Question 1 (28 marks)

Moon Hong Kong Limited

Moon Hong Kong Limited ("Moon HK") carries on a business in Hong Kong, the shares of

which are listed on the Hong Kong Stock Exchange. Moon HK was a manufacturer of cutlery.

To take advantage of lower labour and other costs in the Mainland of China ("the Mainland"),

Moon HK has set up a wholly owned subsidiary, Moon Manufacturing Limited ("Moon

Manufacturing") in the Mainland for the manufacture of the cutlery. Moon Manufacturing was

registered as a wholly foreign owned enterprise in the Mainland in the year 2015. Moon

Manufacturing was granted a licence to carry on manufacturing and trading in the Mainland.

Moon Manufacturing Limited

The business licence of Moon Manufacturing is an import processing licence. It was so

arranged that Moon HK would sell raw materials to Moon Manufacturing and, after processing,

buy finished goods from Moon Manufacturing. Customs reporting documents show that Moon

Manufacturing takes up the title of raw materials upon import and transfers the title of finished

goods upon export. The sale and purchase contracts were prepared by the sale and purchasing

department of Moon HK in HK office. The pricing of the raw materials and finished goods

to/from Moon Manufacturing was determined on an arm's length basis. To fac ilitate the

manufacturing process, moulds owned by Moon HK were transferred to Moon Manufacturing

for its use, at no cost. However, the moulds are only used to manufacture finished goods

supplied to Moon HK. In addition, a number of senior management staff employed by Moon

HK are stationed in Moon Manufacturing to monitor and manage its operations.

Moon Overseas Limited

Moon Overseas Limited ("Moon Overseas"), incorporated and carrying on business in Country

X, is a wholly owned subsidiary of Moon HK. From June 2019, Moon HK sells the finished

goods to Moon Overseas at a price 20% below the market price. After that, finished goods are

said to be sold by Moon Overseas to end customers in Hong Kong at a market price. Profits

from sale of finished goods in the Hong Kong market are taken up by Moon Overseas.

Moon Overseas is a tax resident in Country X and is taxed in Country X. Moon Overseas

asserts that it does not have a permanent establishment in Hong Kong.