Bills Committee on
Revenue (Profits Tax Exemption for Offshore Funds) Bill 2005

Third meeting on Monday, 28 November 2005, at 4:30 pm
in Conference Room B of the Legislative Council Building

AGENDA

I.Confirmation of minutes of meeting
(4:30 pm - 4:32 pm)

LC Paper No. CB(1)362/05-06
(issued vide LC Paper No. CB(1)370/05-06 on 24 November 2005)

-Minutes of second meeting held on 25 October 2005

II.Meeting with the Administration
(4:32 pm - 6:25 pm)

Clause-by-clause examination of the Bill

LC Paper No. CB(3)770/04-05
(issued on 30 June 2005)

-The Bill

LC Paper No. CB(1)2043/04-05(01)
(issued on 14 July 2005)

-Marked-up copy of the Revenue (Profits Tax Exemption for Offshore Funds) Bill 2005

LC Paper No. CB(1)363/05-06(01)
(English version attached)
(Chinese version attached)

-Draft Committee Stage amendments proposed by the Administration (as at 24 November 2005)

LC Paper No. CB(1)363/05-06(02)
(English version attached)
(Chinese version to follow)

-Marked-up copy of the Bill showing the draft proposed Committee Stage amendments provided by the Administration (as at 24 November 2005)

LC Paper No. CB(1)385/05-06(01)
(English version attached)
(Chinese version to follow)

-Letter dated 25 November 2005 from the Assistant Legal Adviser to the Administration

LC Paper No. CB(1)385/05-06(02)
(attached)

-Extracts of relevant statutory provisions

Other relevant papers

LC Paper No. CB(1)363/05-06(03)
(issued on 24 November 2005)

-"List of follow-up actions to the second meeting on 25 October 2005" prepared by the Legislative Council Secretariat

LC Paper No. CB(1)117/05-06(02)
(English version issued on 24 November 2005)
(Chinese version to follow)

-Summary of submissions and Administration's responses (Position as at 24 November 2005)

(A list of relevant papers previously issued is in the Appendix.)

III.Any other business
(6:25 pm - 6:30 pm)

Council Business Division 1
Legislative Council Secretariat
25 November 2005

Appendix

Other relevant papers previously issued

Background information on the Bill

Ref: FIN CR3/7/2201/02
(issued on 28 June 2005)

-The Legislative Council Brief on "Revenue (Profits Tax Exemption for Offshore Funds) Bill 2005" issued by the Financial Services and the Treasury Bureau

LC Paper No. LS91/04-05
(issued vide LC Paper No. CB(2)2220/04-05 on 7 July 2005)

-The Legal Service Division Report

LC Paper No. CB(1)2044/04-05(01)
(issued on 14 July 2005)

-Background brief prepared by the Legislative Council Secretariat

Papers prepared by the Secretariat

LC Paper No. CB(1)44/05-06(21)
(issued on 13 October 2005)

-"List of follow-up actions to the first meeting on 15 July 2005" prepared by the Legislative Council Secretariat

LC Paper No. CB(1)117/05-06(01)
(English version only)
(issued on 21 October 2005)

-Summary of submissions (Position as at 21 October 2005)

Papers provided by the Administration

LC Paper No. CB(1)2078/04-05(01) (Revised)
(issued on 26 July 2005)

-Power-point presentation material provided by the Inland Revenue Department

LC Paper No. CB(1)44/05-06(22)
(English version issued on 13 October 2005)
(Chinese version issued vide LC Paper No. CB(1)317/05-06 on 17 November 2005)

-Paper provided by the Administration on "Follow-up to meeting on 15 July 2005"

LC Paper No. CB(1)150/05-06(01) (Revised)
(issued vide LC Paper No. CB(1)172/05-06 on 27 October 2005)

-Speaking note of Commissioner of Inland Revenue

Correspondences between the Administration and the Legal Service Division

LC Paper No. CB(1)44/05-06(23)
(issued vide LC Paper No. CB(1)71/05-06 on 18 October 2005)

-Letter dated 27 August 2005 from the Assistant Legal Adviser to the Administration, with extracts of relevant statutory provisions

LC Paper No. CB(1)44/05-06(24)
(English version issued vide LC Paper No. CB(1)117/05-06 on 21 October 2005)
(Chinese version issued vide LC Paper No. CB(1)326/05-06 on 18 November 2005)

-Paper provided by the Administration on "Response to issues raised by the LegCo Assistant Legal Adviser in letter dated 27 August 2005"

Submissions received

LC Paper No. CB(1)44/05-06(01)
(English version only)
(issued vide LC Paper No. CB(1)71/05-06 on 18 October 2005)

-Submission dated 15 October 2005 from Capital Markets Tax Committee of Asia

LC Paper No. CB(1)44/05-06(02) (Revised)
(English version only)
(issued vide LC Paper No. CB(1)98/05-06 on 19 October 2005)

-Submission dated 10 October 2005 from British Chamber of Commerce in Hong Kong

LC Paper No. CB(1)44/05-06(03)
(English version only)
(issued on 13 October 2005)

-Submission dated 3 September 2005 from Clifford Chance

LC Paper No. CB(1)44/05-06(04)
(English version only)
(issued on 13 October 2005)

-Submission dated 3 September 2005 from The Hong Kong Society of Financial Analysts Limited

LC Paper No. CB(1)44/05-06(05)
(English version only)
(issued on 13 October 2005)

-Submission dated 2 September 2005 from Ernst & Young Tax Services Limited

LC Paper No. CB(1)44/05-06(06)
(English version only)
(issued vide LC Paper No. CB(1)71/05-06 on 18 October 2005)

-Submission dated 13 October 2005 from PricewaterhouseCoopers Ltd.

LC Paper No. CB(1)44/05-06(07)
(English version only)
(issued vide LC Paper No. CB(1)138/05-06 on 24 October 2005)

-Submission dated 24 October 2005 from Hong Kong Institute of Certified Public Accountants

LC Paper No. CB(1)44/05-06(08)
(English version issued on 13 October 2005)
(Chinese version issued vide LC Paper No. CB(1)135/05-06 on 24 October 2005)

-Submission dated 7 October 2005 from Deloitte Touche Tohmatsu

LC Paper No. CB(1)44/05-06(09)
(English version only)
(issued vide LC Paper No. CB(1)71/05-06 on 18 October 2005)

-Submission dated 14 October 2005 from Hong Kong Investment Funds Association

LC Paper No. CB(1)44/05-06(10)
(English version only)
(issued on 13 October 2005)

-Submission dated 12 October 2005 from KPMG Tax Limited

LC Paper No. CB(1)44/05-06(11)
(English version only)
(issued on 13 October 2005)

-Submission dated 3 September 2005 from The Taxation Institute of Hong Kong

LC Paper No. CB(1)44/05-06(12)
(English version only)
(issued on 13 October 2005)

-Submission dated 13 October 2005 from The Alternative Investment Management Association (Hong Kong Chapter)

LC Paper No. CB(1)44/05-06(13)
(English version only)
(issued vide LC Paper No. CB(1)117/05-06 on 21 October 2005)

-Submission dated 19 October 2005 from Hong Kong General Chamber of Commerce (Taxation Committee)

LC Paper No. CB(1)44/05-06(14)
(English version only)
(issued on 13 October 2005)

-Submission dated 15 September 2005 from CPA Australia, Hong Kong China Division

LC Paper No. CB(1)44/05-06(15)
(English version only)
(issued on 13 October 2005)

-Submission dated 4 October 2005 from The Law Society of Hong Kong

LC Paper No. CB(1)44/05-06(16)
(English version only)
(issued on 13 October 2005)

-Submission dated 7 October 2005 from The Association of Chartered Certified Accountants (Hong Kong)

LC Paper No. CB(1)44/05-06(17)
(English version only)
(issued on 13 October 2005)

-Submission dated 7 October 2005 from Hong Kong Venture Capital and Private Equity Association

LC Paper No. CB(1)44/05-06(18)
(English version only)
(issued vide LC Paper No. CB(1)71/05-06 on 18 October 2005)

-Submission dated 14 October 2005 from The Hong Kong Association of Banks

LC Paper No. CB(1)44/05-06(19)
(English version only)
(issued on 13 October 2005)

-First submission dated 10 August 2005 from Mr David GUNSON

LC Paper No. CB(1)44/05-06(20)
(English version only)
(issued on 13 October 2005)

-Second submission dated 13 September 2005 from Mr David GUNSON

LC Paper No. CB(1)138/05-06(01)
(English version only)
(issued on 24 October 2005)

-Submission dated 25 October 2005 from Goldman Sachs (Asia) L.L.C.

LC Paper No. CB(1)138/05-06(02)
(English version only)
(issued on 24 October 2005)

-Submission dated 24 October 2005 from SINOPIA Asset Management (Asia Pacific) Limited

LC Paper No. CB(1)172/05-06(01)
(English version only)
(issued on 27 October 2005)

-Submission dated 25 October 2005 from Deacons

LC Paper No. CB(1)172/05-06(02)
(English version only)
(issued on 27 October 2005)

-Submission dated 25 October 2005 from Hong Kong Stockbrokers Association

Council Business Division 1
Legislative Council Secretariat
25 November 2005