STAMP ORDINANCE, 1921
Title
STAMP ORDINANCE, 1921
Description
No. 8 of 1921.
An Ordinance to amend the law relating to stamp duty.
[2nd May, 1921.]
1. This Ordinance may be cited as the Stamp Ordinance,
1921.
2.-(1) It shall be lawful for the Governor to appoint
any person to be Collector, and any other person to be
Assistant Collector, for the purposes of this Ordinance, and
failing such appointment the Colonial Treasurer shall be
Collector and the Assistant Treasurer shall be Assistant
Collector.
(2) The Assistant Collector shall have the same rights
and powers as the Collector.
3. In this Ordinance,
(1) Accident policy means a policy of insurance for
any payment agreed to be made upon the death of any
person only from accident or violence or otherwise than
from a natural cause, or as compensation for personal
injury.
(2) Bank note includes-
(a) any bill of exchange or promissory note issited hy any
banker for the payment of money to the bearer on demand;
and.
(b) any bill of exchange or promissory note so issued
which entitles or is intended to entitle the bearer or holder
thereof, without indorsement or without any further or other
indorsement than may be thereon at the time of the issuing
thereof, to the payment of money on demand, whether the
same be so expressed or not and in whatever form or by
whomsoever the bill or note is drawn or made.
(3) Banker means any person or firm carrying on the
business of banking within the Colony.
The Bills of Exchange Ordinance, 1885, dcms not affect the provisions of this
Ordinance. See No. 3 of 1885, s. 96. 1 See also No. 30 of 1915, Fourth Schedule,
Regulation 13.
As amended by No. 21 of 1921 and Law Rev. Ord., 1924.
(4) Bill of exchange includes cheque, circular note,
draft, letter of credit, order, travellers cheque, and any
instrument (except a bank note or compradore order)
entitling or piirporting to entitle any person, whether named
therein or not, to payment by any other person of, or to
draw upon any other person for, any sum of money; and
the term bill of exchange payable on demand includes-
(a) an order for the payment of any suni of money by a
bill of exchange or promissory note, or for the delivery of
any bill of exchange or promissory note in satisfaction of
aRy sum of money, or for the payment of any sum of money
out of any particufar fund which may or may not be available,
or upon any condition or contingency which may or may
not -be performed or happen; and
(b) an order for the payment of any sum of money weekly,
monthly, or at any other stated periods, and also an order
for the payment by any person at any time after the date
thereof of any sum of money, and sent or delivered by the
person making the same. to the person by whom the payment
is to be made, and not to the person to whom the payment
is to be made, or to any person on his behalf.
(5) Bill of lading means any instrument signed by the
owner or master of a vessel, or by the agent of the owner,
which states that certain specified goods have been shipped
upon a particular vessel, and which purports to set out the
terms on which such goods have been delivered to and
received by the vessel.
(6) Charter party means any instrument for the charter
or hiring of any vessel or of some principal part thereof, and
any memorandum, letter, or other writing (other than a bill
of lading) between the master or owner of any vessel
and any other person for or relating to the freight or
conveyance of any money, goods or effects on board any
vessel.
(7) Cheque means a bill of exchange drawn within the
colony on a banker within the Colony and payable within
the Colony on demand.
(8) Compradore order means an order for the payment
of money addressed to a compradore, and signed by the
employer of the compradure or by some person in common
employment with the compradore.
(9) Conveyance on sale includes every instrument, and
every decree or order of any court, whereby any property
except vessels and shares, or any estate or interest in any
property except vessels and shares, upon the sale thereof, is
transferred to or vested in a purchaser, or any other person
on his behalf or by his direction.
(10) Exchange contract means a contract for the sale
and purchase of any sum in any currency other than the
currency of the Colony, but does not include any contract for
the sale of actual coin or bullion.
(11) Executed and execution used with reference
to instruments not under seal mean signed and signature
respectively.
(12) Foreclosure order includes every order or decree
for, or having the effect of an order for, foreclosure.
(13) Godown warrant means any document or writing,
being evidence of the title of any person therein named, or
his assigns, or the holder thereof, to the property in any
goods, wares, or merchandise lying in any godown or dock,
or upon any wharf, and signed or certified by or on behalf
of the person having the custody of the goods, wares, or
merchandise.
(14) Instrinnent includes every written document.
(15) Letter of hypothecation means an instrument
accompanying a deposit with a banker of the documents of
title to some movable property.
(16) Life policy means a policy of insurance upon any
life or Eves or upon any event or contingency relating to or
depending upon any life or lives except a policy of insurance
against accident.
(17) Marine policy means any insurance (including
re-insurance) made upon any vessel, or upon the machinery,
tackle, or furniture of any vessel, or upon any goods,
merchandise, or property of. any description whatever on
board of any vessel, or upon the freight of, or any other
interest which may be lawfully insured in or relating to, any
vessel, and includes any insurance of goods, merchandise, or
property for any transit which includes not only a sea risk,
but also any other risk incidental to the transit insured from
the, commencement of the transit to the ultimate destination
covered by the insurance.
(18) , Marketalbe security means a security of such a
description as to be capahle of being sold in the stock market
in the Colony.
(19) Mortgage means a security by way of mortgage
or equitable mortgage for the payment of any definite and
certain sum of inoney advanced or lent at the time, or
previously, due and owing, or forborne to be paid, being
payable, or for the repayment of money thereafter to be lent,
advanced, or paid, or which may become due upon an account
current, together with any sum already advanced or due, or
without, as the case may be;
and includes-
(a) conditional surrender by way of mortgage, or further
charge, of or affecting any property whatsoever; and
(b) any conveyance of any property whatsoever in trust
to be sola or otherwise converted into money, intended only
as a seenrity, and redeernable before the sale or other disposal
thereof, cither by express stipulation or otherwise; and
(c) any instrument for defeating or making, redeemable,
or explaining or qualifying any conveyance, transfer or dis-
position of any property whatsoever, apparently absolute,
but intended only as a security ; and
(d) any instrument relating to the deposit of any title
deeds or instruments constituting or being evidence of the
title to any property whatsoever or creating a charge on any
property whatsoever; and
(e) mortgages by eqnitable owners of their equitable
rights; and
(f) warrants of attorney to enter up judgment;
but does not include a letter of hypothecation as defined
in paragraph (15).
(20) Officer of His Majesty's service includes every
person in the service of His Majesty in the United Kingdom
or in the Colony, and every person in the employment of any
department of the Government of the United Kingdom or of
the Colony.
(21) Partnership instrument includes every agreement
relating to the formation, continuance, reorganisation or dis-
solution of any partnership, and every agreement relating to
the alteration of any of the terms of any partnership.
(22) Person includes firm.
(213)) Policy of insurance includes every instrument
whereby any contract of insurance is made or agreed to be
made, or is evidenced.
(24) Promissory note includes every instrument (except
a bank note) containing a promise to pay any sum of money,
and a note promising the payment of any sum of money out
of any particular fund which may or may not be available,
or upon any condition or contingency which may or may not
be performed or happen, is to be deemed a promissory note
for that sum of money.
(25) Receipt means any instrument, note, memorandum,
or writing whereby any money, or any bill of exchange or
promissory note for money, is acknowledged or expressed to
have been received or deposited or paid, or whereby any
debt or demand, or any part of a debt or demand, is acknow-
ledged to have been settled, satisfied, or discharged, or
which signifies or imports any such acknowledgment, and
whether the same is or is not signed with the name of any
person.
(26) Servant's security agreement means any instru-
ment by which any domestic or other servant or clerk or
compradore shall give security for the due discharge of his
duties, or of the duties of other persons to be employed by
him, or for the safe custody of money or property to be
entrusted to him, or for the proper carrying), on of business
to be conducted by him, or for the discharge of his respon-
sibilities arising from such 'business, whether such security
shall be given by the binding of other persons, or by the
deposit of money or valuable property or by deposit of the
title-deeds to any property or by any assignment.
(27) Settlement means any instrument, whether volun-
tary or upon any good or valuable consideration, other
than a bona^ fide pecuniary consideration, whereby any
definite and certain principal sum of money (whether charged
or chargeable on lands or not, or to be laid out in the pur-
chase of lands or not) or any definite and certain amount of
stock, or any security, is settled or agreed to be settled in
any manner whatsoever.
(28) Share includes any share in any stocks or funds
transferable at the Bank of England or at the Bank of
Ireland, and India promissory notes, and any share in the
stocks or funds of any foreign or colonial state or govern-
ment, or in the capital, stock or funded debt of any county
council, corporation, company, or society in the United
Kingdom, or in the Colony, or of any foreign or colonial
corporation, company, or society.
(29) Share contract note ineans the note sent by a
broker or agent to his principal, or by any person who by
way of business deals, or holds hilnself out as dealing, as a
principal in any shares or marketable securities, advising the
principal, or the vendor or purchaser, as the case may be, of
the sale or purchase of any shares or marketable securities.
4.-(1) It shall be lawful for the Governor in Council to
make regulations for the following purposes:-
(a) for amending any of the provisions of the Schedule,
provided that no such amendment shall have the effect of
increasing any stamp duty specified in the said Schedule or
of imposing any new or additional duty not specified in the
said Schedule.,
(b) for imposing any obligations, in addition to those
imposed in this Ordinance and in the said Schedule, which
the Governor in Council may deem advisable in connexion
with the payment of stamp duty: Provided that no such
obligation shall have the effect of -increasing any stamp duty
specified in the said Schedule or of imposing any new, or
additional duty not specified in the said Schedule;
(c) for giving directions as to the manner in which any
stamp duty payable under this Ordinance is to be calculated
or ascertained
(d) for prescribing inethods of stamping and denoting;
and
(e) generally for carrying out the objects of this Ordi-
nance.
As amended by Law Rev. Ord., 1924.
(2) All regulations made under this Ordinance shall be
laid on the table of the Legislative Council at the first meet-
ing thereof held after the publication in the Gazette of the
making of such regulations, and if a resolution is passed at
the first meeting of the Legislative Council held after such
regulations have been laid on the table of the said Council
resolving that any such regulation shall be rescinded, or
amended in any manner whatsoever, the said regulation shall,
without prejudice to anything done thereunder, be deemed
to be rescinded, or amended, as the case may be, as from the
date of publication in the Gazette of the passing of such
resolution.
5.-(1) The instruments specified in the second column
of the Schedule shall be chargeable with the stamp duties
respectively specified in the third column of the said
Schedule.
(2) The stamps to be affixed or impressed upon the said
instruments shall be adhesive, impressed, or overembossed,
as may be respectively specified in the fourth column of the
said Schedule.
(3) Subject to the provisions of sections 16, 17, 18 and 20,
the points of time before which, and the periods of time
within which, the respective instruments must be stamped
shall be those specified in the fifth column of the said
Schedule, and where in the said fifth column it is provided
that an instrument is to be stamped within a certain period
of time after execution, the said period of time shall be
reckoned as commencing on the day after the execution of
the instrument in question by the person who first executes
it, unless otherwise stated in the said Schedule.
(4) Where in the fifth column of the said Schedule it is
specified that an instrument is to be stamped before execu-
tion, such instrument must be stamped before execution by
any party thereto.
(5) If any instrument which is chargeable with stamp duty
is not duty stamped, the person or persons respectively
specified in the sixth column of the said Schedule as being
liable for stamping shall be liable, or jointly and severally
liable, as the case may be, civilly to the Collector for the
payment of the specified duty.
As amended by Law Rev. Ord., 1924.
(6) If any instrument which is liable to stamp duty is not
duly stamped, every person specified in the sixth column of
the said Schedule as being liable for stamping shall also be
deemed to be guilty of an offence against this Ordinance.
(7) Where in the sixth column of the said Schedule the
liability for stamping is imposed upon more persons than one,
every person on whom the said liability is imposed may, if
the ' Instrument is not duly stamped, be proceeded against
eihter civilly or criminally without reference to any civil
liability of the parties inter se for the payment of the 'stamp
du6.
(8) Where in the said Schedule it is specified that the
stamp duty is to be payable otherwise than by means of
stamps, the duty shall be payable as may be stated in the
said Schedule and in any regulations which may be made
under this Ordinance on the subject.
6.-(1) Subject to the provisions of sub-section (33) of this
section and to the provisions of section 16, no instrument
chargeable with stamp duty under this Ordinance shall be
received in evidence in any proceedings whatsoever, except
(a) in criminal proceedings, and (b) in civil proceedings by
the Colbetor to recover stamp duty, unless such instrument
is duly stamped, whether the point of time before which, or
the period of time within which, such an instrument should
be stamped shall or shall not have arrived or expired as the
case may be.
(2) No instrument chargeable with stamp duty under this
Ordinance shall be acted upon, filed, or registered, by any
public officer or by any company, unless such instrument is
duly stamped, whether the point of time before which, or the
period of time within which, such an instrument should be
stamped shall or shall not have arrived or expired as the
case may be.
(3) Upon the production to any court (other than a criminal
court), arbitrator, referee, company or other corporation, or
public officer, of any instrument which is chargeable with
stamp duty under this Ordinance and which is not duly
stamped, it shall be the duty of such court, arbitrator, referee,
company or other corporation, or public officer, to take notice
of the omission or insufficiency of the stamp on such instru-
As amended by No. 24 of 1922 and Law Rev. Ord., 1924.
ment, and thereupon to take action in accordance with the
following rules:-
(a), If the point of time before which, or the period of time
within which, such an instrument should be stamped has
arrived or expired as the case may be, and if the payment of
stamp duty be compulsory, the instrument shall be im-
pounded and, unless the instrument shall have been produceld
to the Collector himself, shall be forwarded to the Collector-
(b) In any such case, before the exclusion or rejection
of the instrument, the person tendering such instrument, if
he desires, shall be given a reasonable opportunity of apply
ing to the Collector for special leave -under the provisions of
section 16.
(c) If the payment of stamp duty is voluntary, and the
instrument is produced to any such court, arbitrator or
referee, the instrument shall, saving all just exceptions on
other grounds, be received in evidence upon payment to the
court, arbitrator or referee, of the amount of the unpaid
duty and of the penalty if any. Such duty and penalty, If
any, shall be remitted to the Collector with the instument
to be stamped after the instrument has been admitted in
evidence.
(4) If a public officer is empowered or required by law
to act upon, file, or register, a duplicate or copy of any
instrument, and if the original of such instrument would
require to be duly stamped if acted upon, filed, or register-
ed, by such public officer, it shall be lawful for such public
officer to call for the production of the original instrument
or for evidence to his satisfaction that it was duly stamped,
and no public officer shall act upon, file, or register, any
such duplicate or copy without production of the original
instrunlent duly stamped or of evidence as aforesaid.
(5) The penalties on stamping instruments out of time
referred to in sub-section (3) (c) shall be as follows:-
within one month out of time $ 5;
over one month and within three
months out of time .....$ 25;
over three months and within six
months out of time .....$ 50;
over six mouths out of time. $100.
7.-(1) Every instrument written upon stamped material
is to be written in such manner, and every instrument partly
or wholly written before being stamped is to be so stamped,
that the stamp may appear on the face of the instrument,
and cannot be used for or applied to any other instrument
written upon the same piece of material.
(2) If more than one instrument is written upon the
same piece of material, every one of the instruments is to be
separately and distinctly stamped with the duty with which
it is chargeable.
8.-(1) An instruinent containing or relating to several
distinct matters shall be separately and distinctly charged,
as if it were a separate instrument, with duty in respect of
each of the matters.
(2) An instrument made for any consideration in respect
whereof it is chargeable with ad valorem duty, arid also for
any further or other vahiable consideration or considerations,
shall be separately and distinctly charged, as if it were a
separate instument, with duty in respect of each of the
considerations.
(3) An instrument which is chargeable under more. than
one heading in the Schedule shall be charged under that
heading which imposes the highest duty.
9. All the facts and circumstances affecting the liability
of any instrument to duty, or the amount of the duty with
which an instrument is chargeable, are to be fully and truly
set forth in the instrument; and every person who with
intent to defraud the Government-
(a) executes any instrument in which all the said facts
and circumstances are not fully and truly set forth; or
(b) being employed or concerned in or about the prepara-
tion of any instrument, neglects or omits fully And truly to
set forth therein all the said facts and circumstances,
shall be deemed to commit an offence against this Ordi-
nance.
As amended by Law Rev. Ord., 1924.
9A. Whenever any instrument is tendered for stamping,
the Collector may require to be furnished with an abstract
of the instrument, and also with such evidence as he may
deem necessary in order to show to his satisfaction whether
all the facts and circumstances affecting the liability of the
instrument to duty, or the amount of the duty chargeable
thereon, are fully and truly set forth therein.
10.-(1) Where any minimum amount is prescribed
below which stamp duty shall not be payable, no person
shall - execute more instruments than would ordinarily be
necesstry for the traiisaction in question, in order to evade
stamp duty by such splitting.
(2) Where a scale is prescribed tinder which the rate of
stamp duty is increased after passing certain limits, no
person shall execute more instruments than would ordinarily
be necessary, for the transaction in question, in order to
evade stamp duty by such splitting.
(3) In any question whatsoever arising under this section,
the onus of proof shall he upon the person who asserts that
there has been no splitting in order to evade stamp duty.
11.-(1) Where stamp duty is required or permitted by
law to be denoted by an adhesive stamp, such stamp shall
be cancelled in such a manner as to render it incapable of
being used again for any revenue purpose.
(2) Where an instrument, the stamp duty on which is
required or permitted by law to be denoted by an adhesive
stamp, is to be stamped before execution, or before issue,
or before, being parted with by the maker, or before the
doing of any other act, the first person executing, or the
person issuing, or the maker, or the person doing such other
act, as the case may be, shall cancel the adhesive stamp
before execution, or before issuing, or before parting with
the instrument, or before doing such other act, as the case
may be.
(3) Where an instrument, the stamp duty on which is
required or permitted by law to be denoted by an adhesive
stamp, is to be stamped within a certain period after any
event, the person affixing the adhesive stamp shall cancel it
forthwith and before he parts with the instrument.
As amended by No. 21 of 1921 and Law Rev. Ord., 1924.
As amended by No. 21 of 1921.
As amended by Law Rev. Ord., 1924.
(4) Subject to the provision's of sections 16, 18 and 20, an
instrument, the stamp duty on which is denoted by an
adhesive stamp, shall not be deemed to have been duly
stamped unless sucli stamp has been cancelled as required
by this section.
12.-(1) Notwithstanding any of the provisions of the
Schedule with respect to overembossing, it shall be lawful
for the Collector, when the stamp duty on an instrument
exceeds one thousand dollars, to- denote, such duty by an
impressed stamp which shall bear on it in writing a statement
of the amount of the duty and the Collector's signature or
initials.
(2) Postage stamps shall not be used for the purpose of
paying any stamp duty under this Ordinance.
(3) No document shall be stamped with the stamp denoting
that it is not chargeable with any duty until it has been
stamped with the adjudication fee stamp.
(4) The adjudication fee stamp shall in every case contain
the signature or initials of the Collector.
(5) No instrument which has been stamped by special
leave given under the provisions of section 16 shall be
deemed to be duly stamped unless the Collector's signature
shall appear thereon.
(6) Where the duty with which an. instrument is charge-
able depends in any manner upon the duty paid upon another
instrument, the payment of the last-mentioned duty shall,
upon. application to the Collector and production of both the
instruments, be denoted upon the first-mentioned instrument
in such manner as the Collector thinks fit.
(7) The provisions of this section may be rescinded or
amended in any way whatsoever by regulations made under
the provisions of section 4.
13. The duplicate or counterpart of an instrument charge-
able with duty (except the counterpart of an instrument
chargeable as a lease, such counterpart not being executed
by or on behalf of any lessor or grantor), is not to be deemed
duly stamped unless it is stamped as an original instrument,
or unless it appears by some stamp. impressed thereon, or by
As amended by Law Rev. Ord., 1924.
some indorsement made by the Collector thereon, that the
full and proper duty has been paid upon the original instru-
ment of which it is the duplicate or counterpart.
14.-(1) Subject to such rules as the Collector may think
fit to make, the Collector may be required by any person to
express his opinion with reference to any executed instrument
upon the following questions:-
(a) whether it is chargeable with any duty;
(b) with what amount of duty it is chargeable.
(2) The Collector may require to be furnished with an
abstract of the instrument, and also with such evidence as
he may deem necessary, in order to show to his satisfaction
whether all the facts and eircumstancesaffecting the liability
of the instrument to duty, or the amount of the duty charge-
able thereon, are fully and truly set forth therein.
(3) If the Collector is of opinion that the instrument is
not chargeable with any duty, it may be stamped with a
particular stamp denoting that it is not chargeable with any
duty.
(4) If the Collector is of opinion that the instrument is
chargeable with duty, he shall assess the duty with which it
is in his opinion chargeable, and when the instrument is
stamped in accordance with the assessment it shall also be
stamped with the adjudication stamp.
(5) Every instrument stamped with the particular stamp
denoting either that it is not chargeable with any duty, or
with the adjudication stamp, shall be admissible in evidence,
and available for all purposes notwithstanding any objection
relating to duty.
(6) An instrument upon which the duty has been assessed
by the Collector shall not, if it is unstamped or insufficiently
stamped. be stamped otherwise than iii accordance with the
assessment.
(7) Nothing in this section shall extend to any instrument
chargeable with ad valorem duty, and niade as a security for
money or stock without limit.
(8) Nothing in this section shall authorise the stamping
after the execution thereof of any instrument which by law
cannot be stamped after execution.
As amended by Law Rev. Ord., 1924.
(9) A statutory declaration made for the purpose of this
section shall not be used against any person making the
same in any proceeding whatever, except in an Inquiry as to
the duty with which the instrument to which it relates is
chargeable; and, if such declaration is true, every person
by whom it is made shall, on payment of the duty chargeable
upon the instrument to which it relates, be relieved from any
fine or disability to which he may be liable by reason of the
omission to state truly in the instrument any fact or circum-
stance required by this Ordinance to be stated therein.
(10) The person submitting the instrument for assessment
shall pay to the Collector the adjudication fee specified in
the Schedule.
15-(1) Any person who is dissatisfied with the assessment,
of the Collector may, within twenty-one days after the date
of the assessment and on payment of duty in conformity
therewith, appeal aginst the assessment to the court and
may for that purpose require the Collector to state and sign
a case, setting forth the question upon which his opinion
was required, and the assessment made by him.
(2) The Collector shall thereupon state and sign a case
and deliver the same to the person bv whom it is required,
and the case may, within seven days thereafter, and after
service thereof upon the Crown Solicitor, be set down by
such person for hearing.
(3) Upon the. hearing ofthe case, the court shall determine
the question submitted, and, if the instrument in question is
in the opinion of the court chargeable with any duty, shall
assess the duty with which it is chargeable.
(4) If it is decided by the court that the assessment of the
Collector was erroneous, any excess of duty which may have
been paid in conformity with the erroneous assessment,
together with any fine or penalty which may have been paid
in consequence thereof, shall be ordered by the court to be
repaid to the appellant, with or without costs as the court
may determine.
(5) If the assessment of the Collector is confirmed, the
court may make an order for payment to the Collector of the
costs incurred by him in relation to the appeal.
(6) In this section, the court means the Supreme Court
in its summary jurisdiction: Provided that the Chief Justice
may direct that any appeal under this section shall be heard
by the Full Court of two judges.
16.-(1) Where an instrument is chargeable with stamp
duty under this Ordinance and should have been stamped
before a certain event, or before the expiration of a certain
period, but has not been so stamped, it shall be lawful for
the Collector to give special leave for the stamping of such
instrument if he is satisfied-
(a) that the omission or neglect to stamp duly did not
arise from any intention to evade payment of stamp duty or
otherwise to defraud, and
(b) that either-
(i) such omission or neglect arose solely from urgent
necessity or unavoidable accident, and that the instrument
hasbeen brought to be stamped without delay, or
(ii) that the circumstances of the case are otherwise so
exceptional as to justify special permission being given.
(2) If the Collector grants special leave under the provisions
of sub-section (1) for the stamping of any instrument, such
instrument may be stamped on payment of the following
penalties in addition to the stamp duty
(a) if the instrument is stamped within one month of the
point of time before which, or the expiration of period of
time within which, it should have been stamped, the penalty
shall be double the amount of deficient duty, ;
(b) if within two months, four times the amount of deficient
duty and
(c) if after two months, ten times the amount of deficient
duty
Provided that it shall be lawful for the Collector in his
discretion to remit the whole or any part of the penalty
provided by this sub-section.
(3) If any person applying for special leave under this
section is dissatisfied with any decision of the Collector -upon
such application, it shall be lawful for such person to
* As amended by Law Rev. Ord., 1924.
require his application to be referred to the Governor in
Council- whose decision thereon shall be final for all pur-
poses.
(4) Upon any application for special leave under the
provisions of this section, it shall be lawful for the Collector,
or for the Governor in Council, to require such sworn or
other evidence in Support of the application as he may
require.
(5) When an instrument has been stamped by special
leave mider the provisions of this section, such instrument
shall be deemed to have been. duly stamped for the purposes
of section 6.
17. Every instrument. exectited ont of the Colony by any
person, not, being a bill of exchange or a promissory note,
shall, before being used, brought into force, or registered,
within tbe Clolony, be stamped according to the rate of duty
to which it would have been liable if it had been executed
in the first instance within the Colony, whatever the
Provisions of the Schedule may be with regard to the tinie
before which or the period within which sneh an instrument,
if executed in the first instance withn the colony, should be
stamped.
18.-(1) Every person into whose hands any bill of
exchange or promissory note drawn or made out of ihe Colony
comes in the Colony before it is stamped shall, before he
presents for payment, or indorses, transfers, or in any manner
negotiates, or pays the bill or note, affix thereto-a proper
adhesive stamp or proper adhesive stamps of sufficient
amount, and cancel every stamp so affixed thereto.
(2) Provided as follows :-
(a) If at the time when any such bill or note comes into
the hands of any bona. fide. holder there is affixed thereto an
adhesive stamp effectually cancelled, the stamp shall, so far
as relates to the holder, be deemed to be duly cancelled,
although it may not appear to have been affixed or cancelled
by the proper person; and
(b) If at the time when any such bill or note conies into
the hands of any bona^ fide holder there is affixed thereto an
adhesive stamp not duly cancelled, it shall be competent for
As amended by Law Rev. Ord., 1924.
the holder to cancel the stamp as if he were the person by
whom it was affixed, and upon his so doing the bill or note
shall be deemed duly stamped, and as valid and available as
if the stamp had been cancelled by the person by whom it
was affixed.
(3) But neither of the foregoing provisos is to relieve any
person from any fine or penalty incurred by him for not can-
celling an adhesive stamp.
19.-(1) When a bill of exchange is drawn lu a set accord-
ing, to the custom of merchants, and one of the set is duly
stamped, the other or others of the set shall, unless issued or
in some manner negotiated apart from the stamped bill, be
exempt from ditty; and upon proof of the loss or destruction
of a duly stamped bill forming one of a set, any other bill
of the set which has not been issued or in any manner
negotiated apart from the lost or destroyed bill may, although
unstainped, be admitted in evidence to prove the contents of
the lost or destroyed bill.
(2) No bills of exchange in sets shall be stamped in which
the words First and Second , or First Second
and Third are left blank, nor in which the words
second of the same tenor and date being unpaid or the
like, -are wholly or partly left blank.
20.-(1) Every person who issues, indorses, transfers,
negotiates, presents for payment, or pays any bill of
exchange or promissory note chargeable with duty and not
being duly stamped shall be deemed to commit an offence
against this Ordinance, and the person who takes or receives
from any other person any such bill or note either in pay-
ment or as a security, or by purchase or otherwise, shall not
be entitled to recover thereon, or to make the same available
for any purpose whatever.
(2) Provided that if any bill of exchange payable on
demand or at sight or on presentation is presented for pay-
ment unstamped, the person to whom it is presented may
affix thereto an adhesive stamp of ten cents, and cancel the
same, as if he had been the drawer of the bill, and may
thereupon pay the sum in the bill mentioned, and charge the
duly in account against the person by whom the bill was
drawn, or deduct the duty from the said sum, and the bill is,
so far as respects the duty, to be deemed valid and available.
(3) But the foregoing proviso is not to relieve any person
from any fine or penalty incurred by him in relation to such
bill.
21.-(1) Subject to any temporary regulations which may
be made under this Ordinance, no architect, barrister, dentist
(whether registered as a dental surgeon or an exempted
person), medical practitioner, pharmaceutical chemist or
solicitor, shall practise his profession or any part thereof in
the Colony, whether wholly or in part on his own account or
as an assistant or servant of any other person, unless he is in
:possession of a valid and current certificate to practise which
shall be stamped in accordance with the provisions of Head-
ing No. 13 of the Schedule.
(2) No person who is required under the provisions of this
section to take out a certificate shall be entitled to recover
any fees, costs or other remuneration on any cause of action
arising after the commencement of this Ordinance, unless
either-
(a) he was in possession of a valid certificate to practise
at the tinie when the cause of action arose, or
(b) he is at the time of judgment in possession of a duly
stamped certificate to practise covering the time when the
cause of action arose.
(3) This section shall not apply to any person the whole of
whose time is at the disposal of the Crown.
22.-(1) When any exchange contract is, either wholly or
in part, cancelled, or set off, or otherwise terminated, or
carried out, by some transaction upon which neither bill of
exchange nor telegraphic transfer duty is paid, the person
specified in the sixth column of Heading No. 20 of the
Schedule as the person liable for stamping shall forthwith
execitte a cancellation note, which shall set forth the amount
of currency so cancelled or set off or otherwise released, and
such cancellation note shall be stamped with the duty
specified in the Schedule.
(2) The duty shallbe calculated on the equivalent of the
sum of foreign currency in the currency of the Colony at the
rate of exchange which under the contract would be the rate
* As amended by No. 24 of 1922 and Law Rev, Ord., 1924.
+ As amended by No. 21 of 1921 and Law Rev. Ord., 1924.
of exchange for delivery on the date on which the contract
is, wholly or in part, cancelled, or set off, or; otherwise
terminated, or carried out, by the transaction on which
neither bill of exchange nor telegraphic transfer duty is paid.
(3) If the exchange contract is only partly cancelled, or set
off, or otherwise terminated, or carried out, by a transaction
on which neither bill of exchange nor telegraphic transfer
duty is paid, exchange contract duty shall be paid on the
equivalent in Hongkong currency, as provided in sub-
section (2), of the amount of foreign currency cancelled,
or set ofF, or otherwise released.
(4) Without prejudice to the rights of the seller and
purchaser inter se, the person specified in the sixth column
of Heading No. 20 in the Schedule as the person liable for
stamping shall be liable under this Ordinance for the
stamping of any exchange contract cancellation note which
is required to be stamped under the provisions of this section.
(5) Every exchange contract cancellation note shall be
duly stamped within two days after the exchange contract
has been wholly or in part cancelled, or set off, or otherwise
terminated, or carried out, as aforesaid: Provided that no
general holiday shall be reckoned in the computation of the
said period of two days.
(6) No duty shall be payable upon exchange contracts for
the account and in the name of any person ordinarily resident
or carrying on business in Canton if the transaction bona^ fide
originated in and is financed in Canton.
(7) It shall be lawful for the Collector in his discretion to
allow an exchange contract cancellation note to be executed
by a banker without being stamped, or without being fully
stamped, if the Collector is satisfied that the amount of the
duty cannot be recovered., or can be recovered only in part,
from the person who is or was liable to the banker for the
payment of the amount of the duty.
(8) If the parties to an exchange contract mutually agree
to cancel the contract, exchange contract cancellation note
duty shall be payable only in respect of the original contract,
provided that the agreement is come to, and the exchange
for the cancellation is fixed, and the transaction is completed,
on the same day.
23.-(1) Any conveyance or transfer operating as a volun-
tary disposition tnter vltvos shall be chargeable with the like
stamp duty as if it were a conveyance or transfer on sale,
with the substitution in each case of the value of the property
conveyed or transferred for the amount or value of the
consideration for the sale.
(2) Where any instrument is chargeable with duty both as
a conveyance or transfer under this section and as a settlement,
the instrument shall be charged with duty as a conveyance
or transfer under this section, but not as a settlement.
(3) Any conveyance or transfer (not being a disposition
made in favour of a purchaser or incumbrancer or other
person in good faith and for valuable consideration) shall,
for the purposes of this section, be deemed to be a conveyance
or transfer operating as a voluntary disposition inter rivos,
and (except where a marriage is the consideration) the
consideration for any conveyance or transfer shall not for
this purpose be deemed to be valuable consideration where
the Collector is of opinion that by reason of the inadequacy
of the sum paid as consideration or other circumstances the
conveyance or transfer confers a substantial benefit on the
person to whom the property is conveyed or transferred.
(4) A conveyance or transfer made for noininal considera-
tion for the purpose of securing the repayment of an advance
or loan or made for effectuating the appointment of a new
trustee or the retirement of a trustee, whether the trust is
expressed or implied, or under which no beneficial interest
passes in the property conveyed or transferred, or made to a
beneficiary by a trustee or other person in a fiduciary capacity,
under any trust, whether expressed or implied, shall not be
charged with duty under this section, and this sub-section
shall have effect notwithstanding that 1he circumstances
exempting the conveyance or transfer from charge under
this section are not set forth in the conveyance or transfer.
24.---(1) Every letter or power of attorney for the sole
purpose of appointing a proxy to vote at a single meeting
shall specify the day upon which the meeting at which It is
intended to be used is to be held, and shall be available only
at the meeting so specified and any adjournment thereof.
(2) Every person who votes or attempts to vote under or
by means of any letter or power of attorney which is not
duly stamped, and every person who accepts any such vote,
shall be deemed to commit an offence against this Ordinance.
(3) Every vote given or tendered under the authority or
by means of any such letter or power of attorney which is
not duly stamped shall be absolutely null and void.
25. Every person who ref uses to give a duly stamped
receipt in any case where a receipt would be chargeable
with stamp duty shall be deemed to commit an offence
against this Ordinance.
26.-(1) Every person who effects any sale or purchase
of any shares or marketable securities as a broker or agent;
and every person who by way of business deals or holds
himself out as dealing as a principal in any shares or market-
able securities, shall forthwith make and execute a contract
note, and transmit the note to his principal, or to the vendor
or purchaser of the shares or marketable securities, as the case
may be.
(2) No broker, agent, or other person shall have any legal
claim to any charge for brokerage, coun-nission, or agency,
with reference to the sale or purchase of any shares. or
marketable securities, if he falls to comply with the provisions
of this section.
(3) Any stamp duty on a contract note may be added to
the charge for brokerage or agency, and shall be recoverable
as part of such charge.
(4) Where a contract note is a continuation or carrying
over note made for the purpose of continuing or carrying
over any transaction for the sale or purchase of shares or
marketable securities, the contract note, although it is made
in respect of both a sale and purchase, shall be charged with
.duty under this section as if it related to one of those transae-
tions only, and, if different rates of duty are chargeable in
respect of those transactions, to that one of those transactions
which would render the contract note chargeable at the
highest rate.
(5) Where a contract note advises the sale or purchase of
more than one. description of share or marketable security,
the note shall be deemed to be as many contract notes as
there are descriptions of shares or securities sold or purchased.
(6) The provisions of this Ordinance as to contract notes
shall apply to any contract under which an option is given
or taken to purchase or sell any shares or marketable
* As amended by Law Rev. Ord., 1924.
securities at a future time at a certain price, as it applies to
the sale or purchase of. any shares or marketable securities,
but the stamp duty on such a contractshall be one-half only
of that chargeable on a contract note: Provided that, if under
the contract a double option is given or taken, the contract
shall be deemed to be a separate contract in respect of each
option.
(7) Any contract note made or executed in pursuance
and in consequence of the exercise of an option given or
taken under a contract duly stamped in accordance with
the provisions of sub-section (6) shall be charged with one-
half only of the duty which would otherwise have been
chargeable thereon under this section, provided that it
bears on its face a certificate by the broker, agent or other
person mentioned in sub-section (1) to the effect that it is
made or executed in the exercise of an option for which a
duly stamped contract has been. rendered on the date
mentioned in the certificate.
27.-(1) Every person who despatches any money from
the Colony on behalf of any other person by telegraphic
transfer shall, within two days after the despatch of the
money, give to such other person a telegraphic transfer
advice in which shall be stated the equivalent in the cur-
rency of the Colony of the money so despatched.
(2) Every person who despatches any money froin the
Colony on behalf of any other person by telegraphic transfer
shall be entitled to recover the stamp duty payable in
respect of the transaction from the person at whose request
the money is despatched.
(3) No general holiday shall be reckoned in the com-
putation of the period of two days specified in sub-section (1).
(4) This section shall not apply to telegraphic transfers
in silver currencies from the Colony to China.
28.-(1) Where an instrument is chargeable with ad
valorent duty in respect of any money in currency other
than the Currency of the Colony, the duty shall be calculated
on the value, on the day of the date of the instrument, of
the money in the currency of the Colony according to the
current demand rate of exchange.
As amended by Law Rev. Ord., 1924.
(2) Where an instrument contains a statement of the rate
of exchange, and.is stamped in accordance with that state-
ment, it is, so far as regards the subject-matter of the
statement, to be deemed to be duly stamped, unless or until
it is shown that the statement is untrue, and that the instru-
ment is in fact insufficiently stamped.
(3) Notwithstanding anything contained in this section,
it shall be, lawful for the Governor in Council to prescribe
by regulation the manner in' which the duty is to be cal-
culated or ascertained on any such instrument as is referred
to in this section.
29.-(1) Where the consideratio'n, or any part of the
consideration, for a conveyance on sale consists of any
shares or marketable securities, the conveyance is to be
charged with ad valorein duty in respect of the value of
the shares or securities on the day of the date of such
conveyance.
(2) Where the consideration, or any part of the considera-
tion, for a conveyance on sale consists of any security not
being a marketable security, the conveyance is to be
charged with ad valorem duty in respect of the amount due
on the dav of the date thereof for principal and interest
upon the security.
30. Where any property is conveyed to any person in
consideration, wholly or in part, of any debt due to him,
or subject either certainly or contingently to the payment
or transfer of any money or shares, whether being or
constituting a charge or incumbrance upon the property
or not, the debt, money, or shares are to be deemed the
whole or part, as the case may be, of the consideration in
respect whereof the conveyance is chargeable with ad
valorem, duty.
31.-(1) Where property contracted to be sold for one
consideration for the whole is conveyed to the purchaser
in separate parts or parcels by different instruments, the
consideration is to be apportioned in such manner as the
parties think fit, so that a distinct consideration for each
separate part or parcel is set forth in the conveyance
relating thereto, and such conveyance is to be charged with
ad valorem duty in respect of such distinct consideration.,
(2) Where property contracted to be purchased for one
consideration for the whole by two or more persons jointly,
or by any person for himself and others, or wholly for others,
is conveyed in parts or parcels by separate instruments to the
persons by or for whom the same was purchased - for distinct
parts of the consideration, the conveyance for each separate
part or parcel is to be charged with ad valorent duty in respect
of the distinct part of the consideration therein specified.
(3) Where there are several instruments of conveyance for
completing the purchaser's title to property sold, the principal
instrument of conveyance only is to be charged with ad
valorem duty, and the other instruments are to be respectively
charged with such other duty as they may be liable to, but
the last-mentioned duty shall not exceed the ad. valorent duty
payable in respect of the principal instrument.
(4) Where a person having contracted for the purchase of
any property, but not having obtained a conveyance thereof,
contracts to sell the same to any other person and the
property is in consequence conveyed mimediately to the
sub-purchaser, the conveyance is to be charged with ad
valorem duty in respect of the consideration moving from
the sub-purchaser.
(5) Where a person having contracted for the purchase of
any property but not having obtained a conveyance contracts
to sell the whole, or any part or parts thereof, to any other
person or persons, and the property is in consequence con-
veyed by the original seller to different persons in parts or
parcels, the conveyance of each part or parcel is to be charged
with ad valorem duty in respect only of the consideration
moving from the sub-purchaser thereof, without regard to
the amount or value of the original consideration.
(6) Where a sub-purchaser takes an actual conveyance of
the interest of the person immediately selling to him, which
is chargeable with ad valorent duty in respect of the con-
sideration moving from him, and is duly stamped accordingly,
any conveyance to be afterwards made to him of the same
property by the original seller shall be chargeable only with
Such other duty as it may be liable to, but the last-mentioned
duty shall not exceed the ad valorein duty.
32.-(1) A security for the payment or repayment of
money to be lent, advanced, or paid, or which may become
due upon an account current, either with or without money
previously due, is to be charged, where the total amount
secured or to be ultimately recoverable is in any way limited,
with the same duty as a security for the amount so limited.
(2) Where such total amount is unlimited, the security is
to be available for such an amount only as the ad valorein
duty impressed thereon extends to cover, but where any
advance or loan is made in excess of the amount covered by
that duty the security shall for the purpose of stamp duty be
deemed to be a new and separate instrument, and as executed
by all the parties and as bearing date on the day on which
the advance or loan is made.
(3) Provided that no money to be advanced for the insur-
ance of any property comprised in the security against
damage by fire, or for keeping up any policy of life insurance
comprised in the security, or for effecting in lieu thereof any
new policy, or for the renewal. of any grant or lease of any
property comprised in the security upon the dropping of as
life whereon the property is held, shall be reckoned as
forming part of the amount in respect whereof the security
is chargeable with ad valorem duty.
33. The duty on tontine mortgages shall be calculated on
the principal sum advanced and not on the total amount of
the payments secured.
34. The following instruments shall be exempt from stamp
duty under this Ordinance to the extent hereinafter stated:-
(1) All instruments executed. by or on behalf of His
Majesty, or by or on behalf of any officer of His Majesty's
service in his official capacity, shall be wholly exempt from
duty: Provided that this exemption shall not extend to any
document executed by any such officer as Official Administra-
tor, or as Official Receiver, or as Official Receiver of com-
panies, or as a liquidator, or as Official Trustee, or in
pursuance of any order or writ of any court.
(2) All instruments for the sale, transfer, or other disposi-
tion, either absolutely or by way of mortgage or otherwise,
of any vessel, or of any part, interest, share, or property, of
or in any vessel, shall be wholly exempt from duty.
(3) All instruments which relate to property situate out of
the Colony, other than shares and marketable securities,
shall be exempt from duty in respect of such property.
35. Whenever the Land Officer shall certify that a re-
assignment has been Made for the sole purpose of enabling
the mortgagor as the owner of any property held from the
Grown to obtain a Crown lease thereof, and that a new
mortgage of the same property similar in all respects to the
previous mortgage was made immediately upon the granting
of such Crown lease, then such re-assignment and new
mortgage shall be exempt from stamp duty, and the Collect-
or shall, on production to him of such certificate and of such
re-assignment and new mortgage, indorse thereon a certificate
to the effect that the same are under this section exempt
from stamp duty.
36. In case any instrument of which an attested copy
shall. be made has annexed to it or subscribed upon it any
certificate, affidavit, declaration, or attestation referring to
the execution of stich instrument or to any other formality
in connexion with such instrument, no separate or additional
stamp shall be required for or in respect of anattested copy
of any such certificate, affidavit, declaration, or attestation,
and the stamp of three dollars upon the attested copy of
the principal instrument shall be deemed to cover and
include the attested copies of all such certificates, affidavits
declarations, and attestations.
37. The impressions of Chinese names, shop names, or
trading names, commonly called chops , shall not be
deemed to be seals for the purpose of this Ordinance.
38. The Government shall not be responsible for the loss
of or for damage to any instrunient tendered for stamping
whilst in the custody of the Collector, nor shall any officer
of the Stamp Office be responsible for such loss or damage,
unless he has caused it wilfully, frandulently, or by gross
negligence.
39.-(1) Where any obligation or liability is under the
provisions of this Ordinance imposed upon a corporate body,
and such obligation or liability is not discharged, every
director, manager, secretary, and other officer, of the cor-
porate body, who is wilfully a party to the default, and the
said corporate body, shall be deemed to cornmit an offence
against this Ordinance.
(2) Where any obligation or liability is under the provi-
sions. of this Ordinance imposed upon a firm, and such
obligation or liability is not discharged, every partner in the
said firm, and ' every servant of the said firm, who is wilfully
a party to the default, and the person appearing to have the
management of the said firm within the Colony, shall be
deemed to conimit an offence against this Ordinance.
40.-(1) If it appears to a magistrate upon the oath of
any person that there is reason to believe that there are or
may be upon or in the possession or under the control of any
person, or on any premises, any books of account or other
instruments whatsoever any of the contents of which may
tend to show that an offence against this Ordinance has been
committed, it shall be lawful for such magistrate to issue a
search warrant authorising any person named or referred to
in the said warrant to search any such person, and to enter
and search any such premises and any person found therein,
and to inspect and take copies of any books of account or other
instruments found on such premises or upon such person.
(2) Any copies so taken shall be admissible in evidence
in any proceedings under this Ordinance.
(3) No person shall obstruct any such inspection or taking
of copies in any manner whatsoever.
(4) Every person in whose possession or under whose
control there may be any books of account or other docu-
ments whatsoever which the Collector, or any person
authorised thereto by him in writing, may wish to inspect
for the purposes of this Ordinance, shall afford to the Collector,
or to the person duly authorised by him, all reasonable,
facilities for such inspection and for taking copies of such
books of account and documents.
41. Every person who for the purpose of evading any
stamp duty payable under this Ordinance shall. falsify,
mutilate, or destroy any book of account or other instru-
ment whatsoever shall be deemed to commit an offence
against this Ordinance.
42.-(1) No complaint shall be made, or information
laid, for any offence against this Ordinance except within
two years from the date of the offence.
(2) No prosecution shall be instituted under this Ordi-
nance except with the consent of the Collector.
43. Every person who commits or attempts to commit
any offence against this Ordinance shall upon summary
conviction be liable to a fine not exceeding ten thousand dollars
and to imprisonment for any term not exceeding one year.
[s. 44, rep. Law Revision Ordinance, 1924.]
45. This Ordinance shall come into operation on the
2nd day of May, 1921.
STAMP NO. 8 OF 1921. 2600
STAMP NO. 8 OF 1921. 2601
STAMP NO. 8 OF 1921. 2602
STAMP NO. 8 OF 1921. 2603
STAMP NO. 8 OF 1921. 2604
STAMP NO. 8 OF 1921. 2605
STAMP NO. 8 OF 1921. 2606
STAMP NO. 8 OF 1921. 2607
STAMP NO. 8 OF 1921. 2608
STAMP NO. 8 OF 1921. 2609
STAMP NO. 8 OF 1921. 2610
STAMP NO. 8 OF 1921. 2611
STAMP NO. 8 OF 1921. 2612
STAMP NO. 8 OF 1921. 2613
STAMP NO. 8 OF 1921. 2614
STAMP NO. 8 OF 1921. 2615
STAMP NO. 8 OF 1921. 2616
STAMP NO. 8 OF 1921. 2617
2618 NO. 8 OF 1921. STAMP
STAMP NO. 8 OF 1921. 2619
2620 NO. 8 OF 1921. STAMP
STAMP NO. 8 OF 1921 2621
2622 No. 8 of 1921 STAMP [Originally No. 8 of 1921. No. 21 of 1921. No. 24 of 1922. Law Rev. Ord., 1924.] Short title. Collector and Assistant Collector. Interpretation. Accident policy. 54 & 55 Vict.c. 39, s. 98. Bank note. 54 & 55 Vict.c. 39, s. 29. Banker. 54 & 55 Vict.c. 39, s. 29. [s. 3 contd.] Bill of exchange. 54 & 55 Vict.c. 39, s. 32. Bill of lading. Charter party. 54 & 55 Vict.c. 39, s. 49. Cheque. Compradore order. [s. 3 contd.] Conveyance on sale. 54 & 55 Vict.c. 39, s. 54. Exchange contract. Executed Execution. 54 & 55 Vict.c. 39, s. 122. Foreclosure order. 61 & 62 Vict.c. 10, s. 6. Godown warrant. 54 & 55 Vict.c.39, s. 111(1). Instrument. 54 & 55 Vict.c. 39, s. 122. Letter of hypothecation. Life policy. 54 & 55 Vict.c. 39, s. 98. Marine policy. 54 & 55 Vict.c. 39, s. 92(1). [s. 3 contd.] Marketable security. 54 & 55 Vict.c. 39, s. 122. Mortgage. 54 & 55 Vict.c. 39, s. 86 Officer of His Majesty's service. [s. 3 contd.] Partnership instrument. Person. Policy of insurance. 54 & 55 Vict.c. 39, s. 91. Promissory note. 54 & 55 Vict.c. 39, s. 33. Receipt. 54 & 55 Vict.c. 39, s. 101. Servant's security agreement. Settlement. 54 & 55 Vict.c. 39, First Schedule. Share. 54 & 55 Vict.c.39, s. 122. Share contract note. 10 Edw. 7 & 1 Geo. 5, c. 8, s. 77 (3). Regulations. Schedule. Liability to stamp duty, nature of stamp, and time of stamping. Schedule. Non-admissibility of unstamped instruments. 54 & 55 Vict.c. 39, ss. 14, 17, 41. [s. 6 contd.] How instruments are to be written and stamped. 54 & 55 Vict.c. 39, s. 3. Instruments chargeable under more than one heading. 54 & 55 Vict.c. 39, s. 4. Facts and circumstances affecting duty to be set forth in instruments. 54 & 55 Vict.c. 39, s. 5. Collector to have power to call for abstract and evidence. Splitting. Cancellation of adhesive stamps. 54 & 55 Vict.c. 39, s. 8. Methods of stamping and denoting. Schedule. 54 & 55 Vict.c. 39, s. 11. Duplication and counterparts. 54 & 55 Vict.c. 39, s. 72. Adjudication of duty by Collector. 54 & 55 Vict.c. 39, s. 12. Schedule. Appeal against assessment. 54 & 55 Vict.c. 39, s. 13. Stamping by special leave. 54 & 55 Vict.c. 39, s. 15. 58 & 59 Vict.c. 16, s. 15. Instruments executed out of the Colony. 54 & 55 Vict.c. 39, s. 15(2)(a), (3)(a). Schedule. Foreign bills and notes. 54 & 55 Vict.c. 39, s. 35. Bill in sets. 54 & 55 Vict.c. 39, s. 39. Penalty for issuing, etc., any unstamped bill or note. 54 & 55 Vict.c. 39, s. 38. Certificates to practise. Schedule. Exchange contracts. Schedule. [s. 22 contd.] Schedule. Gifts inter vivos. 10 Edw. 7 & 1 Geo. 5, c. 8, s. 74. Proxies. 54 & 55 Vict.c. 39, s. 80. Refusal to give receipt. 54 & 55 Vict.c. 39, s. 103. Share contract notes. 10 Edw. 7 & 1 Geo. 5, c. 8, s. 78 (1). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 78 (3). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 78 (5). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 77(2). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 77(4). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 79 (1). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 79 (2). Telegraphic transfers. Calculation of ad valorem duty as regards foreign currency. 54 & 55 Vict.c. 39, s. 6. 62 & 63 Vict.c 9, s. 12. Calculation of ad valorem duty where the consideration consists of shares or securities. 54 & 55 Vict.c. 39, s. 55. Calculation of ad valorem duty where the conveyance is in consideration of a debt, etc., to be charged. 54 & 55 Vict.c. 39, s. 57. Conveyance duty in certain cases. 54 & 55 Vict.c. 39, s. 58. Security for future advances, how to be charged. 54 & 55 Vict.c. 39, s. 88. Tontine mortgages. General exemptions. Re-assignments and mortgages made for the sole purpose of a new Crown lease. Attested copies of instruments containing attestation clauses. Chinese chops. Responsibility for loss of or damage to instrument. Liability of the case of corporate bodies and firms. Inspection. Falsification. Limitation of time and consent of Collector. Penalties. Commencement. [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.]
Abstract
[Originally No. 8 of 1921. No. 21 of 1921. No. 24 of 1922. Law Rev. Ord., 1924.] Short title. Collector and Assistant Collector. Interpretation. Accident policy. 54 & 55 Vict.c. 39, s. 98. Bank note. 54 & 55 Vict.c. 39, s. 29. Banker. 54 & 55 Vict.c. 39, s. 29. [s. 3 contd.] Bill of exchange. 54 & 55 Vict.c. 39, s. 32. Bill of lading. Charter party. 54 & 55 Vict.c. 39, s. 49. Cheque. Compradore order. [s. 3 contd.] Conveyance on sale. 54 & 55 Vict.c. 39, s. 54. Exchange contract. Executed Execution. 54 & 55 Vict.c. 39, s. 122. Foreclosure order. 61 & 62 Vict.c. 10, s. 6. Godown warrant. 54 & 55 Vict.c.39, s. 111(1). Instrument. 54 & 55 Vict.c. 39, s. 122. Letter of hypothecation. Life policy. 54 & 55 Vict.c. 39, s. 98. Marine policy. 54 & 55 Vict.c. 39, s. 92(1). [s. 3 contd.] Marketable security. 54 & 55 Vict.c. 39, s. 122. Mortgage. 54 & 55 Vict.c. 39, s. 86 Officer of His Majesty's service. [s. 3 contd.] Partnership instrument. Person. Policy of insurance. 54 & 55 Vict.c. 39, s. 91. Promissory note. 54 & 55 Vict.c. 39, s. 33. Receipt. 54 & 55 Vict.c. 39, s. 101. Servant's security agreement. Settlement. 54 & 55 Vict.c. 39, First Schedule. Share. 54 & 55 Vict.c.39, s. 122. Share contract note. 10 Edw. 7 & 1 Geo. 5, c. 8, s. 77 (3). Regulations. Schedule. Liability to stamp duty, nature of stamp, and time of stamping. Schedule. Non-admissibility of unstamped instruments. 54 & 55 Vict.c. 39, ss. 14, 17, 41. [s. 6 contd.] How instruments are to be written and stamped. 54 & 55 Vict.c. 39, s. 3. Instruments chargeable under more than one heading. 54 & 55 Vict.c. 39, s. 4. Facts and circumstances affecting duty to be set forth in instruments. 54 & 55 Vict.c. 39, s. 5. Collector to have power to call for abstract and evidence. Splitting. Cancellation of adhesive stamps. 54 & 55 Vict.c. 39, s. 8. Methods of stamping and denoting. Schedule. 54 & 55 Vict.c. 39, s. 11. Duplication and counterparts. 54 & 55 Vict.c. 39, s. 72. Adjudication of duty by Collector. 54 & 55 Vict.c. 39, s. 12. Schedule. Appeal against assessment. 54 & 55 Vict.c. 39, s. 13. Stamping by special leave. 54 & 55 Vict.c. 39, s. 15. 58 & 59 Vict.c. 16, s. 15. Instruments executed out of the Colony. 54 & 55 Vict.c. 39, s. 15(2)(a), (3)(a). Schedule. Foreign bills and notes. 54 & 55 Vict.c. 39, s. 35. Bill in sets. 54 & 55 Vict.c. 39, s. 39. Penalty for issuing, etc., any unstamped bill or note. 54 & 55 Vict.c. 39, s. 38. Certificates to practise. Schedule. Exchange contracts. Schedule. [s. 22 contd.] Schedule. Gifts inter vivos. 10 Edw. 7 & 1 Geo. 5, c. 8, s. 74. Proxies. 54 & 55 Vict.c. 39, s. 80. Refusal to give receipt. 54 & 55 Vict.c. 39, s. 103. Share contract notes. 10 Edw. 7 & 1 Geo. 5, c. 8, s. 78 (1). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 78 (3). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 78 (5). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 77(2). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 77(4). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 79 (1). 10 Edw. 7 & 1 Geo. 5, c. 8, s. 79 (2). Telegraphic transfers. Calculation of ad valorem duty as regards foreign currency. 54 & 55 Vict.c. 39, s. 6. 62 & 63 Vict.c 9, s. 12. Calculation of ad valorem duty where the consideration consists of shares or securities. 54 & 55 Vict.c. 39, s. 55. Calculation of ad valorem duty where the conveyance is in consideration of a debt, etc., to be charged. 54 & 55 Vict.c. 39, s. 57. Conveyance duty in certain cases. 54 & 55 Vict.c. 39, s. 58. Security for future advances, how to be charged. 54 & 55 Vict.c. 39, s. 88. Tontine mortgages. General exemptions. Re-assignments and mortgages made for the sole purpose of a new Crown lease. Attested copies of instruments containing attestation clauses. Chinese chops. Responsibility for loss of or damage to instrument. Liability of the case of corporate bodies and firms. Inspection. Falsification. Limitation of time and consent of Collector. Penalties. Commencement. [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.]
Identifier
https://oelawhk.lib.hku.hk/items/show/1340
Edition
1923
Volume
v5
Subsequent Cap No.
117
Cap / Ordinance No.
No. 8 of 1921
Number of Pages
50
Files
Collection
Historical Laws of Hong Kong Online
Citation
“STAMP ORDINANCE, 1921,” Historical Laws of Hong Kong Online, accessed March 17, 2025, https://oelawhk.lib.hku.hk/items/show/1340.