Intellectual Property Law

How to Register a Domain Name in Hong Kong

By IBLS Editor

Hong Kong Domain Name Registration Company Limited (?HK DNR?) is the Hong Kong?s authority in charge of domain name registrations since 2001.  HK DNR is under the control of the Hong Kong Internet Registration Corporation Limited which is the national registry and registrar for the registration and assignment of domain names in this country.  Companies or individuals can register the following country top-level domain names: .COM.HK, .EDU.HK, .GOV.HK, .HK, .NET.HK, .ORG.HK in English and other Chinese domain names.  This article provides start-up guidance on how to register these English domain names in Hong Kong.

An individual or company registering a country top-level domain name in Hong Kong must abide by the HK DNR Registration Agreement, the Rules for Domain Names and Sub-domain Names of February 2008, and the Dispute Resolution Policy of 2005.  According to Hong Kong?s laws, an individual or company may register up to 10 English domain names and up to 5 Chinese domain names at a time.  Minors are allowed to register domain names with proper consent from their parents.  The law considers minors those between 11 and 17 years old.

The following are the basic requirements for each domain name registration: 

.HK:  this country top-level domain name may be registered by local or foreign individuals or companies.  Thus, a United States or European company may register its company?s domain name under Hong Kong?s country top-level even if the company is not registered in Hong Kong. 

.ORG.HK: any not-for-profit organization registered in Hong Kong or approved by the Hong Kong government as a not-for-profit entity after showing proper documentation may register this domain name in Hong Kong.

.EDU.HK:  is a domain name available for registered schools and educational institutions in Hong Kong. 

.NET.HK:  this domain name is only available for companies managing network infrastructure, services, or machines holding a license for these activities from the Hong Kong authority. 

.GOV.HK: these are only available for government offices or department of the Hong Kong?s government.

.COM.HK: this domain name is available for companies or commercial entities registered in Hong Kong.  Thus, foreign companies not registered in Hong Kong cannot obtain a .COM.HK domain name unless those companies are also registered in this country.

HK DNR requires that any applicant for a country top-level domain in Hong Kong provides the following warranties to the HK DNR office:

1. that the ?Domain Name will not infringe or otherwise violate the legal rights of any third party;
2. that the applicant intends to use the Domain Name;
3. that the ?use of the Domain Name shall be bona fide for your own benefit and shall be for lawful purposes?;
4. that the applicant ?will not knowingly use the Domain Name in violation of any applicable laws and regulations?;
5. that all the information the applicant or its agent provides to the HK DNR, ?including further additions or alterations to such information, is true and accurate?; and
6. that the applicant will notify the HK DNR of any claim, action or lawsuit arising out of or related to the registration of the Hong Kong domain name.

According to the Registration Agreement, the effects of an approved domain name do not provide ownership on the domain name; just the right to use such domain name.  Applicants may use the services of agents but the applicants are the sole responsible for the compliance of the Registration Agreement, Rules, and Dispute Resolution Policy.

By registering a country top-level domain name in Hong Kong, applicants abide by the dispute resolution policy rules determined by HK DNR (Hong Kong Domain Name Registration Company Limited Domain Name Dispute Resolution Policy) in place since 2005.  This includes submission of any dispute to Mandatory Arbitration Procedures as the only mechanism to solve domain name disputes.  

Registration of a domain name in Hong Kong starts by filling out the respective online application found on HK DNR page and by choosing a Contract Period.  Renewals will accrue the day after the Contract Period expires and after the respective renewal fee has been paid.  Some documentation proving eligibility may be required to process registration of domain names.  HK DNR lists those documents required by each of the country top-level domain names available.  These eligibility documents may be submitted by fax, regular mail, or electronic means.    Electronic documents will only be accepted on .pdf, .gif, or .jpg format. 

HK DNR office will not register domain names that:  have 1-character word; are generic top-level domains, including sponsored top-level domains; are full names or abbreviations of  local regions or districts; are 2-character country codes as defined in ISO 3166; constitute common surnames or family names; is a domain name included in HK DNR Reserve List.  Additionally, special rules apply for the registration of domain names containing the words ?bank,? ?government,? ?insurance,? ?assurance.?  Domain names using these words are subject to Hong Kong domestic regulations for these organizations. 

Approval of domain names use will be issued on a first-come-first-served basis.   To issue this approval, applicants must have at least 2 independent name serves listed in their application form. 

Cancellation of domain names may be obtained by submitting an online cancellation form to the HK DNR office.  The respective account password must be included in the cancellation form.  Cancellation will be effective 7 calendar days after the HK DNR contacts the administration and technical departments.

Domain name registration fees may be paid by 1, 2, 3, and 5 year contract and they are assessed depending on the type of domain name chose. 

.HK:    HK$250 one year contract
           HK$500 two year contract
             HK$625 three year contract
            HK$1,000 five year contract.

.COM.HK, .ORG.HK, .NET.HK, .GOV.HK, .EDU.HK:

    HK$200 one year contract
   HK$400 two year contract
   HK$500 three year contract
   HK$800 five year contract.

Full post as published by IBLS Internet Law Blog on March 24, 2008 (boomark / email).