Taxation in Hong Kong is territorial. The residence status of the employee is not determinative when considering his/her liability to salaries tax.
Hong Kong salaries tax is charged in respect of income arising in or derived from Hong Kong from any office or employment of profit (and any pension). In respect of an employment, to determine the extent of salaries tax payable, it is first necessary to determine whether the income is derived from a Hong Kong-located employment or a non-Hong Kong-located employment. If an employment is located in Hong Kong, it will be regarded as being a Hong Kong-located employment and all income from the employment will fall within the scope of salaries tax. If an employment is located outside Hong Kong, it will be regarded as being a non-Hong Kong-located employment and the liability to salaries tax will be limited to tax on income from services rendered in Hong Kong plus the attributable leave. In such a case, the taxpayer generally apportions his/her income between the Hong Kong and non-Hong Kong services on the basis of days spent inside and outside Hong Kong.