Using the 5' end serial deletion analysis method, five HbFCA promoter deletion fragments which had different distances from transcription start site were amplified by PCR, and they were used to replace the CaMV35S promoter of PBI121 carrier to obtain 5 HbFCA 5'deletion expression vectors, i.e. pA, pB, pC, pD and pE. The expression vectors were transformed into tobacco by using agrobacterium-meditated leaf disc method, and the well-rooted transformed tobacco plants in tissue culture vessels were directly detected with GUS staining. The results showed that the pE 267 bp, the shortest among the fragments, had promoter activity. The transient expression analysis of somatic embryo of rubber tree showed that the fragment pE also had better GUS staining, and could function as a HbFCA promoter.