10 Jan 2020
Can a Hong Kong Permanent Resident Establish a Mainland-Based Healthcare Facility?
According to the provisions of the Agreement on Trade in Services and a number of other documents related to the Mainland-Hong Kong Closer Economic Partnership Agreement (CEPA), any duly-qualified Hong Kong permanent resident with Chinese citizenship can establish a mainland-based clinic (in the form of a personally-owned business) without first having to secure foreign investment approval, except any instance relating to franchising. It is then down to the local market regulator to register the clinic in accordance with the relevant mainland legal requirements. While there is no limit on the number of employees or size of operational premises for such individually-owned establishment, should a Hong Kong permanent resident seek to open any other kind of medical facility – such as a hospital – they must first secure foreign investment approval and register with the appropriate provincial-level health commission and the department of commerce with local jurisdiction.