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Film Development Fund Scheme for Financing Film Production (“Fund Scheme”) – Frequently Asked Questions

Number Question Content
 
1. Q: Is there any deadline for submission of application under the Fund Scheme?
  A: The Fund Scheme is open for application throughout the year and there is no deadline for application.
 
2. Q: How much is the application fee for each application?
  A: No application fee would be charged.
 
3. Q: How can I obtain the application form and the application guide?
  A: The application form and the application guide can be downloaded from the Hong Kong Film Development Council (HKFDC) website (www.fdc.gov.hk/en/fpfs).
 
4. Q: What films have been financed by the Fund Scheme?
  A: Please refer to “Film Production Financing Projects” in “Approved Projects” of the HKFDC website. The information would be updated as appropriate.
 
5. Q: Is there an annual quota on the amount of government finance and the number of financed films to be approved under the Fund Scheme?
  A: There is no annual quota on the total amount of finance or the number of financed films established by the Fund Scheme.
 
6. Q: Is there any requirement on the applicant’s working experience in film production?
  A: Among the Applicant, the Film Producer and the Film Director, one category or a total of two categories must have produced a total of at least two released films preceding the date of the Application.
 
7. Q: What are the eligibility criteria in respect of the applicant?
  A: The Applicant must be a film production company formed and registered under the Companies Ordinance (Cap.622) or the predecessor Ordinance (as defined in section 2 of Cap.622).
 
8. Q: Is there any restriction on the participation of the main film crew in other film productions?
  A: For Film Production Financing Scheme (FPFS), an Applicant may only receive Government Finance for up to two (2) Approved Film Projects at any one time. For this purpose:
  1. if the Applicant, its Associate or its Associated Person has successfully obtained funding support in two or more Approved Film Projects under this Fund Scheme as at the date of the Application being lodged, its Application will not be considered;
  2. if the Film Producer of the Film Project is currently taking the role of producer in two or more Approved Film Projects under this Fund Scheme as at the date of the Application being lodged, any Application involving this Film Producer will not be considered; and
  3. if the Film Director of the Film Project is currently taking the role of film director in one or more Approved Film Project under this Fund Scheme as at the date of the Application being lodged, any Application involving this Film Director will not be considered.
For Film Production Financing Scheme 2.0 (FS 2.0), an Applicant and the Main Financier may receive Government Finance for up to four (4) Approved Film Projects at any one time. There are no restrictions for the Film Producer and the Film Director of the Film Project. For this purpose:
  1. if the Applicant, its Associate or its Associated Person has successfully obtained funding support in four or more Approved Film Projects under this Fund Scheme as at the date of the Application being lodged, its Application will not be considered; and
  2. if the Main Financier, its Associate or its Associated Person has successfully obtained funding support in four or more Approved Film Projects under this Fund Scheme as at the date of the Application being lodged, its Application will not be considered.
 
9. Q: Is there any restriction on the nationality of the main film crew and cast?
  A: All film director(s) must be permanent resident of Hong Kong, in addition, in any two of the four categories of Main Film Cast (namely, Leading Actor, Leading Actress, Support Actor and Support Actress), at least one person employed in each such category must be a permanent resident in Hong Kong.
 
10. Q: Is there any restriction on film genre?
  A: The Fund Scheme encourages freedom of creation and welcomes the use of the Fund Scheme for production of different genres of commercial narrative and animation feature films. Documentary is not included.
 
11. Q: Does the Fund Scheme accept application for short film productions?
  A: The film must be a feature-length narrative or animation film produced for commercial theatrical release at least in Hong Kong.
 
12. Q: Is there any requirement on the screenplay?
  A: The screenplay must be written in the industry format and may consider register the screenplay with the Federation of Hong Kong Filmmakers.
 
13. Q: Is the applicant allowed to revise the screenplay after its submission to the HKFDC Secretariat?
  A: Yes.
 
14. Q: Is there any requirement on the theatrical release of the film?
  A: The film must fulfil the requirements of obtaining a certificate for public exhibition in Hong Kong under the Film Censorship Ordinance (Cap.392) when it is released in Hong Kong commercial theatres.
 
15. Q: Is there a limit on the production budget?
  A: For Film Production Financing Scheme (FPFS), the production budget must not exceed HK$60 million; For Film Production Financing Scheme 2.0 (FS 2.0), the production budget must be between HK$8 million to HK$25 million;
 
16. Q: If the final production cost lower than or exceeds the budget, will the Government reduce the amount of the Government Finance or share the overspend?
  A: If the final production costs of the approved film projects listed in the audit report are lower than or exceed the budget, the Government shall not be responsible for the extra production costs. The overspend shall be responsible for and met by the film production company; if the final production costs are below the budget, the Government will reduce the financing amount accordingly. To avoid any doubt, if the final production costs have fallen outside the scope of the Film Production Financing Scheme or the Film Production Financing Scheme 2.0, the Government reserves the right to terminate all or any of the Transaction Documents.
 
17. Q: Can the “pre-sale income” be treated as capital investment?
  A: All monies derived from the pre-sale of a film which has not yet completed production (i.e. the pre-sale income) shall be deemed as the revenue of the film but not capital investment. Upon the execution of the financing contracts with the Government and the establishment of a collection account, the applicant is required to deposit all the collected income into the collection account for distribution to the financiers (including the Government) on a pro rata basis by the International Sales Agent.
 
18. Q: Can the promotion and distribution costs be included in the production budget?
  A: The production budget is restricted for film production only. The promotion and distribution costs shall be raised by the film production company and be repaid from the income of the film afterwards.
 
19. Q: Is there any restriction on the sales and distribution expenses of a film?
  A: The aggregate sales and distribution expenses (including publicity and advertising costs) shall be capped at HK$1 million or 15% of the production budget (whichever is the greater), or such greater amount as may be approved by the Government.
 
20. Q: Is there a cap on the amount of Government Finance?
  A: For Film Production Financing Scheme (FPFS), the Government Finance will be capped at HK$9 million per approved Film Project; For Film Production Financing Scheme 2.0 (FS 2.0), the Government Finance will be capped at HK$10 million per approved Film Project;
 
21. Q: Is a film allowed to receive financial support from the other Government department of Hong Kong?
  A: The Applicant must not have obtained or applied for other financial support (whether in the form of equity or loan financing, grant or sponsorship or any other form) from the Government for the Film Project.
 
22. Q: Is an application under the Fund Scheme allowed to receive other overseas financing, for example, the finance granted by the other governments?
  A: The Fund Scheme does not impose any restriction to an application which involves overseas financing. However, the applicant should pay attention to the relevant terms of cooperation to ensure that they are not in conflict with the requirements under the Fund Scheme, including finance from the government of other country.
 
23. Q: Apart from the duly completed application form, what other related documents should be submitted by the applicant?
  A: Other related documents include statutory declarations from all persons having a controlling interests of the applicant, e.g. all applicant’s company directors, shareholders; certificate of incorporation of the applicant and certificate of change of name of the applicant (if any); applicant’s latest annual return together with any notification of change of secretary and director filed with the companies registry; audited accounts or financial statement of the applicant; shooting script; shooting schedule; identity cards of the main film crew and cast; film director’s filmography; cashflow schedule; agreements or letters of intent in respect of financiers; and any other agreements or letters of intent. (For details, please refer to the Checklist of Documents to be submitted by an Applicant of the application form).
 
24. Q: What is a “certified true copy”?
  A: A “certified true copy” is one which is duly signed by a company director of the application to confirm that the document submitted is a true copy of the original.
 
25. Q: Is there any other requirement that has to observed apart from the submission of a duly completed form and related documents?
  A: No principal photography of any part of the Proposed Film shall be commenced prior to the date of the Government's written acknowledgement of receipt of the Application.
 
26. Q: If an application is rejected, will the applicant get back all the submitted information and the related documents?
  A: The application form and all information and the related documents submitted by an applicant will be retained by the Government and HKFDC Secretariat for record and audit purposes and will not be returned to the applicant. Applicants should make copies of these documents for their own record.
 
27. Q: Are there any restrictions on the applications with the expenditure on Licensing Fees?
  A: The expenditure on Licensing Fees (including Music, Footage and any Intellectual Property Right) must not exceed 10% of the actual production cost of the Film Project.