STAMP ORDINANCE, 1921

STAMP ORDINANCE, 1921

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.

The Bills of Exchange Ordinance, 1885, does not affect the provisions of
this Ordinance : see No. 3 of 1885, s. 96. See also No. 30 of 1915
[Asiatic Emigration], Fourth Schedule, * regulat ion 13.





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 Accountant-General shall be Collector.

(2) The Assistant Collector shall have the same rights and
powers as the Collector.

3. In this Ordinance,

(i) ' 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 issued by 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;

(4) ' Bill of exchange ' includes cheque, circular note,
draft, letter of credit, order, travellers cheque and any instru-
ment (except a bank note or comprador order) entitling or
purporting to entitle any person, whether named therein or not,
to payment by any other personof, 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 sum 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 any sum
of money, or for the payment of any sum of money out of any

As amended by No. 26 of 1929 [6.12.29] and No. 20 of 1935 [18.4.35].
As amended by Law Rev. Ord., 1939, Supp. Sched.





particular 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;

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 on a banker and payable
on demand;

(8) ' Comprador order means an order for the payment of money
addressed to a comprador., and signed by the employer of the comprador or
by some person in common employment with the comprador;

(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;

i) ' 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) ' Instrument ' includes every written document;

(15) ' Letter of hypothecation, means an instrument
accompanying a deposit with a banker of the documents of title to
goods, shares or marketable securities;

(16) ' Life policy means a policy of insurance upon any life or
lives 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) ' Marketable security ' means a security of such a
description as to be capable 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 money 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 sold or otherwise converted into money, intended only as a
security, and redeemable before the sale or other disposal thereof.,
either by express stipulation or otherwise; and

(c) any instrument for defeating or making redeemable., or
explaining or qualifying any conveyance, transfer or disposition
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 equitable 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) or a trust receipt given to a banker;

(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, reorganization 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

(23) ' Policy of insurance ' includes every instrumen
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 acknowledged
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
comprador gives 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 responsibilities arising from such
business,, whether such security is given by the binding qf 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 bond 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 purchase 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 or debenture (being





a marketable security) in the stocks or funds of any foreign or
colonial state or government, 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, cornpany or society;
(29). ' Share contract note ' means the note sent by a
broker or agent to his principal, or by any person 'Who by way
of business deals, or holds himself 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. 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 increas-
ing any stamp duty specified in the Schedule or of imposing any
new or additional duty not specified in the Schedule;
(b) for. imposing any obligations, in addition to those
imposed, in this Ordinance and in * the 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
Schedule or of imposing any new or additional duty not specified,
in the 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 methods of stamping and denoting; and

(e) generally for carrying out the objects of this Ordinance.

5.-(1 ) Subject to the exemptions contained in this Ordin-
ance and in any other enactment, 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
.Schedule.

Asamended by No. 26 of 1929 [6.12.29]. Particulars of a contract for
shares in a: company, delivered to the registrar under the Companies
Ordinance, 1932, must be stamped, and are deemed ' an instrument
within the meaning of this Ordinance : see No. 39 of 1932, s. 44 (2).
As amended by Law Rev. Ord., 1939, Supp. Sched.





(2) The stamps to be affixed or impressed upon the Paid
instruments shall be adhesive, impressed or, overembossed, ' as
may be respectively specified in the fourth column of 'the
Schedule.

(3) Subject to the provisions of sectiotis 16, 17, iS 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 Schedule, and where
in the said fifth column it is provided that an instrument is
to be stamped within a certain period of tinie after execution,
the said pieriod 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
Schedule.

(4) Where in the fifth column of the Schedule it is
specified that an instrument is to be stamped before. execution,
such instrument must, be stamped before execution by any party
thereto.

(5) If any instrument which is chargeable with stamp duty
is not duly stamped, the person or persons respectively specified
in the sixth column of the 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.

(6) If any instrument which is liable to stamp duty is not
duly stamped, every person specified in the sixth column of the
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 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 either
civilly or -criminally without ' reference to any civil liability of
the parties intei se for the payment of the stamp duty.

(8) Where in the Schedulp A 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.' Schedule and in
any regulations which may be made tinder this Ordnance on
the subject.





6.-(1) Subject to the provisions of sub-section (3) 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
Collector 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 has
or has not arrived or expired as the case may be.

No instrument chargeable with stamp duty under this
Ordinance shall be acted upon, field or registered by any
public offi&r ot 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 has
or has not 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 pu61ic officer, to take notice of the omission
or insufficiency of the stamp on such instrument 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 the instrument should have been stamped has
arrived or expired, as the case may be, and the instrument is
one in respect of which a person is specified in the sixth column
of the Schedule as being liable for the stamping thereof, the
instrument shall' be impounded and, unless the instrument has
been produced 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 shall, if he
desires, be given a reasonable opportunity of applying to the
Collector for special leave under the provisions of section 16

(c) in all other cases, unless otherwise expressly provided
in this Ordinance, the instrument shall, saving all just exceptions
on other grounds, be received in evidence upon payment to the

As amended by Law Rev. Ord., 1939, Supp. Sched.





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 instrument 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 registered 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 instrument 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 .........; $S

over one, month and within three months out of time $25
over three months and within six months out of time $50

over six months ou, of time .......$100.

7.-(1) Every instrument written upon starpped 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 it 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 instrument 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, and also for any
further or other valuable consideration or considerations, shall





be separately and -distinctly charged, as if it were a separate
instrument, 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 intencto 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 Ordinance.

9A. Whenever any instrument is tendered for stamping
and whenever the Collector is required under section 14 to
express his opinion with reference to any instrument, the
Collector may require to be furnished with an abstract of the
instrument and also with such evidence.as he may deem neces-
sary in order to show to his satisfaction whether all the facts and
circumstances affecting the liability'of the instrument to duty,
ot the amount of the duty chargeable thereon, are fully and
truly set forth therein.

10.-(i) Where any minimum amount is prescribed below
which stamp duty shall not be payable, no person shall execute
more instruments than would ordinarily be necessary for the
transaction in,question, in order to evade stamp duty by soch
splitting..

(2) Where a scale is prescribed under which the rate of
stamp duty is increased after passing certain limits, no person
shall execute more instruments than would ordinarily be neces-
sary for the transaction in question, in order to evade stamp
duty by such splitting.

As amended by Law Rev. Ord., 1939, Supp. Sched.





(-) In any question whatsoever arising under this section
the onus of proof shall lie upon the person who asserts that there
has been no splitting in order to evade stampduty.

IL-(i) 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. affi xing the adhesive stamp shall cancel it forthwith
and before he parts with the instrument.

(4) Subject to the. provisions 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
such 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

As amended by Law Rev. Ord., 1939, Supp. Sched.





that it is.not chargeable with any duty until it has beer, stamped
with the adjudication fee stamp.

(4). The adjudication fee stamp shall in eyery case bear
the signature or initials of th'e 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 appears
thereon.

(6) Where the duty with which'an instrument is chargeable
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 instru-
ments, 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 chargeable
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 some indorse-
ment made by the Collector thereon, that the full and proper duty
has been paid upon the original instrument of which it is. the
duplicate or counterpart.

14-(i) 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.

As amended by Law Rev. Ord.., 1939, Supp. Sched.





(2) If the Collector is of opinion that the instrument is nqt
chargeable with any duty, it may be stamped with a, particular
stamp denoting that it is not chargeable with any duty.

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.

(4) Every instrument stamped either with the particular
stamp denoting 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.

(5) 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. in, accordance with the
assessment.

(6) Nothing in this section shall extend to any instrument
chargeable.with ad valorem duty and made as a security for
money or stock without limit.

(7) Nothing in this section shall authorize. the stamping
after the execution , thereof of any instrument which by law
cannot be stamped after execution.

(8) 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 circumstance required. by this
Ordinance to be stated therein.

9) The person submitting the instrument for assessment
shall pay to the Collector the adjudication fee specifi~d 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 against 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 by 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 bearing.

(3) Upon the' hearing of the 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.





(6) that either-
(i) such omissiqn or neglect arose solely, from urgent
necessity or unavoidable accident and that the instrument has
been 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 sublsection (i) 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 the 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 require
his application to be referred to the Governor in Council whose
decision thereon shall be final for all purposes.

(4) Upon any application for special leave under the pro-
visions 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
under the provisions of this section, such instrument shall be
deemed to have been duly stamped for the purposes of section 6.

16A. Notwithstanding any enactment to the contrary, a bill
of exchange which is presented for acceptance, or accepted, or
payable, outside the Colony or. a cheque whether presented for
acceptance, or accepted,0000 or payable, outside or inside the Colony





shall not be invalid by reason only that it is not stamped in
accordance with the provisions of this Ordinance, and any such
bill of exchange or cheque which is unstamped or not properly
stamped may be received in evidence on payment of the proper
duty and penalties as provided by sections 6 and 16 of this
Ordinance.

17. Every instrument executed out 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 the
Colony, 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 time before which or the
period within which. such an instrument, if executed in the first
instance within the Colony, should be stamped.

18.-(1)' Every person into whose hands any bill of ex-
change or promissory note drawn or made out of the 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 comes into'
the hands of any bond fide holder there is affixed thereto an
adhesive stamp not duly cancelled, it shall be competent for
the holder to cancel the stamp as if he were the person by whom
it was affixeid, 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
As amended by No. 20 of 1935 [18.4.35] and Law Rev. Ord., 1939,
Supp. Sched.





person from any fine or penalty incurred by. him for not
cancelling an adhesive stamp.

19.-(1) When a bill of exchange is drawn in 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 duty; 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 unstamped,'
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 bl.ank.

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
slarnped shall be deemed to commit an offence against this Ordin-
ance, and the person who takes or receives from any other person
any such bill or note either in payment 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 payment
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 duty 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, auditor on the
current authorized, list published under section. 131 (3) of the
Companies Ordinance,. 1932', 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 heading No. 13 in the Schedule:

Provided that this sub-section shall not be deemed to require
an additional certificate in respect of practice under a firm name
where the names of the individual professional partners, assist-
ants and servants'of the firm appear on the said current authorized
list.

(2) No person who is required under the provisions of this
section to take out a ceftificate shall be entitled to recover any
fees, costs or other remuneration on any cause of action unless
either-

(a) he was in p9ssession of a valid certificate to practise at
the time 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.

(2A) A person who is required under the provisions of this
section to take out a certificate and who fails to take out the
same shall be liable civilly to the Collector for the payment of
the duty which but for such failure would have been payable.

(3) This section shall not apply to the following-

(a) any person thewhole of whose time is at the disposal
of the Crown;

(b) any professor of the Faculty of Medicine of the Univer-
sity of Hong Kong;

As amended by No. 26 of 1929 [6.12.29], No. 29 of 1931 [1.1.32], No. 20
of 1935 [18.4.35] and Law Rev. Ord., 1939, Supp. Sched.





(c) any person who may for the time being be exempted
by the Governor in Council on the ground that the whole of
the time of such person is at the disposal of some charitable
institution.

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 in the Schedule as the person
liable for stamping shall forthwith execute 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 shall be calculated on the equivalent of the
sum of foreign currencyin the currency of the Colony at the
rate of exchange which under the contract would be the rate 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
Hong Kong currency, as provided in sub-section (2), of the
amount of foreign currency cancelled or set Of 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 stamp-
ing 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 withiif 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, bond 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 inter vivos 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 pur-
poses of this section be deemed to be a conveyance or transfer
operating 'as a voluntary disposition inter vivos, 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 th~ 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 nominal considera-
tion for the purpose of securing the repayment of an advance or
loan or made for effectuating the appointmeAt 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 impl,ied, shall not be charged with duty
under this section, and this sub-section shall have effect notwith-
standing that the 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 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 adjourninent 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
st amped, 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 refuses 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.

25A._(1) Every instrument tinder hand only (not being a
promissory note or bill of exchange) given upon the occasion
of the deposit of any share warrant or certificate to bearer or
foreign or colonial share certificate, or any security for money
transferable by delivery, by way of security for any loan, shall
be deemed to be an agreement and shall be charged with duty
accordingly.

(2) Every instrument uncter hand only (not being a promis-
sory note or bill of exchange) making redeemable or qualifying

As amended by No. 20 of 1935 [18.4.35].
As amended by Lmy Rev. Ord., 1939, Supp. Sched.





a duly stamped transfer, intended as a security, of any registered share or
marketable security shall be deemed to be an agreement and shall be
charge with duty accordingly.

(3) A release or discharge of any such instrument shall not be
chargeable with any ad valomin duty.

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 marketable 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, commission or agency with reference to the sale or
purchase of any shares or marketable securities if he fails 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 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 transactions 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 ot 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 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 contract shall 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 (i) 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.

26A.-(i) No person shall be entitled to claim, directly or
indirectly, the payment of any dividend, or of the amount or
value of any dividend, on any share on a. share register which
is by law required to be kept within the Colony, unless-

(a) such person is the registered owner of the share in
question at the time of such claim ; or
(b) such person was the registered owner of the share in
question. at some date subsequent to the declaration of the
dividend in question; or

(c) such person is entitled to be paid such dividend under
a bond fide declaration of trust in favour of a specified person or
firm, or otherwise as a bond fide cestui que trust; or
(d) such person has bond fide lent money on the security of
the share in question and is entitled by the express written terms
of the loan agreement to claim, such dividend.

(2) No person shallt orally or in writing, demand or request,
or accept, directly or indirectly, payment of any dividend, or of
the amount or value of any dividend, which under the provisions
of sub-section (i) he is not entitled to, claim..

(3) No person shall, directly or indirectly, pay any divid-
end, or the amount or value of any dividend, on any share on
a share register which is by.law required to be kept within the
Colony, to any other* person unless-

As amended by No. 26 of 1929 [6.12.29].





(a) such other person is the registered owner of the share
in question ; or
(b) such 'other person was the registered owner of the share
in question at some date subsequent to the declaration of the
dividend in question; or
(c) such otheir person is entitled to be paid such dividend
under a bond fide declaration of trust in favour of a specified
person or firm, or otherwise as a bond fide cestui que trust; or
(d) such other person has bond fide lent money on the
security of the share in question and is entitled by the express
written terms of the loan' agreement to claim such dividend.

(4) For the purposes of this section, notwithstanding any
declaration of trust or agreement whatsoever, no unregistered
.beneficial owner of any share shall be deemed to be entitled as
a cestui que trust to be paid any dividend on such share by any
previous beneficial owner of such share.,
(5) Every person who contravenes any of the provisions of
this section shall upon summary conviction be liable to a fine
not exceeding one thousand dollars or not exceeding the total
amount of the dividend in question, whichever limit be the
greater.

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 currency of the Colony of the money
so despatched.

(2) Every person who despatches any money frorn the
Colony on behalf of any other person. by telegraphic transfer
shall be entitled to recover third 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 computa-
tion of the period of two days specified in sub-section (i).

(4) This section shall not apply to telegraphic transfers in
silver currencies from the Colony to China.

28.-(i). Where an instrument is chargeable with ad valorem
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 theturrent demand rate of exchange,

Where an instrument contains a- statement:of the rate
of exchange and is stamped in accordance with that statement
it is, so far as regards the subject-matter of the statement,
be deemed to be duly stamped, unless or until it is shown that
the statement is untrue and that the, instrument 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 calculated or
ascertained on any such instrument as is referred to in this
section.

29.-(1) Where the consideration or any part of the con-
sideration' for a conveyance on sale' consists of any shares or
marketable securities, the conveyance is to be charged, with ad
valorem duty in respect of the value of the shares or securities
on the day of the date of such conveyance.

(i) Where the consideration or any part of the considera-
tion for a conveyance on sale consists of any security pot being
a marketable security, the conveyance is to be charged with
ad valorem duty in respect of the amount due on the day of the
date thereof for principal and interest upon the, security.

30. Where any property is conveyed to any person in con-
sideration, 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 con-
sideration 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 of each separate part
or parcel is to be charged with ad valorem duty in respect of the
distinct part of the consideration therein specified.

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 valoTem
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 valorem 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 immediately 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 conveyed 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 valorem duty in.respect of the consideration
moving from him and is duly stamped accordingly, any convey-
ance 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 valorem duty.





31A.-(1) Any contract or agreement for the sale of any
equitable estate or interest in any property whatsoever, or for
the sate of any estate or interest in any property except lands,
tenements or hereditaments, or property locally situate out of the
Colony, or goods, wares or merchandise, or shares, or.market-
able securities, or United Kingdom patents, or trade marks and
the proportion of goodwill created thereby, or any ship or vessel,
or part,interest, share or property of or in any ship or vessel,
shall be charged with the same hd valorem duty, to be paid by
the purchaser, as if it were an actual conveyance on sale of. the
estate, interest'or property contracted or agreed to be sold.

(2). Where the purchaser has paid the said ad valorem duty
and before having obtained a conveyance or transfer of the
property enters into a contract or agreement for the sale of
the same, the contract or agreement shall be charged, 'if the
consideration for that sale is in excess of the consideration for
the original sale, with the ad valorent duty payable in respect of
such excess consideration, and in any other case with the fixed
duty of twenty dollars or one dollar, as the case may require.
(3) Where duty has been duly paid in conformity with the.
foregoing provisions, the conveyance or transfer, made to the
purchaser or sub-purchaser, or any other person ' on his behalf
or by his direction, shall not be chargeable with any duty, and
the Collector upon application either shall denote the payment
of the ad valorem duty upon the conveyance or transfer or shall
transfer the ad valorem duty thereto upon production of the
contract or agreement, or contracts or agreements, duly stamped :

(4) Provided that where any such contract or agreernent is
stamped with the fixed duty of twenty dollars or one dollar, as
the case may require, the contract or agreement shall be regarded
as duly stamped for the mere purpose of proceedings to enforce
specific performance or recover damages for the breach thereof
(5) Provided also that where any such contract or Agree-
ment is stamped with the said fixed duty., and a conveyance or
transfer made in conformity with the contract or agreement is
presented to the Collector for stamping with the ad valorem duty,
chargeable, thereon within the period of six months after the
first execution of the contract or agreement or within such longer
period as the Collector may think reasonable in the circum

As ainended by No. 36 of 1936 [11.9.36] and Law Rev. Ord., 1939,
Supp. Selied.





stances of the case, the conveyance or transfer shall be stamped
accordingly, and the same, and the said contract or agreement,
shall be deemed to be duly stamped. Nothing in this proviso
shall alter or affect the Provisions as to the stamping of a
conveyance or transfer after the execution thereof:
(6) Provided also that the ad valorem duty paid upon any
such contract or agreement shall be returned by the Collector
in case the contract or agreement be afterwards rescinded or
annulled, or for any other reason be not substantiall performed
or carried into effect, so as to operate as or be followed by a
conveyance or transfer. .

'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 valorem duty
impressed thereon extend 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 com-
prised in the security upon the dropping of any 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-

As amended by No. 1 oF 1925 [6.3.25].





(i) all instruments made or 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, or whereby any property or
interest is transferred to or any contract of any kind whatsoever
is made with His Majesty or with any person for or on behalf
of His Majesty or with any such officer in, his official capacity as
aforesaid, shall be wholly exempt from duty: Provided that this
exemption shall not extend to any document executed by any
such officer as Official Administrator, or as Official Receiver, or
as Official Receiver of Companies, 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 disposition,
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 dtity;
(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.-(1 ) Whenever the Land Officer certifies that a re-
assignment has been made for the sole purpose of enabling
the mortgagor or his assigns as the owner of any immovable
property held frorn the Crown to obtain, a Crown lease thereof,
and that a new mortgage. of the same property similar 'as far
as possible to the previous mortgage was made immediately
upon the granting of such Crown lease, then such reassignment
and new mortgage shall be exempt from stamp duty, and the
Collector shall, on production to him of such certificate and of
such reassignment and new mortgage, indorse thereon a certificate
to the effect that the same are under tInis section exempt from
stamp duty.
(2) Whenever the Land Officer certifies that a reassignment
has been made for the sole purpose of enabling the mortgagor
or his assigns as the owner of any immovable property held
from the Crown to surrender the said property to the Crown
as consideration . or part consideration for an exchange, and that
a new mortgage of the, property granted in exchange similar as
far as possible to the previous mortgage was made immediately
As amended by No. 1 of 1925 [6.3.25], No. 36 of 1936 [11.9.36] and
Law Rev, Ord., 1939, Supp. Sched.





upon the granting of such property granted in exchange, then
such reassignment and new mortgage shall be exempt from
stamp.. duty,, and the Collector shall, on production to him of
such certificate and of such reassignment 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 is
made has annexed to it or subscribed upon it any certificate,
affidavit, declaration or attestation referring to ' the execution of
such instrument or to any other formality in connexion with such
instrument, no separate or additional stamp shall be required
for or in respect of an attested 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, s hop names or
trading names, commonly called ' chops ', shall not be deemed
to be seals. for the purposes of this Ordinance.

38. The Government shall not be responsible for the loss of
or for damage to any instrument 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, fraudulently 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 corporate body who
is wilfully a party to the default, and the said corporate body,
shall be deemed to commit an offence against this Ordinance.

(2) Where any obligation or liability is under the provisions
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 commit an
offence against this Ordinance.

As amended by Law Rev. Ord., 1939, Supp. Sched.





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 of which any of the contents 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
authorizing 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 documents
whatsoever which the Collector, or any person authorized
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 authorized by him all reasonable facilitie's 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 falsifies, mutilates or destroys
any. book of account or other instrument 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 he instituted under this Ordinance
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.

As amended by Law Rev. Ord., 1939, Supp. Sched





SCHEDULE. [ss. 4, 5,17, 21, 22.]






For stamp duty on Emigration Officer's certificate and application therefor see No. 39 of 1915,
Fourth Schedule, reg. 13.
As amended by Law Rev. Ord., 1939, Supp. Sched.



1524 No. 8 of 1921. STAMP.





As amended by No. 1 of 1025 [6.3.25].
As amended by No. 36 of 1936 [11.9.36] and Law Rev.
Ord.,1939, Supp. Sched.
A, s amended by Law Rev. Ord., 1939, 'Supp. Sched.


1526 No. 8 of 1921. STAMP.



1527 STAMP. No. 8 of 1921.





1528 No. 8 of 1921. STAMP.




1529 STAMP. No. 8 of 1921



1530 No. 8 of 1921. STAMP.





As amended by No. 29 of 1931 [1.1.32].
As amended by No. 1 of 192-55 [6.3.25].
As amended by No. 30 of 1930 [1.1.31]. - As amended by No. 20 of. 1935- [18.4.35].



1532 No. 8 of 1921. STAMP.





As amended by No. 26 of 1929 [6.12.29]. As amended by N0. 30 of 1930 [1.1.31]
A9 amended by Law Rev. Ord., 1939, Supp, Sched.,



1534 No. 8 of 1921. STAMP.






1935 STAMP. No. 8 of 1921.


As amended by No. 26 of 1929 [6.12.29].



1536 No. 8 of 1921. STAMP.








As amended by No. 1 of 1925 [6.3.25], No. 26 of 1929 [6.12.29],
No. 25 of 1930 [5.12.30], No. 20 of 1935 [18.4.35] and
No. 36 of 1936 [11.9.36].




1538 No. 8 of 1921. STAMP.



1539 STAMP. No. 8 of 1921.


1540 No. 8 of 1921. STAMP.


1541 STAMP No. 8 of 1921.



1524 No. 8 of 1921. STAMP.



STAMP. No. 8 of 1921. 1543


1544 No. 8 of 1921. STAMP.



STAMP. No. 8 of 1921. 1545



1546 No. 8 of 1921. STAMP.




As amended by No. 30 of 1930 [1.1.31].




1548 No. 8 of 1921. STAMP. [Originally No. 8 of 1921. No. 1 of 1925. No. 26 of 1929. No. 25 of 1930. No. 30 of 1930. No. 29 of 1931. No. 20 of 1935. No. 36 of 1936. Law Rev. Ord., 1939.]* Short title. Collector and Assistant Collector. Interpretation. Accident policy 54 & 55 Vict. c. 39, s. 29. Bill of exchange 54 & 55 Vict. c. 39, s. 32 [s. 3 contd.] Bill of lading. Charter party. 54 & 55 Vict. C. 39, s. 49. Cheque. Comprador order. Conveyance on sale. 54 & 55 Vict. C. 39, s. 54. Exchange contract. [s. 3 contd.] 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). Marketable security. 54 & 55 Vict. c. 39, s. 122. [s. 3 contd.] Mortgage. 54 & 55 Vict. C. 39, s. 86. Officer of His Majesty's service. Partnership instrument. [s. 3 contd.] 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, c. 8, s. 77 (3). Regulations. Schedule. Liability to stamp duty, nature of stamp, and time of stamping.* Schedule. [s. 5 contd.] Non-admissibility of unstamped instruments. 54 & 55 Vict. C. 39, ss. 14, 17, 41.* Schedule. 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. Duplicates and counter-parts. 54 & 55 Vict. c. 39, s. 72. Adjudication of duty by Colletor. 54 & 55 Vict. c. 39, s. 12. [ cf. S. 9A.] [s. 14 contd.] Schedule. Appeal against assessment. 54 & 55 Vict. c. 39, s. 13. Stamping by special leave. [cf. 54 & 55 Vict. C. 39, s. 15, and 58 & 59 Vict. c. 16, s. 15.] Effect of non-compliance with stamp laws in case of certain bills of exchange. 23 & 24 Geo. 5, c. 19, s. 42.* Instruments executed out of the Colony [cf. 54 & 55 Vict. c. 39, s. 15 (2) (a), (3) (a).] Foreign bills and botes. 54 & 55 Vict. c. 39, s. 35. Bills in sets. 54 7 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.* Ordinance No. 39 of 1932. Schedule. Exchange contracts. Schedule. Gifts inter vivos. 10 Edw. 7, c. 8, s. 74. Proxies. 54 & 55 Vict. c. 39, s. 80. Refusal to give receipt. 54 & 55 Vict. c. 39, s. 103. Certain mortgages of shares to be chargeable as agreements. 54 & 55 Vict. c. 39, s. 23.* Share contract notes. 10 Edw. 7. c. 8, s. 78(1). 10 Edw. 7, c. 8, s. 78(3). 10 Edw. 7, c. 8, s. 78(5). 10 Edw. 7, c. 8, s. 77 (2), 10 Edw. 7, c. 8, s. 77 (4). 10 Edw. 7, c. 8, s. 78 (1). 10 Edw. 7, c. 8, s. 78 (2). Passing on of dividends prohibited.* Telegraphic transfers. Calculation of ad valorem duty as regards. forgien currency. 54 & 55 Vict. c. 39, s. 6. [cf. 62 & 63 Vict. c. 9, s. 12] Calculation of ad valorem duty whore 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, 3. 58. [s. 31 contd.] Certain contracts to be chargeable with conveyance duty. 54 & 55 Vict. C. 39, s. 59.* Security for futrue advances, how to be charged. 54 & 55 Vict. c. 39, s. 88. Tontine mortgages. General exemptions.* Reassignments and mortgages made for the sole purpose of a new Crown lease: reassignments and mortgages made for the sole purpose of surrender with a view to exchange. Attested copies of instruments containing attestation clauses.* Chinese 'chops'. Responsibility for loss of or damage to instrument. Liability in the case of corporate bodies and firms. Inspection. Falsification.* Limitation of time and consent of Collector. Penalties. [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.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.]

[Originally No. 8 of 1921. No. 1 of 1925. No. 26 of 1929. No. 25 of 1930. No. 30 of 1930. No. 29 of 1931. No. 20 of 1935. No. 36 of 1936. Law Rev. Ord., 1939.]* Short title. Collector and Assistant Collector. Interpretation. Accident policy 54 & 55 Vict. c. 39, s. 29. Bill of exchange 54 & 55 Vict. c. 39, s. 32 [s. 3 contd.] Bill of lading. Charter party. 54 & 55 Vict. C. 39, s. 49. Cheque. Comprador order. Conveyance on sale. 54 & 55 Vict. C. 39, s. 54. Exchange contract. [s. 3 contd.] 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). Marketable security. 54 & 55 Vict. c. 39, s. 122. [s. 3 contd.] Mortgage. 54 & 55 Vict. C. 39, s. 86. Officer of His Majesty's service. Partnership instrument. [s. 3 contd.] 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, c. 8, s. 77 (3). Regulations. Schedule. Liability to stamp duty, nature of stamp, and time of stamping.* Schedule. [s. 5 contd.] Non-admissibility of unstamped instruments. 54 & 55 Vict. C. 39, ss. 14, 17, 41.* Schedule. 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. Duplicates and counter-parts. 54 & 55 Vict. c. 39, s. 72. Adjudication of duty by Colletor. 54 & 55 Vict. c. 39, s. 12. [ cf. S. 9A.] [s. 14 contd.] Schedule. Appeal against assessment. 54 & 55 Vict. c. 39, s. 13. Stamping by special leave. [cf. 54 & 55 Vict. C. 39, s. 15, and 58 & 59 Vict. c. 16, s. 15.] Effect of non-compliance with stamp laws in case of certain bills of exchange. 23 & 24 Geo. 5, c. 19, s. 42.* Instruments executed out of the Colony [cf. 54 & 55 Vict. c. 39, s. 15 (2) (a), (3) (a).] Foreign bills and botes. 54 & 55 Vict. c. 39, s. 35. Bills in sets. 54 7 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.* Ordinance No. 39 of 1932. Schedule. Exchange contracts. Schedule. Gifts inter vivos. 10 Edw. 7, c. 8, s. 74. Proxies. 54 & 55 Vict. c. 39, s. 80. Refusal to give receipt. 54 & 55 Vict. c. 39, s. 103. Certain mortgages of shares to be chargeable as agreements. 54 & 55 Vict. c. 39, s. 23.* Share contract notes. 10 Edw. 7. c. 8, s. 78(1). 10 Edw. 7, c. 8, s. 78(3). 10 Edw. 7, c. 8, s. 78(5). 10 Edw. 7, c. 8, s. 77 (2), 10 Edw. 7, c. 8, s. 77 (4). 10 Edw. 7, c. 8, s. 78 (1). 10 Edw. 7, c. 8, s. 78 (2). Passing on of dividends prohibited.* Telegraphic transfers. Calculation of ad valorem duty as regards. forgien currency. 54 & 55 Vict. c. 39, s. 6. [cf. 62 & 63 Vict. c. 9, s. 12] Calculation of ad valorem duty whore 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, 3. 58. [s. 31 contd.] Certain contracts to be chargeable with conveyance duty. 54 & 55 Vict. C. 39, s. 59.* Security for futrue advances, how to be charged. 54 & 55 Vict. c. 39, s. 88. Tontine mortgages. General exemptions.* Reassignments and mortgages made for the sole purpose of a new Crown lease: reassignments and mortgages made for the sole purpose of surrender with a view to exchange. Attested copies of instruments containing attestation clauses.* Chinese 'chops'. Responsibility for loss of or damage to instrument. Liability in the case of corporate bodies and firms. Inspection. Falsification.* Limitation of time and consent of Collector. Penalties. [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.] [Schedule contd.] [Schedule contd.] [Schedule contd.] [Schedule contd.]

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