Tax Information Exchange Agreement with Hong Kong

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 28 March 2012:

Decision Reference: MD-C-2012-0040
Decision Summary Title :	Double Taxation Agreement (DTA) between the Government of Jersey and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China		Date of Decision Summary:	28 March 2012
Decision Summary Author:	Project and Research Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Double Taxation Agreement (DTA) between the Government of Jersey and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China		Date of Written Report:	28 March 2012
Written Report Author:	Adviser – International Affairs		Written Report : Public or Exempt?	Public
Subject: Double Taxation Agreement (DTA) between the Government of Jersey and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China.
Decision(s): The Chief Minister agreed to lodge 'au Greffe' the Report and Proposition inviting the States Assembly to ratify the Double Taxation Agreement between the Government of Jersey and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China.
Reason(s) for Decision: The Double Taxation Agreement signed between the Government of Jersey and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China is the standard OECD agreement between countries to remove double taxation obstacles for the development of economic relations, and so facilitate exchange of goods and services and movements of capital, technology and people. It also delivers the OECD agreed international standard on tax transparency and exchange of information. The signing of the double taxation agreement with the Government of the Hong Kong Special Administrative Region of the People’s Republic of China is a significant step. Jersey is keen to develop its international business relationships, and therefore it is considered in the Island’s best interests that, through the double taxation agreement with the Government of the Hong Kong Special Administrative Region of the People’s Republic of China, Jersey will be further strengthening its international political and business relationships.
Resource Implications: There are no resource implications arising from the ratification and implementation of the double taxation agreement with the Government of the Hong Kong Special Administrative Region of the People’s Republic of China.
Action required: The Greffier of the States is requested to lodge ‘au Greffe’ the Double Taxation Agreement between the Government of Jersey and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China.
Signature:		Position: Senator I J Gorst, Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):