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LOWTAX OFFSHORE

HONG KONG: INSURANCE


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BACK TO HONG KONG INFORMATION: BUSINESS, TAXATION AND OFFSHORE

In this Section:

- HONG KONG OFFSHORE BUSINESS SECTORS
- HONG KONG BANKING AND FINANCIAL SERVICES
- HONG KONG THE SECURITIES MARKET
- HONG KONG VENTURE CAPITAL SECTOR
- HONG KONG INVESTMENT FUND MANAGEMENT
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HONG KONG FINANCIAL HOLDING AND INVESTMENT ACTIVITIES
- HONG KONG BOOKING CENTRE COMPANIES
- HONG KONG PROFESSIONAL SERVICES
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HONG KONG HEADQUARTERS COMPANIES
- HONG KONG SHIP MANAGEMENT AND MARITIME OPERATIONS


Insurance in Hong Kong

Hong Kong offers an excellent environment for insurers and reinsurers amidst a global trend of convergence among financial services industries with its sophisticated capital markets and concentration of fund managers. Being a leading insurance centre in Asia, Hong Kong has attracted many of the world's top insurance companies. The insurance industry had a stock of US$ 4.1 billion in foreign direct investment as at end-1998. Hong Kong has the largest number of authorised insurance companies in Asia. The industry has also built up a critical mass of professionals.

As at 31 August 2004, there were 181 authorized insurers in Hong Kong, of which 117 were pure general insurers, 45 were pure long-term insurers and the remaining 19 were composite insurers. Total gross premiums grew by 14.6% during 2003 to HK$102.0 billion, representing 8.3% of the Hong Kong Gross Domestic Product.

According to figures released by the Census & Statistics Department, the business receipts of all service industries in Hong Kong rose in value in the third quarter 2007, over the same period in the previous year.

Among them, finance-industry business receipts rose 100.1%, and those for insurance industries 41.8%.

Taking advantage of a more liberal regional insurance market after the 1990s financial crisis in Asia, many foreign insurers and reinsurers have positioned to expand their market share in the region. The accession of China to the WTO has accelerated the process. A number of foreign insurers and reinsurers have newly announced to expand their regional operations in Hong Kong to cater for the development of the regional insurance market (as well as the MPF market in Hong Kong). Mainland affiliated companies are also linking up with foreign insurers in Hong Kong to cater for the mainland business.

A large number of insurers are incorporated overseas, and most of these are in the general business sector. Among the overseas incorporated insurers, the US and the UK hold the lead. Big players have a dominant presence in the market. The top 10 insurers take more than one third of the general insurance market, and the top 10 long term insurers ahave more than 80% of the long term insurance market.

Short-term prospects for the insurance industry are enhanced by the sharp recovery of regional economic activities and the launching of the Mandatory Provident Fund (MPF) scheme (which began collecting contributions in December 2000). The MPF scheme is estimated to inject an extra of US$4-5 billion a year of retirement funds for the next 30 to 40 years until the system matures. Insurance companies will play a vital role in not just administering the MPF, but also operating master trusts and directing funds to various external fund managers.

Hong Kong’s insurance sector was given a stable outlook by ratings agency Standard & Poor’s in August 2004, although the firm warned that consolidation was likely in the territory's fragmented industry. S&P observed that the local insurance market has been resilient amid the economic downturn and has survived intense competition, volatile markets and the outbreak of SARS in 2003.

Whilst ratings on local insurance firms are unlikely to come under downward pressure, S&P warned that smaller companies without a sustainable and defendable niche may be squeezed out. “Perhaps the most obvious defect afflicting both sides of the broader industry in Hong Kong is the disparity between the larger and the smaller operators,” noted managing director Ian Thompson.

“Both the life and the non-life sectors in the territory are overcrowded and smaller companies that cannot find their own niche may find themselves pushed out of the market,” he observed.

Asia, in particular China, continues to be viewed by global insurers and reinsurers as the region most likely to provide growth in the longer term and help balancing international risk concentrations away from Europe and North America. Exemplifying this trend, the French AXA Group, the biggest insurance company worldwide, established its Asia Pacific headquarters in Hong Kong in a bid to tap into what it calls tomorrow's insurance market.

Hong Kong is relatively new to the concept of captive insurers - companies set up so that the parent company can insure its own risk, keeping the insurance premiums within the group structure - but the Office of the Commissioner of Insurance has been actively promoting Hong Kong as an excellent environment for captives from mainland China, citing a well-developed infrastructure, advanced telecommunications, the rule of law, independent judicial power and an efficient workforce. With the enactment of the Insurance Companies (Amendment) Ordinance 1997 on May 1 1997, concessions are well in place in the territory's regulatory framework to provide incentives for multinational conglomerates to establish their captive insurers in the SAR.

In April 2004 a row developed between Hong Kong's insurance industry and the Inland Revenue Department over a provision contained in new International Accounting Standards Board rules which could exempt some investment-linked insurance products from tax.

Currently, the Hong Kong government imposes a standard profits tax of 17.5% on 5% of the aggregate annual premium income of such insurance products. However, under Rule IFRS4, set to come into force next year, policyholder contributions to investment-linked products are not classified as premium income.

Insurance firms argue that therefore, under Hong Kong law, policyholder contributions (which will exceed $16 billion in 2005) should be exempted from tax when the new rules come into effect.

PricewaterhouseCoopers tax partner, Tim Lui Tim-leung predicted that: "Both sides will stand firm. The government stands to lose a huge source of tax income, while the insurance companies could add an equivalent amount to their bottom lines."

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