STAMP ORDINANCE, 1901
Title
STAMP ORDINANCE, 1901
Description
ORDINANCE NO. 16 OF 1901.
Stamp
AN ORDINANCE to conslidate and amend the laws relating to
stamps and stamp duty. [5th october, 1901]
BE it enacted by the governor of hongkong, with the advice and
consent of the legislative council thereof, as follows:-
1 this ordinance may be cited as the stamp ordinance, 1901.
2 in this ordinance-
'the collector' includes the person for the time being appointed
by the governor to have the control and management of the stamp
office:
'document' means any deed, instrument, or writing whatever: 'Material'means paper or parchant:
'Executed' and 'Execution'with reference to documents not
under seal mean signed and signature respectively.
Adinstration
3.There shall be one general Stamp Office for the Colony and such
bsidary Stamp Office as the Governor from time to time in his
scretion appoint.
4.The Government may from time to time appoint and remove a Chief
officer who shall have the control and management of the Stamp Office
and such other officers as may from time to time be required to carry on
the business of the Stamp Office/
5.-(1) For every document executed after the commencement of this
Ordinance of any of the kinds specified by the First Sechedule to this
Ordinance as requring stamps there shall be payable to the Government
of the Colony a stamp duty of the amount indicated in the said
schedule to the proper for such document.
(2) Every provision contained in the said Schedule shall be of the
same force as if it were contained in the body of this Ordinance.
6.The Governor-in-Council may from time to time make reles.
(1)fixing lower rates of duty than those specified in the first
Schedule to this Ordinance;
(2) exemption from duty any of the documents mentioned in the
said Schedule;
(3) prescribing teh form size and material of the stamps to be used
under this Ordinance and the mode and place of impressing affix-
ing or denoting the value of the same and the manner of writing
uppon or filling up the same and also the manner of cancelling the
same.
(4) authorizing or prohibiting the use of adhevise stamps for aby
documents required to bear stamps:
(5) authorizing the over-embossing of the stamps used under this
Ordinance or some of them and the method of over-embossing the
same
(6) providing in certaim cases for the Collector certifying that stamp
duty has been paid; and
(7) generally for the carrying out of the provision of this Ordinance
Execution out of the Colony
7. All document whatever executed out the Colony shall before
being used brought into force por registered wwithin the Colony.
stamped according to the rate of duty to whioch they would have been
liable if they had been executed in th eColony
Stamping after Execution
8.(1) Any civil court may direct the Collector to stamp and received
the duty and panalty if any upon document which may be stamp
after execution under this ordinance Such duty and penalty shall
be paid in to Court an dshall be remitted to the Collector with the document
to be stamped after the document has been admitted in the evidence
(2) The Collector may stamp documents after execution in cases when
he is satisifed that the omission or neglect to stamp or to stamp sufficiently
did not arise from any intention to evade payment of stamp duty
or otherwise to defraud subject to the following rules:
(a)trnsfers of shares shall not be stamped untilthe numbers of
the shares and the consideration money are entered nor shall
they if executed in the Colony be stamped after execution
(b) bills of exchange and promissory notes executed in the Colony
shall not be stamped after execution
(c)documents executed out if teh Colony be stamped in accordance
with the provision of section 7
(d)documents mentioned in the Second Schedule to this Ordinance
may be stamped after execution may be so stamped onpayment of a
penalty as follow:
(1)if within on month of execution double the amount of de
ficient duty
(2)if within teo months four times the amount of deficient
and
(3) if after two months ten times the amount of deficient duty
Provided always that the Collector may remit the whole or any
portion of the penalty prescribed by this sub-section if he is
satisified that the omission or neglect to stamp arose solely from
urgent necessity or unavoidable accident or that the special cir-
cumstance of the case otherwise justify his doing so.He may
require sworn or other evidence as to circumstance at his
discretion
Adjudiction Reception in Evidence and Impounding
9.(1) Whenever any person is in doubt respecting teh property
amount of stamp duty payable upon any document he may apply to the
Collector for an adjurdiction on such document at the same time de-
positing a fee of one dollar whereup[on the Collector shall decide the
amount of duly to which the document is liable and son payment
thereof shall impress th edocument with stamp to that amount and
also with an additionm stamp denotying that the adjudiction fee has
been paid.
(2) If the Collector is of opinion that the document is not chargeable
with any duty he may stamp the document with a particular stamp
denoting that it is not chargeable with any duty or may make an entry
to that effect on the document in addition to which he shall impress it
wiith the adjudication fee stamp
(3) Any document bearing the adjudication fee stamp shall be re-
ceieveed in evidenced in any Court or registered by any public officer as
property stampeed and shall be regarded as property stamped for any
purpose whatever
10.(1) All decision orders or acts of the Collector may be reserved
or modified by the Governor.
(2) Whenever any person supposes any adjudication of the Collector
with reference to any document tendered by such person to be stamped
to be erroneous it shall be lawful for such person to make application to
the Supreme Court in its Summary Jurisdiction and th eCourt having
heard such person and the Collector or his deputy may order the pay-
ment of the duty in dispute or may make such other order as may be
necessary under the circumstances.
11.Except as otherwise provided by this Ordinance no document
liable to stamp duty under this Orddinance shall be recieved as creating
transferring or extinguishing any right or obligation or as evidence in
any civil proceeding in any Court of Justice in the Colony or shall be
acted upon registered or authenticated in any such Court or public or
other office or by any public officers unless such document is stamped
according to this Ordinance or in accordance with the law in force in the
Colony at the time when it was executed
12.It shall be lawful for all Courts and Magistrate and for the
Collector and for all persons employed for the sale and distrubtion of
stamps and they are hereby required to take possession of any document
as to which any breach of the laws relating to stamp duty may
appeaer to have been committed an dto deliever the same to the Collector
to be used in prosecuting the offender.
Spoiled Stamps
49.Whenever any material bearing an impressed stamp has become
damaged spoiled or unfot for use the Collector on its delivery to him may supply the owner of such spoiled material with stamps of equal
value to those originally imprdesed subject to the following reles.
(1) in the case of unexecuted document spoiled by error in the
writing defaced by accident or rendered useless by inforeseen
circumstance before complertion such allowance may be made
within six months of spoiling and
(2)in the case of executed docuomet found unfitted for the purpose
originally intended by errors therein or the execution if which
cannot be completely carried out by reason of the death or refusal
to sign if any person or other unforeseen circumstance or in the
case of bills of exchange or promissory notes no part og which has
been delievered to the payee such allowance may be made within
six months of signature.
Miscellaneous Matters
14.(1) Every letter or power of attorney for the purpose of ap-
pointing a proxy to vote at a meeting hereby charged with the duty
of two cents is to specify the day in which the meeting at which it is
intended to be used is to be held and is to be available only at the
meeting so specify or any adjournment thereof.
(2) Every person who votes or attempts to vote under or by means of
any such letter or power of attorney not being duly stamped shall on
summary conviction befor e a Magistrate be liable to a penalty not exceeding
two hundred dollars.
(3) Every vote given or tendered under the authority or by means of
any such letter or poewer of attorney not being duly stamped shall be
absoulety null and void.
15.When the duly with which an instrument is chargeable depends in a
any manner upon the duly paid upon another instrument the payment
of such last mentioned duly shall if application is made to the Collector
for that purpose and on production of both the instrument be denoted
in such manener as the Collector thinks fit upon such first-mentioned
instrument
16.(1) the expense of the stamp for any bill of exchange or pro-
missory note shall be borne by the person drawing or making or nego-
tisting the same.
(2)The expense of any reciept stamp shall be borne by the person
recieving payment
17.The Government of th eColony shall not be responsible for the
loss of or for damage to any document tendered for stamping which in
the custory of the Collector nor shall any officer of the Stamp Offices be responsible for such loss or damage unless he has causesd it woilfully
fraudulently or by gross negligence
Probate Duty
18.(1) In the case of any perosn dying after the commencement of
this ordinance the petition of any person applying for probate of the
will or letters of adminstration with or without the will annexed of the
estate of the deceased person shall include or have annexed thereto a list
or schedule of
(a) any property taken as a donatio causa made by the deceased
person or taken under a disposition made by the deceased person
purporting to operate as an immediate gift inter vivos whether
by way of conveyence assignment transfer delievery declarration
of trust or otherwise which has not been bona fide made twelve
months before the death of the deceased person or taken under
any gift whenever made under which the donee has not assumed
bona fide possession and enjoyment immediately upon the gift and
thenceforward has retained the same to te entire exclusion of
the donor or of any benifit to him by contract or otherwise
(b)any property which the deceased person having been absoulety
entitled therero has without valueable consideration cause to be
transfered to or vested in himself and any other person jointly
whether by dispoistion or otherwise so that the benifical interest
therin or in some part thereof passes or accrues by survivorship
on his death to such other person. and
(c) any propety passing under any past or future settlement made
without valueable consideration by the deceased person by deed
or any other instrument not taking effect as a will whereby an
interest insuch property for life or any other period determineable
by reference to death is reserved either expressly or by implication
to settlor or whereby the settlor may have reserved to
himself the right by the exercise of any power to restore to him-
self or to reclaim the absolute interest in such property.
and probate duty shall be payablee in respect of all such property included
in such list or schedule in the same manner as if such property formed
part of the estate and effects of the deceased person for or in respect of
which such probate or letters of adminstration is or are granted
(2) A convant to pay any Crown rent and observe an dperform any
condition or covrnants obtained in any Crown lease shall not be
deeened to be valuable consideration within the meaning of this section
(4)A covenant by the tranferee in any disposotion of an equity of
redemption inmortgage property to pay the mortgage debt and interest or any part thereof or to indemnify the transferor aganist such debt and
interest or any part thereof shall not be deemed to be valueable con-
sideration for the transfer of such equity of redemption within the
meaning of this section.
19.(1) FRom and after the commencement of this Ordinance it
shall be lawful for any person applying for probate or letters of adminstration
or for the exemplification of probate odr letetrs of adminstration
or for the sealing of any probate or letters of aadminstration granted in
the Untited Kingdom to deliever with or to annex to or include in the
sworn petition a schedule of teh mortgage debts due and owing from the
decreased person on the secutrity of leasehold property situted in the
Colony where such property forms part of the estate of the deceased per=
son and is the sole security by way of mortgage for such debts and also
of the debts due from the deceased person to persons resident inthe
Colony and in that case for the purpose of the payment of probate
duty the aggregate amount of the debts appearing inthe schedule
shall be deducted from the value of the deceased person 's estate and
effects in the Colony a specified in the schedule delievered with or
annexed to or included in the sworn petition.
(2)Debts to be deducted under the power hereby given shall be debts
due an dowing from the decased perosn and payable by law out of any
part of the estate and effects in the Colony compressed to be payable
on the death of the decesed perosn or payable under any instrument
which has not been bonafide delievered to the dones thereof three months
before the death of the deceased perosn.
20.(1) If at any time it is discovered taht any decased person's
personal estate and effects in the Colony were at teh time of the grant
of probate or letters adminstration or of the exemplification or of the
sealing of any probate or letters of adminstration aforesaid of greater
value than the vakue mentioned in theh sworn petition acting in the
adminstration of such estate and effects shall within six months after
the discovery deliever an affidvit with an account to the Collector and
shall pay to the Collector the amount of duty which with the duty if
any previsouly paid shall be sufficient to cover the duty chargeable
according to the true value thereof and shall at the same time pay to
teh Collector interest upon such amount at the rate of seven per
centum per annum from the date of the grant exemplification or sealing
or from such subsequent date as the Collector may in the circumstances
think proper.
(2) Every person who wilfully neglectot omitd within the said
period of six months to render such asccount shall on summary conviction
before a Magistrate be personally liable to a penalty not exceeding two
hundred dollars .
(3) Notwithstanding such neglect or omission and notwithstanding
any such conviction such duty (whether the amount thereof) may be
recovered at the suuit of the Colonial Treasures in the Supreme Court in
its Summary Jurisdiction,without prejudice to asny other remedy.
21.The Governor may order a refund by Treasurer warrant of the
whole or any portion of any probate duty which may have paid to
the collector , for the refund of which any equitable claim is proved , to
his satisfaction , on the ground of payment of probate duty on the same
estate elsewhere assignment or diminution of value of the estate dis-
charge of debts or other reasonalbe cause.
Offences and Penalties
22.If any person after th ecommencement of this Ordinance in any
way adminsters any part of the estate and effects of any decreased person
without obtaining probate of the will or letters of adminstration of the
estate and two months after the termination of any action or
dispute respecting the will or the right to the letters of adminstration if
thereis any such person shall forfeit to his Majesty's the sum of five
hundred dollars and shall also be liable to pay to his Majestry's double
the amount of stamp duty chargeable on the estate and effects of the
deceased person and the same shall be a debt due to the Crown and be
recoverable by any of the ways and means in force for the time being
for the recovery if crown rents Provided that nothing in this section
shall be deemed to interfere with the special powers confered by Ordinance
upon te Offical Adminstrator th eCOlonial Treasureer an d th e
Captain Superintendent of Police of acting in certain cases without
obtaining probate of the will or letters if adminstration of a deceased
person
23.Every person who commits any of the following ofences shall on
summary conviction before a Majestry's be liable to penalty not
exceeding one hundred dollarsn that is to say
(1) drawing accepting issuing indorsing negotiating paying or
recieving payment of any bill of exchange promissory note or
other similar instrument or making executing or signing (except
as hereinbefore provided any document eniumerated in the First
Seheduleto this Ordinance on unstamped or insufficientlr stamped
material
(2) delivery out his hands custory or power of any document
upon which an adhesive stamp has been affixed under this Ordinance
without cancelling the said stamp so that it cannot be used again
and
(3)any breach of this Ordinance not specially provided for.
24.Every person who commits any of the following offence shall
on summary conviction before a Magistrate be liable to a penalty not
excedding five hundred dollars that is to say,-
(1) drawing any bill of exchange purporting too be drawn in a set of
two or more without drawing on duly stamped material the whole
number of bills constituting such set ; and
(2) knowingly and wilfully executing any dicument charged under
the First Schedule to this Ordinance with ad valorem duty in which
the consideration money or amount involved is not truely expressed
and set forth with intent to avoid full payment of stamp duty or
knowingly an dwifully inserting or setting forth or producing to
be inserted or set forth in such document a less amount than the
full and true consideration money or amount involved.
25.-(1) Every person who forges alteres or imitaties or assists in
forging altering or imtating any stamp used for the puropose of this
Ordinance shall be guility of felony.
(2) Any stamp impressed in th eStamp office by any person wityhoit
lawful execue is in possession of any forged altered fo rto him shall be
held to be forged within the meaning of this section.
26.Every person who uses utters disposes of puts off or without
lawful execue is in the possession of any forged altered or imitated stamp
as aforesaid knowing the same to be forged altered or imitated shall
be gukility of felony and such stamp be forfeited to the Crown
27.Every person who-
(1) fraudulently remopves an adhesive stamp from any document or
(2) wilfully removes or attempts to remove from any adhevises stamp
any mark that has been made thereon by way of cancellation or
(3) knowingly uses puts off or is in possessiopn of any adhesive stamp
from which any such mark has wholly or partially removed
shall be guility of a misdemeanor.
28.-(1) Every person who id convicted of any delony under this Ordinance
shall be liabnle at th ediscretion of the Court to imprsionment
with or without hard labour for any term not exceeding seven years. (2) Every person who is conmvicted of any misdemeanor under this
Ordinance in respect of which no penalty is specially provided shall be
liable at th ediscretion of th eCourt to imprisonment with or without
hard labour for any term not exceeding two years.
Miscellaneous Provision
29.No person shall be proceeded against under section 23 or
section 24 except within two years from the date of the offence or with
out the consent of the Attorney General
30.The present Collector and all other officersd of the Stamp Office
are hereby cotained in their offices.
Schedule
The first Schedule
TABLE OF STAMP DUTIES FOR DOCUMENT REQUIRED TO BE STAMPED
note Adocument containing or relating to seerval distinct matter is to be
seperately and distincting charged with duty in respect of each of
such matters A Document liable to stamp duty under more
than one Article of this Schedule shall be chjaarged under that
Article which imposes the hightest duty
1. Adjudiction as to the
amount of stamp duty ti be levied }$1
on any document
2.Affidvits statutory declaration
or declarations in writing upon
oath or affirmation made before any
person authorized by law to take the}$1
same or to adminstrater an oath or
affirmation and not otherwise charge
able with duty
Exemption This article shall not apply to any such affidavit or
declaraation made for the immediate perpose of being filed or used in
the Supreme Court or before any Judge or Officer of such Court or to
any affidvit or declaration made for the sole perpose of enableing any
person to recieve any pension or charitable allowance
3.Affirmation See 2 4.Agreement or any memoran-
dum of an agreement under hand only
and not otherwise specially charged
with any bduty whether the same is only}50 cents
evidence od a contract or obliqatory on
the parities from its being a written
instrument.............................
Note Agreement as to letting or tenancy are inall cases chargeable as
leases See Article 32 and 34.
Agreement or contract accom-...........
panies with the deposit of title deeds.}See Mortgage 38.
to any immovable property or for se-..
curing the payments or repayments of...
any money or stock....................
Exemptions Label slip or memoorandum containing the heads of
any insurance to be effected by means of a duly stamped Policy or Risk
Note.
Memorandum letter or agreement made for or relating to the sale of
any goods wares or merchandise or to the sale of any shares in any
public company not being a broker note or document given by a
broker.
Seaman's advance note or memorandum or agreement made between
the master and marines of any ship for wages.
Emigration Ticket.
5.Arbitration Award
Where the amount claimed or in-
volved does not exceed $500 $1
Where tdhe amount claimed or
part of $1000 over the first
$1000 $1
Where no money claim is made or
the amount involed cannot be
ascertained $2
6.Article of Clerkdhip or
contract whereby any person first be-}$50
coomes bound to serve as a clerk in
order to his admission as an Attorney
or Solictor
7.Assignment by way of security or of any security
Upon a sale See Mortgage 38.
See Conveyance 8.Attested Copy of any Docu-
ment chargeable with the duty this}$1
Schedule..........................
In case any document of which an atteested copy is made has annexed to it
or subscribed upon it any certificate affidvit declaration or arrestation
referring to the execution of such document or to any other formality in con-
nexion with such document no seperate or addition stamp shall required
for or in resoect of an attested copy of any such certificate affidavit declaration
or attestation and the stamp of $1 upon the attested copy of th eprincipal
document shall be deemed to cover and include the attestec copies of all
such certificates affidivits declarationm and attestation
9..Attorney Letter of Power of See36 and42
10.Average Statement....See Bond 15.
11.Bank Cheque paymable on
demand to any person to bearer or}2 cents
order............................
12.Bank Notes or other obli-
gation for the payment of money
issused by any Banker or Banking }One percent perannum on the average value of such notes
Company in the Colony for local cir- in circulation.
culation and payable to bearer on
demand ...........................
To be collected montly on a statement theerof to be furnished by each
Banker or Banking company to the Collector of stamp Revenue at the end of each
month and to be signed by th eBanker or Agent and by the Accountant of each Banker
or BAnking Company.
13. Bill of Exchange drawn
out of but payable on demand within}2 cents
the Colony not being a Cheque and
bearing the date on which it was made
Bill of Exchange of any other whatsover except a Chaque
or Bank Note and Promissory Note of any whatsover except a
Bank NOte
From 00 to 10 Free
From 10 to 50.......2
Do. 50 do 250.......5
Do 250 do 500......10
do 500 do. 1000.......20
do..1000 do. 2000......50.
do 2000 do 3000......100
do 3000 do 5000......150
do 5000 do 10000.....200
di10000 do15000 .......300
Every 5000additional or part thereof 0.5 Note 1. A Bill of Exchange for exactly $50 is to be charged 2 cents and so
throught the table
Note 2. When Bills of Exchange or other such document are drawn in sets
of two or more half thne above duties are to be charged on each part
of a set if the duty id 5 cents the first part to the set shall be
charged 3 cents and the other parts 2 cents each
Note 3 In the case of a Bill of Exchange drawn out of and payable on
demand out of the Colony the duty payable on each Bill of
Exchange when it is negotiated within the Colony shall be 2
cents
Note 4 In the case of Bills of Exchange in sets drawn out of the Colony,
the whole duty shall be payable on that part of the set which is first
presented for apyent or acceptance or is first otherwise negoti-
ated the other parts of the set being free.
14.Bill of Lanfding or ship's
receipt where bills of landing are not }10 cents
used for each part of every set
Exemption Bill of Landing for goods shipped by any Government
Officer an amount of Gobernment .
15.Bond or other obligation
concerning Respondentia and
Bottomry and Averge Statement
or Bond where no Statement is drawn }10 cents for every $100 or part
up..... thereof
Bond for srcuring of th epayment or
repayment of money not otherwise
provided for or for the transfer of}seeMortgage 38.
re-transfer of stock or accompanying
the deposit of title deeds to any im-
movable property.....
Bond.............See also Article 6,29,31,46.
16.Broker's for securing the payment or
repayment having reference to the sale or}50 cents
purchase of any meerchandise given by
any broker....
17.Charter Party or any
Agreement or Contract for the char-
ter or hiring of any sea going ship or.10 cents for every $100 or part thereof
vesel to be charged on the estimated
freight.............................
18.Copy Charter
Vessel under 200 tons each copy..$1
Do over 200 do do ...$2 19.Collateral Security ...See Mortgage 38.
20.Contract .............See Agreement 4.
21.Conveyance opr Assign-
ment on sale to be levied on the
amount or value 0opf the consideration
money such consideration money to
include any sum payable by the pur-}50 ccnets for every $100 or part
chaser ii respect of any mortgage or thereof
other debt remaining upon the pro-
perty purchased or released by such
purchaser to th evendor(see also
Article25.)....................
Exemption Transfer by mere indorsement of a duly stamped Bill
of Exchange Promissotory Note or other negotiable instrument or of a
Bill Of Landing Instrument fo r the sale tranfer or other dis-
postion either absolutely or buy way of of moetgage or otherwise of any
ship vessel junk or any part interest share or property of or
in any ship vessel junk or boat.
22.Copartnership Deed or
other Instrument of ........}$2
23.Declaration .......see 2.
24. Declaration of trust ... $10
25. Deed or other Instrument of
Gift Assignment of or Exchange where
no money consideration or a merely $25.
nominal money consideration passes ...
Deed or other Instrument of As-
signmment by a trustee toi the cestui-}$10
que trust where no money considera-
tion or a merely nominal money con-
sideration passes-
Deed of Assignment where no
money consideration or merely nominal}$10
money consideration passes in cases
where such deed of assognment is merely confirmatory of an assignment
on which the full conveyance duty
has been paid
The Collector of Stamp Renevene
shall unless the two deeds referred to
in the last paragraph are comprised in
one and the same document denote by
an entry under hisd hand made upon the deed stamped with the $10 duty
that the fullconveyance duty (if more
than $10) has been paid upon the
other.
26.Deposit of Title Deeds....See Mortgage38.
27. Duplicate or Counterpart of
any Document chargeable with duty
under this Schedule top be affixed on th e
production of the orginal document
bearing its proper stamp and not
otherwise If the orginal duty is
Under $1.........................Same duty
Over $1 and not exceeding $10 ..$1.
Do $10 do $20..$2
Do $20..............$3
note The duplicate or counterpart of any instrument chargeable with
duty is not to be deemed duly stamped unless it appears by
some entry made by the Collector of Stamp Renvenue or by some
stamp impressed thereon that the full and proper duty has been
paid upon the orginal instrument of which it is a duplicate or
counterpart or unless it is stamped as an orginal instrument.
28Equitable Charg...see Mortgage 38.
29.Foreign Attachment
Bond in the Supreme Court either}$1 for every $100 or part thereof
Jurisdiction
30.Guarantee.......See Agreement 4
31.Every Instrument in writing
under seal not otherwise specially }$10
charged with duty under this Schedule
Note The impression of Chinese names shop names or trading names
commonly called chops shall not be taken to be seals within the
meaning of this Articles
32.Lease or Agreement for a
Lease nade for a term of years or for
a period determinable woth one or more
life or lives or otherwise contingent in}30 centsfor every $100 or part therof
consideration of sum of money paid
in th eway of premium fine or the like
if without rent
33.Lesase excuted in pursance
of a duly stamped sgreements}$1
same 34.Lease or Agreement for a Lease
of any land,house, building,or tene-
ment , at a rent without payment of
any sum of money by way of fine or
premium to be levied on the Annual
Rent for a term not exceeding-
One year ...............10 cents
Three yaers.............25 do}for every $100 or part thereof
Thirty years ...........50 do}
Exceeding thiety years .75 do
Lease Surrender of ..........{The smame amount of duty as is pay-
able on th elease itself.
Note When both rent id paid and there is a fine or premium of duly as is
to be the total of that due under both Articles 32 and 34.
Exemption.-All rentals under $50 per annum.
35. Letter or other Instrument of
Hypothecation accompanying de-
posit of property or bond or other instru-} Referring to particlar property $1
ment of guarantee in respect of such duplicate 10 cents
property or document of title ..... General$2
36.Letter or Power of Attor-
ney or other instrument in the nature
therof for the sole purpose of appoint-}2 cents see also 42
ing or authorizing a proxy to vote at
any one meeting at which votes may be
given by proxy whether the number of
persons named in such instrument is
one or more.........................
37.Letter of Guarantee...see Agreement 4
38 Mortgage or Agreement for
warrant of a attorney to confuses and
enter up judgement and foreign security
of any kind not specially charged with
duty under this Sehedule to be levied
\on the amount or value of of the principal
sum secured--
(1) Being the only or principal or
primary security and also where
sany further money is added to the}10 cents for every $100 or part
money already secured....... thereof (2)Being a collateral or auxiliary, }
or additional or substituted secu- }
rity, other than a mortgage exe- }
cuted pursuant to a duty stamped }
agreemant for the same, or by way }
of further assurance for the above- }
mentioned purpose wher the }5 cents for every $4100 or part
principlal or primary security is }thereof
duly stamped, and for every ex- }
tension of teh time of an original }
mortgage indrosed an such mort- }
gage............................... }
(3)Transfer assignment disposi- }
tion or assignation of any mort- }
gage bond debenture covenant, }
or foreign security or of any }
such instrument or by any war- }
rant of attorney to enter up judg- }
ment or by any judgement to }
be levied on the amount trans- }
ferred }
(4)Reassignment, release dis- }
charge surrender, re-surrender, }
warrant to vacate or renunication }1 cent for every $100 or part
of any such security as aforesaid }thereof
or of the benefit thereof or other docu-}
ment specified in this sub-section, }
no duty shall be payable in respect }
of such interest }
(5)Mortgage executed in pursance }
of a duly stamped agreement for }$1
the same }
39.Any Notarial Act whatso- }
ever not otherwise charged with duty }$1
under this Schedule... }
40.Note of Protest by any }
Commander or Master of a Vessel or }25cents
with regard to any Bill Of Exchange }
or Promissory Note............ }
41.Polcy or Risk Note , for each copy and every renewal
(1)Life Insurance (including InterinReceipts)
(2)Marine Hull Risks,for Time
(3)All other Insurances (Fire, Marine or otherwise)
25 cents for every $1000 or part thereof insured.
Where the amount insured does not excee $1000,10cents
Where it exceeds $1000 25 cents.
42.Power of Attorney or }
Revocation of Power Of Attor- }$2 See also 36.
ney......................... }
43.Probate or Letters of Ad-
minstarationwith or without the will
annexed to be calculted upon the
value of the estate and effects for or in
respect of which such Probate or
Letters of Adminstartion is or are
granted exclusive of what the deceresed
person may have been possessed of or
entitled to as a trustee for any person
pr persons and not benifically--
(1)Where the estate and effects }At the rate of $1 for every $100
are above the value of $250 and }and for evry fractional part of
not above the value of $1000 ... }$100 over any multiple of $100
(2)Where the estate and effects }At the rate of $2 for every $100
are above the value of $1,000 and}and for evry fractional part of
not above the value of $10,000...}$100 over any multiple of $100
(3)Where the estate and effects }At the rate of $3 for every $100
are above te value of }and for evry fractional part of
$10,000 ... }$100 over any multiple of $100
Exemption.-where the estate and effects do not exceed the value of
$250. 44.Reassignment .. .. .. See Mortgage 38
45.Receipt or Discharge given}
for the payment of money or in ac-}
quittal of a debt paid in money or }2 cents
otherwise when the sum recived dis-}
charged or accuitted exceeds $10..}
Exemption -Letter acknoledging the arrival of a Currency or
Promissory Note Bill of Exchange or any Security for Money
Receipt or Debit Note for t ePremium on a duly stamped Policy of
insurance Receipt for any and allowance of a person in the sevices
of the Imperial or th eColonial Government whether Civil Naval or
Military
46.Servant's Security Bond.
Any instrument in writing under seal}
by which any domestic or other Ser-}
vant or Clerk or Compradore gives }
security for the due discharge of his }
duties or of the duties of other persons }
to be employed by him or for the proper }The same duty as a Mortgage see
carrying on of business to be conducted }Article 38.(1) and (2)
by him or for the discharge of his }
responsibilities arising from such busi-}
ness whether such security is given by} }
the binding of other perosns or by}
the deposit of money or valueable }
property or by the deposit of th etitle }
deeds to any property or by any}
assignment }
47.Settlement Any instru- }
ment whether voluntary or upon any }
good or valuable consider }
ation wherby any definite and certain }30.cents for every $100 or part
principal sum of money (whether }therof of the amount or value of
charged of chargeable on lands or not }the property settled or agrreed to
or to be laid out in the purchase of }be settled.
lands or not ')or any definte and cer- }
tain amount of stock or any security }
is settled or agrees to be settled in any}
manner whatsover. } exemption.-instrument of oppointment relating to any property
in favour of persons especially named or described as the objects of a
power of appointment created by a previous settlement stamped with ad
valorem duty in respect of the same property, or by will, where probate
duty has been paid in respect of the same property as personal estate of
the testator.
48.Settlement executed in pur-}
surance of a duly stamped agreement }$1
for the same}
Statutory Declaration ....See 2.
49.Surrender if a Lease...{THE same amount of duly as is pay-
able on the lease itself
51.Transfer of Shares or stock }
in any public company to be computed }
on the markeyt value of such shares on}10 cents for every $100 or part
the day of stamping which if doubt }thereof
arises the Collector of stamp Revenue }
shall decide subject to section 10 of }
this Ordinance ......}
Transfer for a nominal amount to}$1
be approved by the Collector}
Exemption --Serip Certificate
GENERAL EXAMPTION
Any Document made or executed by or on behalf of His Majesty of any
DEpartment of His Majesty's Service or whereby any property or interest is
transfered to or any contract of any kind whatoever is made with His
Majesty or any person for an behalf of His Majesty or any such Depart-
ment as aforesaid .
but this exemption does not extend to any Document executed by the Regis-
trar of the Supreme Coyrt as Offical Adminstration or by a Reciever appionted
by any Court or to any Document rendered necessary by any Ordinance or by
the order of any Court;neither does it extend to a Sale made for the recovery
of an Arrear of Revene or Rent or in satisfaction of a Judjment Decere or
order of any which cases teh purchaseer shall be required
to pay the amount of the requiste Stamp in Addition to the purchase money. Section 8 THE SESCOND SCHEDULE
TABLE OF DOCUMENT WHICH MAY BE STAMPED WITHOUT P[AYMENT OF
PENALTY AT ANY TIME WITHIN SEVEN DAYS FROM THE DATEOF
EXECUTION
All the Documents which are inclued in Article 4,5,7,8,10,15,19,
20,21,22,24,25,26,28,30,31,32,33,34,35,37,38,39,40,42,44,46,
47,48,and 50of the First Schedule to this Ordinance with the following
exception namely Leases or Agreement for Leases for a period of one year
or under.
A.D. 1901. Ordinance No. 22 of 1901.
Short title. Interpretation of terms. General and subsidiary Stamp Offices. Appointment of officers. Stamp duties payable on documents. First Schedule. Making of rules. Documents executed out of the Colony. Provisions as to stamping of documents after execution. Second Schedule. Adjudication as to duty payable. Appeal from Collector's decision, etc. Non-admissibility in evidence of unstamped document. Impounding of unstamped document. Allowance for damaged impressed stamp. Provisions as to documents appointing proxies. Manner of denoting stamp in case of two instruments. Incidence of of cost of certain stamps. Responsibility for loss of or damage to document. Liability of donationes mortis causa and certain other gifts and dispositions of property to probate duty. 44 & 45 Vict.c. 12 s. 38 (2.) Deduction of debts for purposes of probate duty. Provision of payment of further probate duty. Refunding of probate duty on certain grounds. Penalties for default in taking out probate or administration. See Ordinance No. 2 of 1897. Penalty for not stamping document, etc. Penalty for fraudulent act. Forging stamp, etc. Use, etc., of forged stamp. Fraudulently removing adhesive stamp, etc. Punishment of felony and misdemeanor. Limitation of time in certain prosecutions. Continuation in office of present officers. Section 5. Section 8.
Stamp
AN ORDINANCE to conslidate and amend the laws relating to
stamps and stamp duty. [5th october, 1901]
BE it enacted by the governor of hongkong, with the advice and
consent of the legislative council thereof, as follows:-
1 this ordinance may be cited as the stamp ordinance, 1901.
2 in this ordinance-
'the collector' includes the person for the time being appointed
by the governor to have the control and management of the stamp
office:
'document' means any deed, instrument, or writing whatever: 'Material'means paper or parchant:
'Executed' and 'Execution'with reference to documents not
under seal mean signed and signature respectively.
Adinstration
3.There shall be one general Stamp Office for the Colony and such
bsidary Stamp Office as the Governor from time to time in his
scretion appoint.
4.The Government may from time to time appoint and remove a Chief
officer who shall have the control and management of the Stamp Office
and such other officers as may from time to time be required to carry on
the business of the Stamp Office/
5.-(1) For every document executed after the commencement of this
Ordinance of any of the kinds specified by the First Sechedule to this
Ordinance as requring stamps there shall be payable to the Government
of the Colony a stamp duty of the amount indicated in the said
schedule to the proper for such document.
(2) Every provision contained in the said Schedule shall be of the
same force as if it were contained in the body of this Ordinance.
6.The Governor-in-Council may from time to time make reles.
(1)fixing lower rates of duty than those specified in the first
Schedule to this Ordinance;
(2) exemption from duty any of the documents mentioned in the
said Schedule;
(3) prescribing teh form size and material of the stamps to be used
under this Ordinance and the mode and place of impressing affix-
ing or denoting the value of the same and the manner of writing
uppon or filling up the same and also the manner of cancelling the
same.
(4) authorizing or prohibiting the use of adhevise stamps for aby
documents required to bear stamps:
(5) authorizing the over-embossing of the stamps used under this
Ordinance or some of them and the method of over-embossing the
same
(6) providing in certaim cases for the Collector certifying that stamp
duty has been paid; and
(7) generally for the carrying out of the provision of this Ordinance
Execution out of the Colony
7. All document whatever executed out the Colony shall before
being used brought into force por registered wwithin the Colony.
stamped according to the rate of duty to whioch they would have been
liable if they had been executed in th eColony
Stamping after Execution
8.(1) Any civil court may direct the Collector to stamp and received
the duty and panalty if any upon document which may be stamp
after execution under this ordinance Such duty and penalty shall
be paid in to Court an dshall be remitted to the Collector with the document
to be stamped after the document has been admitted in the evidence
(2) The Collector may stamp documents after execution in cases when
he is satisifed that the omission or neglect to stamp or to stamp sufficiently
did not arise from any intention to evade payment of stamp duty
or otherwise to defraud subject to the following rules:
(a)trnsfers of shares shall not be stamped untilthe numbers of
the shares and the consideration money are entered nor shall
they if executed in the Colony be stamped after execution
(b) bills of exchange and promissory notes executed in the Colony
shall not be stamped after execution
(c)documents executed out if teh Colony be stamped in accordance
with the provision of section 7
(d)documents mentioned in the Second Schedule to this Ordinance
may be stamped after execution may be so stamped onpayment of a
penalty as follow:
(1)if within on month of execution double the amount of de
ficient duty
(2)if within teo months four times the amount of deficient
and
(3) if after two months ten times the amount of deficient duty
Provided always that the Collector may remit the whole or any
portion of the penalty prescribed by this sub-section if he is
satisified that the omission or neglect to stamp arose solely from
urgent necessity or unavoidable accident or that the special cir-
cumstance of the case otherwise justify his doing so.He may
require sworn or other evidence as to circumstance at his
discretion
Adjudiction Reception in Evidence and Impounding
9.(1) Whenever any person is in doubt respecting teh property
amount of stamp duty payable upon any document he may apply to the
Collector for an adjurdiction on such document at the same time de-
positing a fee of one dollar whereup[on the Collector shall decide the
amount of duly to which the document is liable and son payment
thereof shall impress th edocument with stamp to that amount and
also with an additionm stamp denotying that the adjudiction fee has
been paid.
(2) If the Collector is of opinion that the document is not chargeable
with any duty he may stamp the document with a particular stamp
denoting that it is not chargeable with any duty or may make an entry
to that effect on the document in addition to which he shall impress it
wiith the adjudication fee stamp
(3) Any document bearing the adjudication fee stamp shall be re-
ceieveed in evidenced in any Court or registered by any public officer as
property stampeed and shall be regarded as property stamped for any
purpose whatever
10.(1) All decision orders or acts of the Collector may be reserved
or modified by the Governor.
(2) Whenever any person supposes any adjudication of the Collector
with reference to any document tendered by such person to be stamped
to be erroneous it shall be lawful for such person to make application to
the Supreme Court in its Summary Jurisdiction and th eCourt having
heard such person and the Collector or his deputy may order the pay-
ment of the duty in dispute or may make such other order as may be
necessary under the circumstances.
11.Except as otherwise provided by this Ordinance no document
liable to stamp duty under this Orddinance shall be recieved as creating
transferring or extinguishing any right or obligation or as evidence in
any civil proceeding in any Court of Justice in the Colony or shall be
acted upon registered or authenticated in any such Court or public or
other office or by any public officers unless such document is stamped
according to this Ordinance or in accordance with the law in force in the
Colony at the time when it was executed
12.It shall be lawful for all Courts and Magistrate and for the
Collector and for all persons employed for the sale and distrubtion of
stamps and they are hereby required to take possession of any document
as to which any breach of the laws relating to stamp duty may
appeaer to have been committed an dto deliever the same to the Collector
to be used in prosecuting the offender.
Spoiled Stamps
49.Whenever any material bearing an impressed stamp has become
damaged spoiled or unfot for use the Collector on its delivery to him may supply the owner of such spoiled material with stamps of equal
value to those originally imprdesed subject to the following reles.
(1) in the case of unexecuted document spoiled by error in the
writing defaced by accident or rendered useless by inforeseen
circumstance before complertion such allowance may be made
within six months of spoiling and
(2)in the case of executed docuomet found unfitted for the purpose
originally intended by errors therein or the execution if which
cannot be completely carried out by reason of the death or refusal
to sign if any person or other unforeseen circumstance or in the
case of bills of exchange or promissory notes no part og which has
been delievered to the payee such allowance may be made within
six months of signature.
Miscellaneous Matters
14.(1) Every letter or power of attorney for the purpose of ap-
pointing a proxy to vote at a meeting hereby charged with the duty
of two cents is to specify the day in which the meeting at which it is
intended to be used is to be held and is to be available only at the
meeting so specify or any adjournment thereof.
(2) Every person who votes or attempts to vote under or by means of
any such letter or power of attorney not being duly stamped shall on
summary conviction befor e a Magistrate be liable to a penalty not exceeding
two hundred dollars.
(3) Every vote given or tendered under the authority or by means of
any such letter or poewer of attorney not being duly stamped shall be
absoulety null and void.
15.When the duly with which an instrument is chargeable depends in a
any manner upon the duly paid upon another instrument the payment
of such last mentioned duly shall if application is made to the Collector
for that purpose and on production of both the instrument be denoted
in such manener as the Collector thinks fit upon such first-mentioned
instrument
16.(1) the expense of the stamp for any bill of exchange or pro-
missory note shall be borne by the person drawing or making or nego-
tisting the same.
(2)The expense of any reciept stamp shall be borne by the person
recieving payment
17.The Government of th eColony shall not be responsible for the
loss of or for damage to any document tendered for stamping which in
the custory of the Collector nor shall any officer of the Stamp Offices be responsible for such loss or damage unless he has causesd it woilfully
fraudulently or by gross negligence
Probate Duty
18.(1) In the case of any perosn dying after the commencement of
this ordinance the petition of any person applying for probate of the
will or letters of adminstration with or without the will annexed of the
estate of the deceased person shall include or have annexed thereto a list
or schedule of
(a) any property taken as a donatio causa made by the deceased
person or taken under a disposition made by the deceased person
purporting to operate as an immediate gift inter vivos whether
by way of conveyence assignment transfer delievery declarration
of trust or otherwise which has not been bona fide made twelve
months before the death of the deceased person or taken under
any gift whenever made under which the donee has not assumed
bona fide possession and enjoyment immediately upon the gift and
thenceforward has retained the same to te entire exclusion of
the donor or of any benifit to him by contract or otherwise
(b)any property which the deceased person having been absoulety
entitled therero has without valueable consideration cause to be
transfered to or vested in himself and any other person jointly
whether by dispoistion or otherwise so that the benifical interest
therin or in some part thereof passes or accrues by survivorship
on his death to such other person. and
(c) any propety passing under any past or future settlement made
without valueable consideration by the deceased person by deed
or any other instrument not taking effect as a will whereby an
interest insuch property for life or any other period determineable
by reference to death is reserved either expressly or by implication
to settlor or whereby the settlor may have reserved to
himself the right by the exercise of any power to restore to him-
self or to reclaim the absolute interest in such property.
and probate duty shall be payablee in respect of all such property included
in such list or schedule in the same manner as if such property formed
part of the estate and effects of the deceased person for or in respect of
which such probate or letters of adminstration is or are granted
(2) A convant to pay any Crown rent and observe an dperform any
condition or covrnants obtained in any Crown lease shall not be
deeened to be valuable consideration within the meaning of this section
(4)A covenant by the tranferee in any disposotion of an equity of
redemption inmortgage property to pay the mortgage debt and interest or any part thereof or to indemnify the transferor aganist such debt and
interest or any part thereof shall not be deemed to be valueable con-
sideration for the transfer of such equity of redemption within the
meaning of this section.
19.(1) FRom and after the commencement of this Ordinance it
shall be lawful for any person applying for probate or letters of adminstration
or for the exemplification of probate odr letetrs of adminstration
or for the sealing of any probate or letters of aadminstration granted in
the Untited Kingdom to deliever with or to annex to or include in the
sworn petition a schedule of teh mortgage debts due and owing from the
decreased person on the secutrity of leasehold property situted in the
Colony where such property forms part of the estate of the deceased per=
son and is the sole security by way of mortgage for such debts and also
of the debts due from the deceased person to persons resident inthe
Colony and in that case for the purpose of the payment of probate
duty the aggregate amount of the debts appearing inthe schedule
shall be deducted from the value of the deceased person 's estate and
effects in the Colony a specified in the schedule delievered with or
annexed to or included in the sworn petition.
(2)Debts to be deducted under the power hereby given shall be debts
due an dowing from the decased perosn and payable by law out of any
part of the estate and effects in the Colony compressed to be payable
on the death of the decesed perosn or payable under any instrument
which has not been bonafide delievered to the dones thereof three months
before the death of the deceased perosn.
20.(1) If at any time it is discovered taht any decased person's
personal estate and effects in the Colony were at teh time of the grant
of probate or letters adminstration or of the exemplification or of the
sealing of any probate or letters of adminstration aforesaid of greater
value than the vakue mentioned in theh sworn petition acting in the
adminstration of such estate and effects shall within six months after
the discovery deliever an affidvit with an account to the Collector and
shall pay to the Collector the amount of duty which with the duty if
any previsouly paid shall be sufficient to cover the duty chargeable
according to the true value thereof and shall at the same time pay to
teh Collector interest upon such amount at the rate of seven per
centum per annum from the date of the grant exemplification or sealing
or from such subsequent date as the Collector may in the circumstances
think proper.
(2) Every person who wilfully neglectot omitd within the said
period of six months to render such asccount shall on summary conviction
before a Magistrate be personally liable to a penalty not exceeding two
hundred dollars .
(3) Notwithstanding such neglect or omission and notwithstanding
any such conviction such duty (whether the amount thereof) may be
recovered at the suuit of the Colonial Treasures in the Supreme Court in
its Summary Jurisdiction,without prejudice to asny other remedy.
21.The Governor may order a refund by Treasurer warrant of the
whole or any portion of any probate duty which may have paid to
the collector , for the refund of which any equitable claim is proved , to
his satisfaction , on the ground of payment of probate duty on the same
estate elsewhere assignment or diminution of value of the estate dis-
charge of debts or other reasonalbe cause.
Offences and Penalties
22.If any person after th ecommencement of this Ordinance in any
way adminsters any part of the estate and effects of any decreased person
without obtaining probate of the will or letters of adminstration of the
estate and two months after the termination of any action or
dispute respecting the will or the right to the letters of adminstration if
thereis any such person shall forfeit to his Majesty's the sum of five
hundred dollars and shall also be liable to pay to his Majestry's double
the amount of stamp duty chargeable on the estate and effects of the
deceased person and the same shall be a debt due to the Crown and be
recoverable by any of the ways and means in force for the time being
for the recovery if crown rents Provided that nothing in this section
shall be deemed to interfere with the special powers confered by Ordinance
upon te Offical Adminstrator th eCOlonial Treasureer an d th e
Captain Superintendent of Police of acting in certain cases without
obtaining probate of the will or letters if adminstration of a deceased
person
23.Every person who commits any of the following ofences shall on
summary conviction before a Majestry's be liable to penalty not
exceeding one hundred dollarsn that is to say
(1) drawing accepting issuing indorsing negotiating paying or
recieving payment of any bill of exchange promissory note or
other similar instrument or making executing or signing (except
as hereinbefore provided any document eniumerated in the First
Seheduleto this Ordinance on unstamped or insufficientlr stamped
material
(2) delivery out his hands custory or power of any document
upon which an adhesive stamp has been affixed under this Ordinance
without cancelling the said stamp so that it cannot be used again
and
(3)any breach of this Ordinance not specially provided for.
24.Every person who commits any of the following offence shall
on summary conviction before a Magistrate be liable to a penalty not
excedding five hundred dollars that is to say,-
(1) drawing any bill of exchange purporting too be drawn in a set of
two or more without drawing on duly stamped material the whole
number of bills constituting such set ; and
(2) knowingly and wilfully executing any dicument charged under
the First Schedule to this Ordinance with ad valorem duty in which
the consideration money or amount involved is not truely expressed
and set forth with intent to avoid full payment of stamp duty or
knowingly an dwifully inserting or setting forth or producing to
be inserted or set forth in such document a less amount than the
full and true consideration money or amount involved.
25.-(1) Every person who forges alteres or imitaties or assists in
forging altering or imtating any stamp used for the puropose of this
Ordinance shall be guility of felony.
(2) Any stamp impressed in th eStamp office by any person wityhoit
lawful execue is in possession of any forged altered fo rto him shall be
held to be forged within the meaning of this section.
26.Every person who uses utters disposes of puts off or without
lawful execue is in the possession of any forged altered or imitated stamp
as aforesaid knowing the same to be forged altered or imitated shall
be gukility of felony and such stamp be forfeited to the Crown
27.Every person who-
(1) fraudulently remopves an adhesive stamp from any document or
(2) wilfully removes or attempts to remove from any adhevises stamp
any mark that has been made thereon by way of cancellation or
(3) knowingly uses puts off or is in possessiopn of any adhesive stamp
from which any such mark has wholly or partially removed
shall be guility of a misdemeanor.
28.-(1) Every person who id convicted of any delony under this Ordinance
shall be liabnle at th ediscretion of the Court to imprsionment
with or without hard labour for any term not exceeding seven years. (2) Every person who is conmvicted of any misdemeanor under this
Ordinance in respect of which no penalty is specially provided shall be
liable at th ediscretion of th eCourt to imprisonment with or without
hard labour for any term not exceeding two years.
Miscellaneous Provision
29.No person shall be proceeded against under section 23 or
section 24 except within two years from the date of the offence or with
out the consent of the Attorney General
30.The present Collector and all other officersd of the Stamp Office
are hereby cotained in their offices.
Schedule
The first Schedule
TABLE OF STAMP DUTIES FOR DOCUMENT REQUIRED TO BE STAMPED
note Adocument containing or relating to seerval distinct matter is to be
seperately and distincting charged with duty in respect of each of
such matters A Document liable to stamp duty under more
than one Article of this Schedule shall be chjaarged under that
Article which imposes the hightest duty
1. Adjudiction as to the
amount of stamp duty ti be levied }$1
on any document
2.Affidvits statutory declaration
or declarations in writing upon
oath or affirmation made before any
person authorized by law to take the}$1
same or to adminstrater an oath or
affirmation and not otherwise charge
able with duty
Exemption This article shall not apply to any such affidavit or
declaraation made for the immediate perpose of being filed or used in
the Supreme Court or before any Judge or Officer of such Court or to
any affidvit or declaration made for the sole perpose of enableing any
person to recieve any pension or charitable allowance
3.Affirmation See 2 4.Agreement or any memoran-
dum of an agreement under hand only
and not otherwise specially charged
with any bduty whether the same is only}50 cents
evidence od a contract or obliqatory on
the parities from its being a written
instrument.............................
Note Agreement as to letting or tenancy are inall cases chargeable as
leases See Article 32 and 34.
Agreement or contract accom-...........
panies with the deposit of title deeds.}See Mortgage 38.
to any immovable property or for se-..
curing the payments or repayments of...
any money or stock....................
Exemptions Label slip or memoorandum containing the heads of
any insurance to be effected by means of a duly stamped Policy or Risk
Note.
Memorandum letter or agreement made for or relating to the sale of
any goods wares or merchandise or to the sale of any shares in any
public company not being a broker note or document given by a
broker.
Seaman's advance note or memorandum or agreement made between
the master and marines of any ship for wages.
Emigration Ticket.
5.Arbitration Award
Where the amount claimed or in-
volved does not exceed $500 $1
Where tdhe amount claimed or
part of $1000 over the first
$1000 $1
Where no money claim is made or
the amount involed cannot be
ascertained $2
6.Article of Clerkdhip or
contract whereby any person first be-}$50
coomes bound to serve as a clerk in
order to his admission as an Attorney
or Solictor
7.Assignment by way of security or of any security
Upon a sale See Mortgage 38.
See Conveyance 8.Attested Copy of any Docu-
ment chargeable with the duty this}$1
Schedule..........................
In case any document of which an atteested copy is made has annexed to it
or subscribed upon it any certificate affidvit declaration or arrestation
referring to the execution of such document or to any other formality in con-
nexion with such document no seperate or addition stamp shall required
for or in resoect of an attested copy of any such certificate affidavit declaration
or attestation and the stamp of $1 upon the attested copy of th eprincipal
document shall be deemed to cover and include the attestec copies of all
such certificates affidivits declarationm and attestation
9..Attorney Letter of Power of See36 and42
10.Average Statement....See Bond 15.
11.Bank Cheque paymable on
demand to any person to bearer or}2 cents
order............................
12.Bank Notes or other obli-
gation for the payment of money
issused by any Banker or Banking }One percent perannum on the average value of such notes
Company in the Colony for local cir- in circulation.
culation and payable to bearer on
demand ...........................
To be collected montly on a statement theerof to be furnished by each
Banker or Banking company to the Collector of stamp Revenue at the end of each
month and to be signed by th eBanker or Agent and by the Accountant of each Banker
or BAnking Company.
13. Bill of Exchange drawn
out of but payable on demand within}2 cents
the Colony not being a Cheque and
bearing the date on which it was made
Bill of Exchange of any other whatsover except a Chaque
or Bank Note and Promissory Note of any whatsover except a
Bank NOte
From 00 to 10 Free
From 10 to 50.......2
Do. 50 do 250.......5
Do 250 do 500......10
do 500 do. 1000.......20
do..1000 do. 2000......50.
do 2000 do 3000......100
do 3000 do 5000......150
do 5000 do 10000.....200
di10000 do15000 .......300
Every 5000additional or part thereof 0.5 Note 1. A Bill of Exchange for exactly $50 is to be charged 2 cents and so
throught the table
Note 2. When Bills of Exchange or other such document are drawn in sets
of two or more half thne above duties are to be charged on each part
of a set if the duty id 5 cents the first part to the set shall be
charged 3 cents and the other parts 2 cents each
Note 3 In the case of a Bill of Exchange drawn out of and payable on
demand out of the Colony the duty payable on each Bill of
Exchange when it is negotiated within the Colony shall be 2
cents
Note 4 In the case of Bills of Exchange in sets drawn out of the Colony,
the whole duty shall be payable on that part of the set which is first
presented for apyent or acceptance or is first otherwise negoti-
ated the other parts of the set being free.
14.Bill of Lanfding or ship's
receipt where bills of landing are not }10 cents
used for each part of every set
Exemption Bill of Landing for goods shipped by any Government
Officer an amount of Gobernment .
15.Bond or other obligation
concerning Respondentia and
Bottomry and Averge Statement
or Bond where no Statement is drawn }10 cents for every $100 or part
up..... thereof
Bond for srcuring of th epayment or
repayment of money not otherwise
provided for or for the transfer of}seeMortgage 38.
re-transfer of stock or accompanying
the deposit of title deeds to any im-
movable property.....
Bond.............See also Article 6,29,31,46.
16.Broker's for securing the payment or
repayment having reference to the sale or}50 cents
purchase of any meerchandise given by
any broker....
17.Charter Party or any
Agreement or Contract for the char-
ter or hiring of any sea going ship or.10 cents for every $100 or part thereof
vesel to be charged on the estimated
freight.............................
18.Copy Charter
Vessel under 200 tons each copy..$1
Do over 200 do do ...$2 19.Collateral Security ...See Mortgage 38.
20.Contract .............See Agreement 4.
21.Conveyance opr Assign-
ment on sale to be levied on the
amount or value 0opf the consideration
money such consideration money to
include any sum payable by the pur-}50 ccnets for every $100 or part
chaser ii respect of any mortgage or thereof
other debt remaining upon the pro-
perty purchased or released by such
purchaser to th evendor(see also
Article25.)....................
Exemption Transfer by mere indorsement of a duly stamped Bill
of Exchange Promissotory Note or other negotiable instrument or of a
Bill Of Landing Instrument fo r the sale tranfer or other dis-
postion either absolutely or buy way of of moetgage or otherwise of any
ship vessel junk or any part interest share or property of or
in any ship vessel junk or boat.
22.Copartnership Deed or
other Instrument of ........}$2
23.Declaration .......see 2.
24. Declaration of trust ... $10
25. Deed or other Instrument of
Gift Assignment of or Exchange where
no money consideration or a merely $25.
nominal money consideration passes ...
Deed or other Instrument of As-
signmment by a trustee toi the cestui-}$10
que trust where no money considera-
tion or a merely nominal money con-
sideration passes-
Deed of Assignment where no
money consideration or merely nominal}$10
money consideration passes in cases
where such deed of assognment is merely confirmatory of an assignment
on which the full conveyance duty
has been paid
The Collector of Stamp Renevene
shall unless the two deeds referred to
in the last paragraph are comprised in
one and the same document denote by
an entry under hisd hand made upon the deed stamped with the $10 duty
that the fullconveyance duty (if more
than $10) has been paid upon the
other.
26.Deposit of Title Deeds....See Mortgage38.
27. Duplicate or Counterpart of
any Document chargeable with duty
under this Schedule top be affixed on th e
production of the orginal document
bearing its proper stamp and not
otherwise If the orginal duty is
Under $1.........................Same duty
Over $1 and not exceeding $10 ..$1.
Do $10 do $20..$2
Do $20..............$3
note The duplicate or counterpart of any instrument chargeable with
duty is not to be deemed duly stamped unless it appears by
some entry made by the Collector of Stamp Renvenue or by some
stamp impressed thereon that the full and proper duty has been
paid upon the orginal instrument of which it is a duplicate or
counterpart or unless it is stamped as an orginal instrument.
28Equitable Charg...see Mortgage 38.
29.Foreign Attachment
Bond in the Supreme Court either}$1 for every $100 or part thereof
Jurisdiction
30.Guarantee.......See Agreement 4
31.Every Instrument in writing
under seal not otherwise specially }$10
charged with duty under this Schedule
Note The impression of Chinese names shop names or trading names
commonly called chops shall not be taken to be seals within the
meaning of this Articles
32.Lease or Agreement for a
Lease nade for a term of years or for
a period determinable woth one or more
life or lives or otherwise contingent in}30 centsfor every $100 or part therof
consideration of sum of money paid
in th eway of premium fine or the like
if without rent
33.Lesase excuted in pursance
of a duly stamped sgreements}$1
same 34.Lease or Agreement for a Lease
of any land,house, building,or tene-
ment , at a rent without payment of
any sum of money by way of fine or
premium to be levied on the Annual
Rent for a term not exceeding-
One year ...............10 cents
Three yaers.............25 do}for every $100 or part thereof
Thirty years ...........50 do}
Exceeding thiety years .75 do
Lease Surrender of ..........{The smame amount of duty as is pay-
able on th elease itself.
Note When both rent id paid and there is a fine or premium of duly as is
to be the total of that due under both Articles 32 and 34.
Exemption.-All rentals under $50 per annum.
35. Letter or other Instrument of
Hypothecation accompanying de-
posit of property or bond or other instru-} Referring to particlar property $1
ment of guarantee in respect of such duplicate 10 cents
property or document of title ..... General$2
36.Letter or Power of Attor-
ney or other instrument in the nature
therof for the sole purpose of appoint-}2 cents see also 42
ing or authorizing a proxy to vote at
any one meeting at which votes may be
given by proxy whether the number of
persons named in such instrument is
one or more.........................
37.Letter of Guarantee...see Agreement 4
38 Mortgage or Agreement for
warrant of a attorney to confuses and
enter up judgement and foreign security
of any kind not specially charged with
duty under this Sehedule to be levied
\on the amount or value of of the principal
sum secured--
(1) Being the only or principal or
primary security and also where
sany further money is added to the}10 cents for every $100 or part
money already secured....... thereof (2)Being a collateral or auxiliary, }
or additional or substituted secu- }
rity, other than a mortgage exe- }
cuted pursuant to a duty stamped }
agreemant for the same, or by way }
of further assurance for the above- }
mentioned purpose wher the }5 cents for every $4100 or part
principlal or primary security is }thereof
duly stamped, and for every ex- }
tension of teh time of an original }
mortgage indrosed an such mort- }
gage............................... }
(3)Transfer assignment disposi- }
tion or assignation of any mort- }
gage bond debenture covenant, }
or foreign security or of any }
such instrument or by any war- }
rant of attorney to enter up judg- }
ment or by any judgement to }
be levied on the amount trans- }
ferred }
(4)Reassignment, release dis- }
charge surrender, re-surrender, }
warrant to vacate or renunication }1 cent for every $100 or part
of any such security as aforesaid }thereof
or of the benefit thereof or other docu-}
ment specified in this sub-section, }
no duty shall be payable in respect }
of such interest }
(5)Mortgage executed in pursance }
of a duly stamped agreement for }$1
the same }
39.Any Notarial Act whatso- }
ever not otherwise charged with duty }$1
under this Schedule... }
40.Note of Protest by any }
Commander or Master of a Vessel or }25cents
with regard to any Bill Of Exchange }
or Promissory Note............ }
41.Polcy or Risk Note , for each copy and every renewal
(1)Life Insurance (including InterinReceipts)
(2)Marine Hull Risks,for Time
(3)All other Insurances (Fire, Marine or otherwise)
25 cents for every $1000 or part thereof insured.
Where the amount insured does not excee $1000,10cents
Where it exceeds $1000 25 cents.
42.Power of Attorney or }
Revocation of Power Of Attor- }$2 See also 36.
ney......................... }
43.Probate or Letters of Ad-
minstarationwith or without the will
annexed to be calculted upon the
value of the estate and effects for or in
respect of which such Probate or
Letters of Adminstartion is or are
granted exclusive of what the deceresed
person may have been possessed of or
entitled to as a trustee for any person
pr persons and not benifically--
(1)Where the estate and effects }At the rate of $1 for every $100
are above the value of $250 and }and for evry fractional part of
not above the value of $1000 ... }$100 over any multiple of $100
(2)Where the estate and effects }At the rate of $2 for every $100
are above the value of $1,000 and}and for evry fractional part of
not above the value of $10,000...}$100 over any multiple of $100
(3)Where the estate and effects }At the rate of $3 for every $100
are above te value of }and for evry fractional part of
$10,000 ... }$100 over any multiple of $100
Exemption.-where the estate and effects do not exceed the value of
$250. 44.Reassignment .. .. .. See Mortgage 38
45.Receipt or Discharge given}
for the payment of money or in ac-}
quittal of a debt paid in money or }2 cents
otherwise when the sum recived dis-}
charged or accuitted exceeds $10..}
Exemption -Letter acknoledging the arrival of a Currency or
Promissory Note Bill of Exchange or any Security for Money
Receipt or Debit Note for t ePremium on a duly stamped Policy of
insurance Receipt for any and allowance of a person in the sevices
of the Imperial or th eColonial Government whether Civil Naval or
Military
46.Servant's Security Bond.
Any instrument in writing under seal}
by which any domestic or other Ser-}
vant or Clerk or Compradore gives }
security for the due discharge of his }
duties or of the duties of other persons }
to be employed by him or for the proper }The same duty as a Mortgage see
carrying on of business to be conducted }Article 38.(1) and (2)
by him or for the discharge of his }
responsibilities arising from such busi-}
ness whether such security is given by} }
the binding of other perosns or by}
the deposit of money or valueable }
property or by the deposit of th etitle }
deeds to any property or by any}
assignment }
47.Settlement Any instru- }
ment whether voluntary or upon any }
good or valuable consider }
ation wherby any definite and certain }30.cents for every $100 or part
principal sum of money (whether }therof of the amount or value of
charged of chargeable on lands or not }the property settled or agrreed to
or to be laid out in the purchase of }be settled.
lands or not ')or any definte and cer- }
tain amount of stock or any security }
is settled or agrees to be settled in any}
manner whatsover. } exemption.-instrument of oppointment relating to any property
in favour of persons especially named or described as the objects of a
power of appointment created by a previous settlement stamped with ad
valorem duty in respect of the same property, or by will, where probate
duty has been paid in respect of the same property as personal estate of
the testator.
48.Settlement executed in pur-}
surance of a duly stamped agreement }$1
for the same}
Statutory Declaration ....See 2.
49.Surrender if a Lease...{THE same amount of duly as is pay-
able on the lease itself
51.Transfer of Shares or stock }
in any public company to be computed }
on the markeyt value of such shares on}10 cents for every $100 or part
the day of stamping which if doubt }thereof
arises the Collector of stamp Revenue }
shall decide subject to section 10 of }
this Ordinance ......}
Transfer for a nominal amount to}$1
be approved by the Collector}
Exemption --Serip Certificate
GENERAL EXAMPTION
Any Document made or executed by or on behalf of His Majesty of any
DEpartment of His Majesty's Service or whereby any property or interest is
transfered to or any contract of any kind whatoever is made with His
Majesty or any person for an behalf of His Majesty or any such Depart-
ment as aforesaid .
but this exemption does not extend to any Document executed by the Regis-
trar of the Supreme Coyrt as Offical Adminstration or by a Reciever appionted
by any Court or to any Document rendered necessary by any Ordinance or by
the order of any Court;neither does it extend to a Sale made for the recovery
of an Arrear of Revene or Rent or in satisfaction of a Judjment Decere or
order of any which cases teh purchaseer shall be required
to pay the amount of the requiste Stamp in Addition to the purchase money. Section 8 THE SESCOND SCHEDULE
TABLE OF DOCUMENT WHICH MAY BE STAMPED WITHOUT P[AYMENT OF
PENALTY AT ANY TIME WITHIN SEVEN DAYS FROM THE DATEOF
EXECUTION
All the Documents which are inclued in Article 4,5,7,8,10,15,19,
20,21,22,24,25,26,28,30,31,32,33,34,35,37,38,39,40,42,44,46,
47,48,and 50of the First Schedule to this Ordinance with the following
exception namely Leases or Agreement for Leases for a period of one year
or under.
A.D. 1901. Ordinance No. 22 of 1901.
Short title. Interpretation of terms. General and subsidiary Stamp Offices. Appointment of officers. Stamp duties payable on documents. First Schedule. Making of rules. Documents executed out of the Colony. Provisions as to stamping of documents after execution. Second Schedule. Adjudication as to duty payable. Appeal from Collector's decision, etc. Non-admissibility in evidence of unstamped document. Impounding of unstamped document. Allowance for damaged impressed stamp. Provisions as to documents appointing proxies. Manner of denoting stamp in case of two instruments. Incidence of of cost of certain stamps. Responsibility for loss of or damage to document. Liability of donationes mortis causa and certain other gifts and dispositions of property to probate duty. 44 & 45 Vict.c. 12 s. 38 (2.) Deduction of debts for purposes of probate duty. Provision of payment of further probate duty. Refunding of probate duty on certain grounds. Penalties for default in taking out probate or administration. See Ordinance No. 2 of 1897. Penalty for not stamping document, etc. Penalty for fraudulent act. Forging stamp, etc. Use, etc., of forged stamp. Fraudulently removing adhesive stamp, etc. Punishment of felony and misdemeanor. Limitation of time in certain prosecutions. Continuation in office of present officers. Section 5. Section 8.
Abstract
A.D. 1901. Ordinance No. 22 of 1901.
Short title. Interpretation of terms. General and subsidiary Stamp Offices. Appointment of officers. Stamp duties payable on documents. First Schedule. Making of rules. Documents executed out of the Colony. Provisions as to stamping of documents after execution. Second Schedule. Adjudication as to duty payable. Appeal from Collector's decision, etc. Non-admissibility in evidence of unstamped document. Impounding of unstamped document. Allowance for damaged impressed stamp. Provisions as to documents appointing proxies. Manner of denoting stamp in case of two instruments. Incidence of of cost of certain stamps. Responsibility for loss of or damage to document. Liability of donationes mortis causa and certain other gifts and dispositions of property to probate duty. 44 & 45 Vict.c. 12 s. 38 (2.) Deduction of debts for purposes of probate duty. Provision of payment of further probate duty. Refunding of probate duty on certain grounds. Penalties for default in taking out probate or administration. See Ordinance No. 2 of 1897. Penalty for not stamping document, etc. Penalty for fraudulent act. Forging stamp, etc. Use, etc., of forged stamp. Fraudulently removing adhesive stamp, etc. Punishment of felony and misdemeanor. Limitation of time in certain prosecutions. Continuation in office of present officers. Section 5. Section 8.
Short title. Interpretation of terms. General and subsidiary Stamp Offices. Appointment of officers. Stamp duties payable on documents. First Schedule. Making of rules. Documents executed out of the Colony. Provisions as to stamping of documents after execution. Second Schedule. Adjudication as to duty payable. Appeal from Collector's decision, etc. Non-admissibility in evidence of unstamped document. Impounding of unstamped document. Allowance for damaged impressed stamp. Provisions as to documents appointing proxies. Manner of denoting stamp in case of two instruments. Incidence of of cost of certain stamps. Responsibility for loss of or damage to document. Liability of donationes mortis causa and certain other gifts and dispositions of property to probate duty. 44 & 45 Vict.c. 12 s. 38 (2.) Deduction of debts for purposes of probate duty. Provision of payment of further probate duty. Refunding of probate duty on certain grounds. Penalties for default in taking out probate or administration. See Ordinance No. 2 of 1897. Penalty for not stamping document, etc. Penalty for fraudulent act. Forging stamp, etc. Use, etc., of forged stamp. Fraudulently removing adhesive stamp, etc. Punishment of felony and misdemeanor. Limitation of time in certain prosecutions. Continuation in office of present officers. Section 5. Section 8.
Identifier
https://oelawhk.lib.hku.hk/items/show/753
Edition
1901
Volume
v2
Subsequent Cap No.
117
Cap / Ordinance No.
No. 16 of 1901
Number of Pages
21
Files
Collection
Historical Laws of Hong Kong Online
Citation
“STAMP ORDINANCE, 1901,” Historical Laws of Hong Kong Online, accessed November 15, 2024, https://oelawhk.lib.hku.hk/items/show/753.
