Investing in UK Assets from Hong Kong: A Guide for International Investors
Published By FJP Investment Editorial Team
Hong Kong investors have always tended to think internationally.
That is hardly surprising.
Hong Kong is one of the world’s major financial centres, sitting between Mainland China and global capital markets, with investors accustomed to holding assets across several currencies and jurisdictions.
The United Kingdom has also maintained particularly strong financial, legal, educational and personal links with Hong Kong for generations.
For some investors, that means owning British property. For others, it means holding shares, funds or sterling assets. Increasingly, experienced investors may also consider private credit, property finance, corporate debt and other alternative investment opportunities.
But investing in the UK from Hong Kong is not simply a matter of transferring Hong Kong dollars into sterling and choosing an attractive-looking opportunity.
Tax, currency, investor classification, regulatory restrictions, liquidity and cross-border due diligence all need to be considered.
This guide looks at some of the main issues Hong Kong-based investors should understand when considering UK assets.
Important: This article is provided for general educational purposes only. It does not constitute investment, legal or tax advice, an invitation to invest or a recommendation of any investment. The availability of any particular investment to a person in Hong Kong will depend on applicable UK and Hong Kong laws, investor classification and the circumstances of the specific opportunity.
Why do Hong Kong investors look at the UK?
There is no single answer.
Some Hong Kong families have long-standing connections with Britain through education, business, family or property ownership.
Others simply view the UK as another large developed market within an international investment portfolio.
Potential attractions can include:
- an established legal system;
- a mature property market;
- a substantial financial-services sector;
- access to private and public companies;
- sterling-denominated assets;
- property and development finance;
- private-credit opportunities;
- portfolio diversification; and
- exposure outside Asian markets.
None of these means every UK investment is attractive.
The words UK asset tell an investor where something is situated or incorporated. They do not tell you whether the price, structure, security or risk makes sense.
The quality of the underlying investment remains more important than the flag attached to it.
UK property remains a familiar starting point
Direct British property is probably one of the most familiar UK investments for Hong Kong buyers.
Some investors purchase property for rental income. Others buy accommodation for children studying in Britain, maintain a UK residence or hold real estate as part of a broader international portfolio.
But overseas buyers need to calculate the full cost rather than concentrating on the advertised purchase price.
For qualifying residential purchases in England and Northern Ireland, non-UK resident buyers can currently face an additional 2 percentage-point Stamp Duty Land Tax surcharge.
This is added on top of any other residential SDLT rates that apply.
HMRC explains the current treatment in its guidance for non-UK resident property buyers.
Owning a Hong Kong home can matter for UK Stamp Duty
This catches some overseas investors by surprise.
The UK’s higher SDLT rates for additional residential property can take account of qualifying residential property already owned anywhere in the world.
So somebody living in Hong Kong who already owns their home there should not automatically assume that their first British property will be treated as though they own no other property.
Depending on the transaction, the additional-property rates and the non-resident surcharge can both be relevant.
Our detailed guide to buying UK property from overseas examines SDLT, mortgages, ownership structures, rental income, management and other practical issues in more detail.
UK property is only one way of gaining UK exposure
This is where the conversation becomes more interesting for experienced investors.
Owning a flat in Britain is not the same thing as investing in Britain.
An international investor can potentially gain exposure to UK economic activity through:
- listed shares;
- government and corporate bonds;
- funds;
- private equity;
- private credit;
- property and development finance;
- asset-backed lending;
- growth capital; and
- other specialist private investment structures.
Each behaves differently.
An investor providing secured debt to a British company takes a different risk from somebody purchasing an apartment in Manchester or shares in a FTSE-listed business.
Those differences should be understood before comparing headline returns.
Why private credit may interest Hong Kong investors
Private credit has become a much larger part of global corporate finance.
Instead of borrowing solely from a traditional bank or issuing publicly traded bonds, companies increasingly raise privately negotiated debt from funds, institutions and experienced private investors.
For the investor, an opportunity might involve:
- a defined investment period;
- contractual interest;
- security over assets in some structures;
- exposure to an identifiable borrower;
- a specified use of investor funds; and
- a contractual repayment mechanism.
That can make the commercial proposition relatively easy to understand.
But private credit also introduces substantial risks.
Borrowers can default. Security can prove insufficient. Investments can be illiquid. Refinancing can fail. And some private debt investments operate outside mainstream regulated investment protections.
Our guide to private credit investing for international investors looks at these issues in considerably greater detail.
A fixed coupon does not make the return certain
A Hong Kong investor may be presented with a UK investment offering, for example, a fixed annual coupon over three or five years.
The contractual number is straightforward.
The credit risk is not.
An investor should ask:
- Who legally owes me the money?
- What will my capital be used for?
- How does the borrower generate the interest?
- How will my original capital be repaid?
- What other debt already exists?
- What security is available?
- Who ranks ahead of me?
- What happens if the borrower defaults?
A 10% contractual return only has value if the issuer is capable of paying it.
Our article on fixed-return investments sets out twelve questions investors can use when examining these structures.
What does asset backed mean?
Private investments are sometimes marketed as secured, property backed or asset backed.
Those descriptions can be meaningful, but investors need to look underneath them.
Useful questions include:
- What asset actually supports the investment?
- Who owns it?
- What is it worth today?
- Who produced the valuation?
- How much debt is secured against it?
- What ranking does the investor have?
- Who holds the security?
- What happens during enforcement?
A £20 million asset does not provide £20 million of investor protection if a bank already has a £17 million first-ranking claim over it.
Likewise, the projected value of a completed development is not necessarily the amount recoverable from an unfinished project during financial distress.
Our guide to asset-backed investments and security explains first charges, second-ranking security, LTV, asset coverage, valuations and security trustees in more detail.
Hong Kong’s tax system is very different from the UK’s
Cross-border investors should be particularly cautious about making assumptions based on the tax rules they are accustomed to at home.
Hong Kong broadly operates a territorial tax system.
Its tax regime is relatively simple compared with many jurisdictions and generally does not impose capital gains tax, VAT or sales tax, estate duty or withholding tax on ordinary dividends and interest.
However, this should not be translated into the assumption that every overseas investment received by every Hong Kong investor is automatically tax free.
The treatment depends on the investor, source and type of income, and different provisions can apply to companies and multinational groups.
Hong Kong’s foreign-sourced income exemption regime, for example, contains specific rules relevant to certain foreign-source income received by multinational-group entities.
The Hong Kong Government provides an overview of its prevailing tax policy, while the Inland Revenue Department provides more detailed guidance for individual and corporate taxpayers.
A UK investment can still create UK tax consequences
The fact that an investor lives in Hong Kong does not necessarily remove UK taxation from UK assets.
For example:
- UK rental property can generate taxable UK property income;
- non-residents can face UK tax and reporting obligations when disposing of UK land and property;
- UK-source interest or other investment income may have its own treatment;
- company ownership can create additional tax considerations; and
- estate and residence circumstances can affect other UK taxes.
The correct treatment depends on the individual asset and investor.
Cross-border tax advice should therefore normally be obtained before making a material investment rather than after the first payment arrives.
The UK and Hong Kong have a Double Taxation Agreement
The United Kingdom and Hong Kong have an established Double Taxation Agreement covering income and capital gains.
The treaty entered into force in 2010 and was subsequently modified by the international Multilateral Instrument.
Those modifications are now effective for relevant UK and Hong Kong taxes.
The agreement can influence which jurisdiction has taxing rights and whether relief can be claimed where income might otherwise face tax in both places.
But the treaty does not turn every UK investment into a tax-free investment for a Hong Kong resident.
The treatment varies according to the nature of the income and the investor.
HMRC publishes the current UK–Hong Kong Double Taxation Agreement and supporting documents.
Hong Kong dollar investors also have sterling currency exposure
Currency deserves more attention than it sometimes receives.
The Hong Kong dollar operates under Hong Kong’s Linked Exchange Rate System and is maintained within a defined range against the US dollar.
The Hong Kong Monetary Authority currently operates convertibility undertakings at HK$7.75 and HK$7.85 to US$1 around the linked rate of approximately HK$7.80.
You can read more about the system through the Hong Kong Monetary Authority.
A sterling investment therefore introduces a meaningful currency exposure for somebody whose wealth is measured primarily in Hong Kong dollars.
If sterling strengthens substantially against the US-dollar/Hong-Kong-dollar relationship, a sterling asset becomes worth more in HKD terms.
If sterling weakens, some of the sterling investment return can disappear when the proceeds are converted back.
Consider an investment that produces 8% in sterling.
That does not necessarily mean the investor’s wealth measured in Hong Kong dollars has increased by exactly 8%.
Foreign exchange can change the final result.
Currency exposure works both ways
This is important because currency is sometimes described only as a risk.
It can also increase returns.
If an investor acquires sterling when the pound is relatively weak and sterling subsequently appreciates, the currency movement can enhance the investment result when translated back into Hong Kong dollars.
But attempting to predict exchange rates consistently is extremely difficult.
The sensible approach is simply to recognise that:
A sterling asset gives a Hong Kong investor exposure to both the investment itself and the exchange rate.
Hong Kong has its own Professional Investor regime
This is particularly relevant for private investments.
Hong Kong’s Securities and Futures Ordinance and Professional Investor Rules contain specific categories of Professional Investor.
For an individual, one of the statutory tests broadly involves having a portfolio of at least HK$8 million, or the equivalent in another currency, subject to the detailed rules concerning how that portfolio is calculated and evidenced.
Different thresholds and requirements apply to corporations, partnerships and trust corporations.
The Hong Kong Securities and Futures Commission provides information on the Professional Investor exemption and offers of investments.
Hong Kong Professional Investor and UK investor classifications are not the same thing
This distinction is crucial.
Some UK high-risk investment promotions are restricted to particular classes of eligible investor, which can include investors meeting applicable UK high-net-worth or sophisticated-investor criteria.
Hong Kong has its own separate Professional Investor rules.
Meeting one jurisdiction’s test does not automatically mean that an investor satisfies every test in the other jurisdiction.
For somebody sitting in Hong Kong, both the characteristics of the investor and the way the investment information is communicated may therefore matter.
This is why FJP Investment does not treat an investor declaration simply as an administrative formality.
Eligibility needs to be established before detailed information concerning specific private opportunities is provided.
Private investment promotions in Hong Kong require care
Hong Kong law places restrictions on advertisements, invitations and documents concerning investments.
The Securities and Futures Ordinance contains exemptions in certain circumstances, including relevant offers made only to Professional Investors.
That does not mean the words Professional Investor create a universal licence to market any investment in any manner.
The particular instrument, communication, issuer, intermediary and circumstances matter.
Consequently, somebody being eligible to receive information about an opportunity under UK rules does not automatically determine how that opportunity can lawfully be communicated in Hong Kong.
Appropriate legal and regulatory advice should be taken by businesses operating cross-border.
Why this matters for investors as well as businesses
An investor should generally regard a proper eligibility process as reassuring rather than inconvenient.
If somebody approaches an ordinary retail investor in Hong Kong with an unregulated overseas private investment and appears completely uninterested in investor classification, financial-promotion restrictions or suitability of the audience, that should prompt questions.
High-risk private investments are not designed for everybody.
Regulatory restrictions exist precisely because the potential losses can be substantial.
Liquidity can be particularly important for Hong Kong investors
Many investors in Hong Kong are internationally mobile.
Business interests and family arrangements may span Hong Kong, Mainland China, Singapore, Australia, the UK, Canada or the United States.
A five-year private investment therefore needs to be considered realistically.
If there is no active secondary market, the investor may not be able to access the capital simply because circumstances change.
An investment described as three years should be approached on the assumption that capital may genuinely be committed for those three years.
And if the borrower experiences difficulty, recovery can take substantially longer.
Liquidity should therefore be evaluated alongside the proposed return rather than after investing.
Due diligence matters even more across 9,500 kilometres
A Hong Kong investor can be presented with an attractive UK property development, company or private-credit opportunity without ever physically seeing it.
Technology makes international investing easier.
It does not make due diligence less important.
Depending on the investment, investors may want to review areas such as:
- the legal issuer;
- corporate structure;
- directors and management;
- financial information;
- existing borrowing;
- use of investor funds;
- property title;
- planning;
- independent valuations;
- security;
- contracts;
- cash-flow projections;
- repayment strategy; and
- the downside scenario.
UK public records can assist with parts of that process.
Companies House provides corporate filings. HM Land Registry can provide title information for registered property in England and Wales. Planning information can normally be reviewed through the relevant local authority.
Independent solicitors, accountants and surveyors can then provide specialist analysis where appropriate.
Do not confuse access with due diligence
This is worth emphasising in private markets.
An introducer may give an investor access to an opportunity they would not otherwise have seen.
That access is not a substitute for understanding the investment.
The investor should know:
- who the issuer is;
- who manages the underlying business;
- where the money goes;
- who holds any security;
- who owes the investment return;
- what regulatory protection exists; and
- how the original capital is expected to be repaid.
Different organisations may perform each of those functions.
UK property investment from Hong Kong also needs local management
For investors who prefer direct real estate, distance creates practical considerations.
A Hong Kong owner of a flat in London, Manchester or Birmingham may require a local letting or managing agent to deal with:
- finding tenants;
- rent collection;
- repairs;
- inspections;
- legal compliance;
- deposit administration;
- emergencies; and
- eventual reletting.
Those costs reduce net yield.
Leasehold apartments may also involve service charges, reserve funds and major works.
Our guide to leasehold service charges explains why these costs should be investigated before buying rather than simply deducted from the first rental statement afterwards.
Property income remains taxable in the UK
An overseas landlord can remain liable for UK tax on income generated from UK property.
The UK’s Non-resident Landlords Scheme also governs how rental income can be paid where the landlord’s usual place of abode is outside the UK.
A landlord may be approved to receive rent without tax being deducted at source, but that does not itself make the underlying rental income tax free.
The tax position should therefore form part of the original investment calculation.
Selling UK property while living in Hong Kong
Non-residents can also face UK Capital Gains Tax and reporting requirements when disposing of UK property or land.
This matters when calculating an eventual exit.
A good investment analysis should consider:
What do I receive when I buy?
and
What will I actually keep when I eventually sell?
Acquisition taxes, management, financing, income tax, maintenance and exit taxation can all affect the overall result.
Alternative investments remove some property responsibilities, but introduce different risks
One reason an international investor might consider private debt rather than personally owning another overseas property is operational simplicity.
The investor does not necessarily have to deal with tenants, boilers, service charges or conveyancing every time a property changes hands.
But the risks have not vanished.
They have changed.
The investor may instead have exposure to:
- borrower default;
- corporate credit;
- security values;
- business execution;
- refinancing;
- illiquidity;
- regulatory risk; and
- possible loss of capital.
Neither direct property nor private investment is automatically superior.
The investor needs to understand which risks they are more comfortable accepting.
How much should an investor allocate?
There is no universal answer.
But concentration deserves attention, particularly in private markets.
An investor could own five different private debt investments and believe the portfolio is diversified.
If every borrower ultimately depends on UK residential property prices continuing to rise, the economic exposure may be considerably more concentrated than the product names suggest.
Consider:
- borrower concentration;
- sector concentration;
- property exposure;
- currency exposure;
- maturity dates;
- liquidity; and
- the proportion of overall wealth committed to high-risk assets.
Experienced investing is not only about finding good opportunities.
It is also about surviving the ones that do not work.
Questions a Hong Kong investor should ask
Before investing into a UK private opportunity from Hong Kong, useful questions include:
- What exactly am I investing in?
- Who is the legal issuer or borrower?
- What will my capital be used for?
- How does the business generate the proposed return?
- How will my original capital be repaid?
- What security exists?
- Where does that security rank?
- What is the downside scenario?
- How liquid is the investment?
- What UK tax applies?
- What Hong Kong tax considerations apply?
- How does the UK–Hong Kong tax treaty affect me?
- What GBP/HKD currency exposure am I taking?
- What regulatory protections exist?
- What investor classification is required?
- Can the investment lawfully be communicated to me in Hong Kong?
- What independent professional advice should I obtain?
If those questions cannot be answered clearly, the investor probably needs more information before considering the return.
How FJP Investment works with international investors
FJP Investment has operated within the alternative investment market since 2013.
We work with qualifying high-net-worth and sophisticated investors in the UK and internationally and consider opportunities across areas including private debt, loan notes, bonds, property and development finance, growth capital and other specialist investment structures.
FJP Investment acts as an introducer.
We do not manage investors’ money and do not provide personalised investment, legal or tax advice.
Before deciding whether an opportunity is one we are prepared to introduce, we seek to understand areas including:
- the underlying business;
- management;
- financial position;
- use of investor capital;
- existing debt;
- investment structure;
- security where applicable;
- supporting documentation; and
- the proposed investor repayment mechanism.
Due diligence does not eliminate investment risk.
Its purpose is to understand what the risks actually are.
You can read more on our How We Work page and our Alternative Investment Opportunities page.
Frequently asked questions
Can someone in Hong Kong invest in UK assets?
Potentially, yes. Hong Kong investors can hold many types of UK assets, subject to the rules applying to the individual investment, investor classification, tax and relevant UK and Hong Kong legal and regulatory requirements.
Do Hong Kong buyers pay extra Stamp Duty on UK property?
A qualifying non-UK resident residential purchase in England or Northern Ireland can attract an additional 2 percentage-point SDLT surcharge. Other higher rates may also apply depending on the purchaser’s circumstances.
Does owning my home in Hong Kong affect UK Stamp Duty?
Potentially. Property owned outside the UK can be taken into account when determining whether the higher SDLT rates for additional dwellings apply.
Does Hong Kong tax UK investment income?
Hong Kong operates a territorial tax system, but the precise treatment depends on the investor, income and ownership structure. Corporate and multinational-group rules can also differ from the treatment of an individual. Specialist advice should be obtained.
Is there a tax treaty between Hong Kong and the UK?
Yes. The UK and Hong Kong have an in-force Double Taxation Agreement covering income and capital gains, subsequently modified by the Multilateral Instrument.
What is a Professional Investor in Hong Kong?
Hong Kong’s legislation contains several Professional Investor categories. For an individual, one statutory test broadly involves a portfolio of at least HK$8 million or equivalent, subject to detailed rules concerning calculation and evidence.
Does being a Hong Kong Professional Investor automatically make me a UK sophisticated investor?
No. UK and Hong Kong investor classifications are separate regimes. Eligibility needs to be considered under the rules applying to the particular communication and investment.
Can Hong Kong investors invest in UK private credit?
Potentially, depending on the investment, investor eligibility and applicable UK and Hong Kong regulatory requirements.
Are UK private investments covered by the FSCS?
Not necessarily. Many unregulated private and alternative investments are outside Financial Services Compensation Scheme and Financial Ombudsman Service protection.
Does FJP Investment provide investment advice to Hong Kong investors?
No. FJP Investment acts as an introducer and does not provide personalised investment, tax or legal advice. Whether information concerning a particular opportunity can be provided depends on investor eligibility and applicable legal and regulatory requirements.
Final thoughts
Hong Kong investors are already accustomed to thinking beyond one market.
That makes the UK a natural market to consider, but not one that should receive a free pass simply because it is familiar.
A British property can be overpriced.
A UK company can fail.
A secured investment can recover less than expected.
A fixed coupon can go unpaid.
And an attractive sterling return can look different once converted back into Hong Kong dollars.
Jamie Johnson, CEO of FJP Investment, comments: “Hong Kong has always been an interesting market because investors there tend to understand international diversification already. I don’t think the conversation needs to stop at buying another UK apartment. There are businesses raising capital, private debt, development finance and other opportunities. But wherever the investment sits, I still want to understand the same basics: what are we investing into, what supports it and how does the investor ultimately get their money back?”
That is ultimately the point.
International investing expands the opportunity set.
It also adds another layer of responsibility.
Investors need to understand the asset, the jurisdiction, the currency, the structure and the downside before deciding whether the proposed return is attractive.
FJP Investment works with qualifying high-net-worth and sophisticated investors in the UK and internationally. If you are based in Hong Kong and meet the relevant investor criteria, you can register your interest below. Whether information concerning any specific opportunity can be provided will depend on applicable investor eligibility and UK and Hong Kong legal and regulatory requirements.
Capital is at risk. Alternative investments can be unregulated, complex, illiquid and/or non-transferable and investors may lose some or all of their capital. Security does not guarantee repayment and fixed or target returns are not guarantees. Where an investment is unregulated, investors may not have access to the Financial Ombudsman Service or Financial Services Compensation Scheme. FJP Investment acts as an introducer and does not provide personalised investment, legal or tax advice. Nothing in this article constitutes a financial promotion in any jurisdiction where such communication would be unlawful. Independent professional advice should be obtained where appropriate.