the Department would, in general, not provide automatic
exchange of information, such as supply of bank interest information on a periodic basis. Nor would the Department spontaneously provide information which it supposes to be of interest to the Mainland. The Department will only supply information upon specific requests received from the competent authority of the Mainland in justifiable cases, and only where such requests are in compliance with the conditions as laid down in the Comprehensive
These general rules will also be adopted by the Mainland.
taxation procedures should be exhausted in the first for information would be made to the Other Side.