Hong Kong (HK)

Jurisdiction Overview

IDQuestionAnswer
158 *Are there no undue notification and appeal rights against bank information exchange on request? Yes, but some problems.
 Data Date: 2019

Notes

 
While section B2 (regarding notification and appeal rights) of Hong Kong's Global Forum Peer review is found to be in place, we consider that there are some concerns because even if the taxpayer is not notified before the exchange of information (for example, for urgency reasons), he/she will still be notified at the time of the disclosure to the requesting jurisdiction and he/she may request a copy of the information exchanged (GF 2013: 94). The Global Forum's 2019 review indicates that Hong Kong allows for both prior notification and post notification, but also for exceptions for not issuing notification (GF 2019: 103). Moreover, it notes that the Inland Revenue Department (IRD) “would accept requests for not issuing notifications or prior notifications made by requesting jurisdictions if reasonable grounds are given to support this request" (ibid).
 
Regarding appeal rights, "there are no inbuilt timelines to ensure the response of the Financial Secretary in the case of an appeal on the CIR's [Commissioner of Inland Revenue] decision regarding the information disclosed or to be disclosed to the partner" (GF 2019: 99, 101).

Sources

GF 2013: 94; GF 2019: 94, 99-104