Compulsory Quarantine of Certain Persons Arriving at Hong Kong Regulation (Cap. 599C)
Exemption for Directors or Executives of Hong Kong-listed Companies Included in
Hang Seng Index, Hang Seng China Enterprises Index
or Hang Seng Composite LargeCap, MidCap or SmallCap Index
Notes to Application
- Category of Persons Eligible for Exemption
- Directors or executives of companies listed on Stock Exchange of Hong Kong (“SEHK”) and included in Hang Seng Index, Hang Seng China Enterprises Index or Hang Seng Composite LargeCap, MidCap or SmallCap Index who travel from the Mainland to Hong Kong, or return from the Mainland to Hong Kong, for essential business activities.
- The eligibility is quota-based and applications would be considered on a task-specific and scheme-specified basis.
- Examples of Essential Business Activities Eligible for Exemption
- travelling to Hong Kong from the Mainland to attend board meeting of the relevant listed companies held in Hong Kong
- travelling to Hong Kong from the Mainland to attend meeting with clients for the relevant listed companies held in Hong Kong;
- travelling to Hong Kong from the Mainland to attend business review meeting of the relevant listed companies held in Hong Kong;
- travelling to Hong Kong from the Mainland to execute legal documents for the relevant listed companies;
- returning to Hong Kong after travelling to the Mainland for attending board meeting of the relevant Hong Kong-listed companies
- returning to Hong Kong after travelling to the Mainland for attending meeting with clients for the relevant Hong Kong-listed companies;
- returning to Hong Kong after travelling to the Mainland for attending business review meeting of the relevant Hong Kong-listed companies; and
- returning to Hong Kong after travelling to the Mainland for executing legal documents for the relevant Hong Kong-listed companies.
- Quota of Exemption
- Each of the eligible listed companies (see Part 1) can only nominate a maximum of two persons (who can be directors and/or executives) for the exemption in each calendar month.
- The listed companies cannot change the nominated directors/executives for the month (regardless of whether the directors / executives have eventually used the exemption) once the approval has been given, but can nominate other directors/executives in the next month.
- Each nominated director/executive may (i) travel from the Mainland to Hong Kong; or (ii) return to Hong Kong from the Mainland one time in each calendar month with the compulsory quarantine waived. Multiple applications from the same director/executive within the same calendar month will not be accepted.
- Specified Time Period for Exemption
- For persons travelling to Hong Kong for essential business activities:
- Unless constrained by practical circumstances (including transportation), the date of arriving Hong Kong should not be earlier than the day immediately before the completion of the essential business activities (e.g. relevant meeting date). The agreed arrival date(s) would be stipulated in the authorisation letter issued by the Financial Services and the Treasury Bureau (“FSTB”);
- For persons returning to Hong Kong after travelling to the Mainland for essential business activities:
- Unless constrained by practical circumstances (including transportation), the date of returning to Hong Kong from the Mainland should not be later than the day immediately after the completion of the essential business activities (e.g. relevant meeting). The agreed arrival date would be stipulated in the authorisation letter issued by FSTB.
- For persons travelling to Hong Kong for essential business activities:
- Standard Conditions (please refer to the authorisation letter for final conditions)
- For all persons upon arrival in or return to Hong Kong, they must:
- be subject to medical surveillance arranged by the Department of Health during his/her stay in Hong Kong.
- wear a face mask in any public places during the first 14 days of their stay in Hong Kong;
- check body temperature daily during the first 14 days of their stay in Hong Kong; and
- report to the Department of Health on any discomfort during the first 14 days of their stay in Hong Kong.
- For persons returning to Hong Kong after travelling to the Mainland, they must:
- only travel to and stay at the Mainland cities where they conduct the specified duties; and
- take every precautionary measure to ensure personal hygiene and avoid unnecessary social contact whilst in the Mainland.
- The relevant directors/executives must show the authorisation letter issued by FSTB and valid travel document to the staff at the border in order to be exempted from the compulsory quarantine requirement.
- If necessary, FSTB may revoke the approved exemption.
- Application Procedures and Supporting Document(s) Required
- The listed companies must submit the application form together with a copy of the relevant supporting documents, including:
- letter issued by the listed company to certify the name(s) and position(s) of the directors or executives;
- information about the relevant essential business activities;
- notice of the relevant meetings; and
- photocopy of ID card / passport of applicants
- The listed companies must submit the application form together with a copy of the relevant supporting documents, including:
to HKEX at least three working days prior to the expected date of arrival at Hong Kong.
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- If the persons travelling to Hong Kong or returning to Hong Kong from the Mainland are constrained by practical circumstances and cannot meet the general specified time period for exemption in Part 4 above, they should also provide written explanation with supporting documents (such as flight itinerary) as appropriate.
- Application can be submitted either by email or by fax to the contact information of the contact persons in the Listing Division of HKEX for listed companies.[1]
- This application form can be downloaded at https://www.hkex.com.hk/-/media/HKEX-Market/Listing/Rules-and-Guidance/Other-Resources/Listed-Issuers/Joint-Statement-with-SFC/Application_Form_for_Exemption_for_Directors_or_Executives.pdf
- Enquiries
- Enquiries should be directed to HKEX as set out in Part 6 above.
The above information is provided by the HKEX.