Article 3 - General Definitions - Hong Kong

ARTICLE 3 GENERAL DEFINITIONS 1. For the purposes of this Agreement, unless the context otherwise requires: (a) (i) the term Hong Kong Special Administrative Region means any place where the tax laws of the Hong Kong Special Administrative Region of the People s Republic of China apply; (ii) the term India means the territory of India and includes the territorial sea and airspace above it, as well as any other maritime zone in which India has sovereign rights, other rights and jurisdiction, according to the Indian law and in accordance with international law, including the United Nations Convention on the Law of the Sea; (b) the term company means any body corporate or any entity that is treated as a body corporate for tax purposes; (c) the term competent authority means: (i) in the case of the Hong Kong Special Administrative Region: the Commissioner of Inland Revenue or his authorized representative; (ii) in the case of India: the Finance Minister, Government of India, or his authorized representative; (d) the term Contracting Party or the other Contracting Party means the Hong Kong Special Administrative Region or India, as the context requires; (e) the term domestic law , in relation to the Hong Kong Special Administrative Region means the internal law of the Hong Kong Special Administrative Region; (f) the terms enterprise of a Contracting Party and enterprise of the other Contracting Party mean respectively an enterprise carried on by a resident of a Contracting Party and an enterprise carried on by a resident of the other Contracting Party; (g) the term international traffic means any transport by a ship or aircraft operated by an enterprise of a Contracting Party, except when the ship or aircraft is operated solely between places in the other Contracting Party; (h) the term national , in relation to India means: (i) any individual possessing the nationality of India; and (ii) any legal person, partnership or association deriving its status as such from the laws in force in India; (i) the term person includes an individual, a company, a trust, a partnership and any other body of persons which is treated as a taxable unit under the taxation laws in force in the respective Contracting Parties; (j) the term tax means Hong Kong Special Administrative Region tax or Indian tax, as the context requires; (k) (i) the term year of assessment , in the case of the Hong Kong Special Administrative Region, means the period of 12 months commencing on the first day of April in any year; (ii) the term fiscal year , in the case of India, means the financial year commencing on the first day of April in one calendar year and ending on the thirty-first day of March in the following calendar year. 2. As regards the application of the Agreement at any time by a Contracting Party, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that Party for the purposes of the taxes to which the Agreement applies, any meaning under the applicable tax laws of that Party prevailing over a meaning given to the term under other laws of that Party.