STAMP ORDINANCE, 1901

STAMP ORDINANCE, 1901

No. 16 of 1901.

To cnnsolidate and aniend the laws relating to Stamps and Stamp Duty.
[5th October, 1901]
1.The Stamp Ordinance, 1901.

2. In this Ordinance-
---The Collector---includes the person appointed by the Governor
to have the control and management of the Stamp Office:
Document--- means any deed, instrument, or writing whatso-
ever :

---Material--- means paper or parchment :

---Executed--- and---execution,- with reference to documents not
under seal, mean signed and signature respectively.



As amended by No. 11 of 1902, No. 12 of 1903, No. 13 of 1911 and
No. 8 of 1912.
As amended by No. 11 of 1902 and No. 43 of 1912 Supp. Sched.
As amended by No, 1 of 1912 and No. 43 of 1912 Supp. Sched.





Administration.
3. There shall be one general Stainp Office and such subsidiary
stamp offices as the Governor may appoint.

4. The Governor may appoint a Chief Officer who shall have the
control and mana-evient of the Stamp Office, and such other officers
as may be required to carry on the, business of the office.

5. For every document executed of any of the kinds specified by
the 1st schedule as requiring stamps, there shall be payable a stamp
duty of the amount indicated in the said schedule to he proper for
such document.

6. The Govenor-in-council may make rules--

(1) fixing lower rates of dtity than those specified in the 1st
schedule;

(2) exempting froni dtity any of the. documents mentioned in the
said schedule ;
(3) prescribing the, form, size, and material of the stamps to be
used, and the mode and place of Impressing, affixing, or denoting
the value of the same, and the manner of writing upon or filling up
the same, and also the manner of cancelling the same;

(4) authorising or prohibiting the use of adhesive stamps for any
documents required to bear stamps;

(5) authorising the over-embossing of the stamps, and the method
of such over-embossing;

(6) providing for the Collector certifying that stamp duty has
been paid; and

(7) generally for the carrying out of the provisions of this
Ordinance.

Fxecution out of the Colony.
7. All documents whatever executed out of the Colony shall,
before being used, brought into force, or registered within the
Colony, be stamped according to the rate of dirty to which they
would have been liable if they had been executed in the Colony.

As 4mended by No. 50 of 1911 and No. 1 of 1912.
As amendOU by No. 50 of 1911, No. 1 of 1912 and No. 2 of 1912.





Stamping after Execution.
8.-(1) Any civil Court may direct the Collector to stamp and
receive the duty and penalty, if any, upon any document which
may be stamped alter execution under this Ordinance. Such duty
and penalty shall be paid into Court, and shall be remitted to the
Collector with the document to be stamped, after the document has
been admitted in evidence.

(2) The Collector may stamp documents after execution in cases
where be is satisfied that the omission or neglect to stamp or to
stamp sufficiently did not arise from any intention to evade payment
of starnp duty or otherwise to defraud, subject to the following
rules :-
(a) transfers of shares shall not be stamped until the 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 promisory notes executed in the Colony
shall not be stamped after execution;
(c) documents executed out of the Colony shall be stamped in
accordance with the provisions of section 7;
(d) the documents mentioned in the 2nd schedule may be stamp-
ed, without payment of penalty, at any time within 7 days from the
date of execution; and,
(e) subject to the precedmig rules, all documents which may
be stamped after execution may be so stamped on payment of a
penalty, as follows :-
(1) if within 1 month of execution, double the amount of deficient
duty ;
(ii) if within 2 months, 4 times the amount of deficient duty; and
(iii) if after 2 months, 10 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 satisfied
that the omission or neglect to stamp arose solely from urgent
necessity or unavoidable accident or that the special circumstances
of the case otherwise justify his doing so. He may require sworn
or other evidence as to the circumstances.
Provided further that the instruments specified in sub-sections (2)
(a) and (b) may be stamped after execution if the Collector is

As ainended by No. 34 of 1911, No. 50 of 1911, No. 1 of 1912 aud
No. 2 of 1912.





satisfied by statutory declaration, or otherwise as he way require,
that the omission to stamp arose solely from urgent necessity and
if the instruments be brought to be stamped without any delay.

Adjudication, Reception in Evidence, and Impounding.

9.-(1) Whenever any person is in doubt respecting the prope
amount of stamp duty payable upon any document, he may apply
to the Collector for an adjudication on such document, on payment
of a fee of 1 dollar, whereupon the Collector shall decide the
amount of duty to which the document is liable, and, on payment
thereof, shall impress the document with stamps to that amount,
and also with an additional stamp denoting that the adjudication fee
has been paid.
(2) If the Collector is of opinion that the document is not charge-
able 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
lie shall impress it with the adjudication fee stamp.
(3) Any document bearing the adjudication fee stamp shall be
received in evidence in any Court or registered by any public officer
as properly stamped, and shall be regarded as properly stamped for
any purpose whatever.

10.-(1)All decisions, orders, or acts of the Collector may be
reversed or modi---fied by the Governor.
(2) Whenever any person supposes any adjudication of the Collec-
tor, 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
the Court,Iiaving heard such person and the Collector or his deputy,
may order the payment 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, Do document
liable to stamp duty under this Ordinance shall be received as creat-
ing, transferring, or extinguishing any right or obligation, or as
evidence in any civil proceeding in any Court, or shall be acted
upon, registered, or authenticated in any such Court or public or

As amended by No. 2 of 1912.
As amended by NQ. 1 of 1912.





other office or by any public officer, unless such document is stamped
according to this Ordinance or in accordance with the law in force
at the time when it was executed.

12. It shall be lawful for all Courts and for the Collector, and for
all persons employed for the sale and distribution 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 appear to
have been committed, and to deliver the same to the Collector to
be used in prosecuting the offender.

13.-(1.) Every instrument written upon stamped material is to
be written in such manner, and every instrument partly or wholly
written before being stamped is to be so stamped, that the stamp
may appear on the face of the instrument, and cannot be used for
or applied to any other instrument written upon the same piece of
material.

(2) If more than one instrument be 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.

14. Except where express provision to the contrary is made by
this or any other Ordinance,-
(a) an instrument containing or relating to several distinct
matters is to be separately and distinctly charged, as if it were a
separate instrument, with duty in respect of each of the matters;
(b) an instrument inade for any consideration. in respect whereof
it is chargeable with ad valorem duty, and also for any further or
other valuable consideration or considerations, is to be separately
and distinctly charged, as if it were a separate instrument, with
duty in respect of each of the considerations.

15.-(1) Where an instrument is chargeable with ad valorem
duty in respect of-
(a) any money in currency other than Hongkong currency, or
(b) any stock or marketable security,
the duty shall be calculated on the value, on the day of the date of
the instrument, of the money or stock or security in Hongkong
currency according to the current rate of exchange.

A

AS amended by No. 1 of 1912.
As amended by No. 34 of 1911 and No. 35 of 1911.
As amended by No. 84 of 1911.





. (2) Where an instrument contains a statement of current rate of
exchange, or price, as the case may require, and is stamped in
accordance with that statement, it is, so far as regards the subject-
matter of the statement, to be deemed duly stamped, unless or until
it is shown that the statement is untrue, and that the instrument is
in fact insufficiently stamped.

16. Where the duty with which an instrument is chargeable
depends in any manner upon the duty paid upon another instru-
ment, the payment of the last-nientioned duty shall, upoii application
to the Collector and production of both the instruments, be denoted
upon the first-mentioned instrument in such manner as the Collector
thinks fit.

17.-(1) An instrument, the duty upon which is required or per-
mitted by law to be denoted by an adhesive stamp, is not to be
deemed duly stamped with an adhesive stamp, unless the person
required by law to cancel the adhesive stamp cancels the same by
writing on or across the stamp his name or mitials, or the name or
initials of his firm, together with the true date of his so writing, or
otherwise effectively cancels the stamp and renders the same in-
capable of being used for any other instrument,, or for any postal
purpose, or unless it is otherwise proved that the stamp appearing
on the instrument was affixed thereto at the proper time.
(2) Where two or more adhesive stamps are used to denote the
stamp duty upon an instrument, each stamp is to bc cancelled in the
manner aforesaid.

(3) Every person who, being required by law to cancel an ad-
hesive stamp, neglects or refuses duly and effectually to do so in the
manner aforesald, shall, on summary conviction, be liable to a fine
of 100 dollars.

Miscellaneous Matters.
18.-(1) Every letter or power of attorney for the purpose of
appointing a proxy to vote at a. meeting, is to specify the day on
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 specified or any adjourn-
ment thereof.

* As amended by No. 84 of 1911.
No. 12 of 1912.
As amended by No. 80 of 1911, No. 84 of 1911 Bud No. 21 of 1912.





(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, be liable to a fine not
exceeding 200 dollars.
(3) Every vote given or tendered under the authority or by means
of any such letter or power of attorney, not being duly stamped, shall
be absolutely null and void.

[s. 19 (formerly s. 1.5), rep. 1No. 5.5 of 1911.]

20.-(1) The expense of the stamp for any bill of exchange or
promissory note shall be borne by the persoin drawing or making or
negotiating the same.
(2) The expense of any receipt stamp shall be borne by the person
receiving payment.

21. The Government shall not be responsible for the loss of or
for damage to any document 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.

Probate Duty.
22.-(1) In. this and the following sections the word ---estate
or---property--- or ---effects---of a deceased person, means the per-
sonal estate and effects of whatever kind of such person, and includes
property passing on the death of such person.
(2) The petition of any person applying for probate of the will,
or letters of administration, with or without the will annexed, of
the estate of a deceased person shall include or have annexed thereto
a list or schedule of-
(a) any property taken as a donatio mortis causd made by the
deceased person, or taken under a disposition made by the deceased
person purporting to operate as an immediate gift inter viros,
whether by way of conveyance, assignment, transfer, delivery,
declaration of trust, or otherwise, which has not been bond fide made
12 months before the death of the deceased person, or taken under
any gift, whenever made, under which the donee has not assumed

As ainended by No. 34 of 1911.
As aniended by No. 34 of 1911 and No. 21 of 1912.
As amended by No. 84 of 1911, No. 1 of 1912 and No. 2 of 1912.





bond fide possession and enjoyment immediately upon the gift and
thenceforward has retained the same, to the entire exclusion of the
donor or of any benefit to him by contract or otherwise;
(b) any property which the deceased person, having been abso-
lutely entitled thereto, has, without valuable consideration, caused
to be transferred to or vested in himself and any other person
jointly, whether by disposition or otherwise, so that the beneficial
interest therein or in some part thereof passes or accrues by
survivorship on his death to such other person;
(c) any property passing tinder any past or future settlement
made, without valuable consideration, by the deceased person, by
deed or any other instrument not taking effect as a whereby
an interest in such property for life or any other period determin-
able by reference to death is reserved, either expressly or by im-
plication, to the settlor, or whereby the settlor may have reserved
to himself the right, by the exercise of any power, to restore to
himself or to reclaim the absolute interest in siicli property; and
(d) any money payable ---undera policy of insurance effected by
any person on his life where the policy is wholly kept up by him
for the benefit of a donee whether nominee or assignee, or a part
of such money in proportion to the premium paid by him where the
policy is partially kept up by him for such benefit;
and probate duty shall be payable 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 administration
is or are granted.
(3) A covenant to pay any Crown rent and observe and perform
any conditions or covenants contained in any Crown lease shall not
be deemed to be valuable consideration withiri the ineaning of this
section.
(4) A covenant by the transferee in any disposition of an equity
of'redemption in mortgaged propekty to pay the mortgage debt and
interest or any part thereof, or to indemnify the transferor against
such debt and interest or any part thereof, shall not be deemed to
be valuable consideration for the transfer of such equity of redemp-
tion within the meaning of this section.

23.-(1) It shall be lawful for any person applying for probate or
letters of administration, or for the exeinplification of probate or

4s amended by No. 34 of 1911 and ING. W of 1911.





letters of administration, or for the sealing of any probate or letters
of administration granted in the United Kingdom to deliver with,
or to annex to or include in, the sworn petition a schedule of the
mortage debts due and owing from the deceased person on the
security of leasehold property situated in the Colony where such
property forms part of the estate of the deceased person and is the
sole seenrity by way of mortgage for such debts, and also of the
debts due from the deceased person to persons resident in the
Colony, and in that ease, for the ptirl)ose of the payment of probate
duty, the aggregate aniount of the debts appearing in the schedule
shall be deducted froin the valtie of the deceased person's estate and
effects in the_Colony as specified in tbe schedule delivered with, or
annexed to or included in, the sworn petition.

(2) Debts to be deducted under the power hereby given.shall be
debts due and owing from the deceased perscn and payable by law
out of any part of the estate and effects in the Colony comprised in
the sworn petition, and are not to include voluntary debts expressed
to be payable on the death of the deceased person or payable under
any instriuneDt which has not been bon6 fide delivered to the donee
thereof 3 montlis before the death of the deceased person.

24. In every case where probate or letters of administration of
the estate of a deceasedis for the first time applied for after
the lapse of one year from the date of the death of such person, and
in every case wlibi.e sealing under the provisions of Part VI of the
Probates Ordinance, 1897, is for the first time applied for after the
lapse of one year from the date of the grant by a Court of Probate
sittiate outside the Colony of the probate or administration of which
the sealing is desired, probate duty shall be charged at 3 times the
customary rate, unless the Derson making the application can prove
to the satisfaction of a Judge that be was not within the said period
of one year aware of the existence within the Colony of any property
of whatsoever nature belonging to the estate of the deceased person,
and that he could not within such period with due and reasonable
diligence have ascertained the existence of the same.

25-(1) If at any time it is discovered that any deceased person's
personal estate and effects in the Colony were at the'date of the

As amended by No. 44 of 1909, No. 34 of 1911 and No. 1 of 1912.
As aniended by No. 44 of 1909, No. 30 of 1911, No. 34 of 1911,
No. 35 of 1911, No. 50 of 1911, No. 1 of 1912 and No. 21 of
1912.





death in the case of property passing on death, or in other cases at
the time of the grant of probate or letters of administration or of
exemplification or of the scaling of any probate or letters of adminis-
tration aforesaid, of,greater value than the value. mentioned in the
sworn petition, or that any deduction for debts was made erroneous-
ly, the person acting in the administration of such estate and effects
shall, within 6 month after the discovery, deliver an affidavit with
an account to the Collector and shall pay to the Collector the amount
of duty which, with the duty, if any, previously paild, Atall be guffi-
cient to cover the duty chargeable aceording to the true value
thereof, and shall at the same time pay to the Collector interest
upon such amount at the rate of 8 per cent. per anninn from the
date of the grant, or scaling, or from such subsequent date as the
Collector mav in the circumstances think proper.

Provided always that if the said affidavit and account are not
delivered to the Collector within the said period of 6 months then
any duty remaining unpaid at the expiry of the perliod shall be
charged at 3 times the customary rate, ---unlessthe person liable to
render such affidavit and account can prove to the satisfaction of a
Judge that his omission to do so was not diie to any negligence or
default on his part : Provided further that every person who neglects
or omits within the said period of 6 inonths to render such account
shall, on summary conviction, be personally liable to a fine not
exceedin 500 dollars, unless he can prove to the satisfaction of the
Magistrate that his omission to do so was not due to any wilful
neglect or default on his part.

(2) Notwitbstariding neglect or omission and notwithstahd-
ing any such conviction., such duty (whatever the amount thereof)
may be recovered at the suit of the Treasurer in the Supreme Court
in its Surninary Jurisdiction, without prejudice to any other remedy.

26. The Governor may order a refund by treasury warrant of the
whole or any portion of any probate duty which may have been
paid io 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, discharge of debts, or other reasonable cause.

As amended by Xo. 34 of 1911 and No, 35 of 1911.





Offences and Penalties.

27. If any person in any way administers any part of the estate
and effects of any deceased person without obtaining probate of the
will or letters of administration of the estate and effects of such
deceased person within 6 months after such. decease, or within 2
months after the termination of any action dispute respecting
the will or the right to letters of administration, if there is any such
which is not ended within 4 months after such decease, every such
person shall forfeit the sum of 500 dollars, and shall also be liable
to pay 3 times the amount of stainp duty chargeable on the estate
and effects-of the deceas-ed person, and the same shall be a debt due
to the Crown and be recoverable in the same shall way as Crown rents
may be recovered : Provided that nothing in this section shall be
deemed to interfere with the special powers conferred upon certain
officers by Ordinance of acting without obtainin.g probate of the will
or letters of administration of a deceased person.

28. Every person who commits any of the following offences shall,
on summary conviction, be liable to a fine not exceeding 100
dollars :-

(1) drawing, accepting, issuing, indorsing, negotiating, paying,
or receiving payment of any bill of exchange, promissory note, or
other similar instrument, or making, executing, or signing (except
as hereinbefore provided) any document enumerated in the 1st
schedule on unstamped or insufficiently stamped material;

(2) giving receipts or discharges for the payment of money, or
in acquittal of a debt paid in money or otherwise, where the amount
paid has been separated or divided with intent to evade the duty;

(3) refusing to give a receipt duly stamped in any case where a
receipt would be liable to duty

(4) any breach of this Ordinance not specially provided for

29. Every person who commits any of the following offences
shall, on summary conviction, be liable to a fine not exceeding
500 dollars :-

As amended by No. 44 of 1909, No. 34 of 1911, No. 35 of 1911
No. 50 of 1911, No. 1 of 1912 and No. 2 of 1912.
As amended by No. .90 of 1911, No. 34 of 1911, No. 35 of 1911,
No. 50 of 1911, No. 55 of 1911 and No. 21 of 1912.
As amended by No. 30 of 1911, No. 34 of 1911, No. 50 of 1911 and
No. 21 of 1912.





(1) drawing any bill of exchange purporting to be drawn in a seL
of two or more without drawing on duly stamped material the whole
number of bills constituting, such set;
(2) knowingly and wilfully executirg any document charged,
under the 1st schedule, with ad valor duty, in which the con-
sideration money or amount involved is not truly expressed and set
forth, with intent to avoid full payment of stamp duty, or knowing-
ly and wilfully inserting or setting forth, or procuring to be inserted
or set forth, in such document a less amount than the full and true
consideration money or amount involved.

30. All the facts and circumstances affecting the liability of any
instrument to duty, or the amount of the duty with which
any instrument is chargeable, are to be fully and truly set forth in
the instrument : and every person who, with intent to defraud the
Government,-
(a) executes any instrument, in which all the said facts and
circumstances are not llilly and truly set, forth; or
(b) being employed or concerned in or about the preparation of
any insfrument, neglects or omits fully and truly to set forth there-
in all the said facts and circumstances,
shall be liable, on summary conviction, to a fine not exceeding 100
dollars.

Miscellaneous Provisions.
31. No person shall be proceeded against under sections 28, 29,
or 30 except within 2 years tront the date oil the offence or without
the consent of the Attorney General.

FIRST SCHEDULE
Shouing the proper stamps for such Documents as require to bestamped under this Ordinance.
is to be separately and distinctly charged with duty in respect
of each of such matters. Any docoument liable to stamp duty
under more than one Article of this schedule shall be charged
under that Article which imposes the highest duty.


As ameuded by No. 34 of 1911. No. 35 Of 1911, NZO. 2 of 1912 and
No. 22 of 1912.
As aniended by No. 84 of 1911, No. 2 of 1912, No, 22 of 1912 and
No. 43 of 1912.
This schejule was introduced by No. 88 of 1902 in substitution
the original 1st ochedule. for





1. Adjudication, as to the
amount of stamp duty to be levied
on any document ......................

2. Affidavits, statutory deala-
rations or declarations in writing on
oath or affirmation made before any
person authorised by law to take
the same or to administer an oath
or affirmation and not otherwise
chargeable with duty,


.

Exemption:-This Article shall not apply to any such affidavit
or declaration made for the immediat purpose of being filed or
iised ill the sapreme Coitp.t or before any Judge or officer of such
Court or to any affidavit or declaration viade for the sole purpose
of enabling any person to receive any pension or charitable
allowance.
3. Affirmation ......

4. Agreement, or any memo-
randum of an asgreement, under
hand only, and not otherwise speci-
ally charged with any duty, whether
the same be only evidence of a
contract or obligatory on the partles
from its being a written instrument.

Note. --Agreements as to letting or tenancy are in all cases
chargeable as leases. See articles 32 and 34.
Agreement or contract accom -
panied with the deposit of title
deeds to any immovable property
or for securing the payment or
repayment of any money or stock.
Exemptions- Lable, slikp or memorandum contaning the
heads of any insurance to be effected bil means of a duly stainped
policy or risk note.
Memorandum, letter, or agreement madc for or relating to tile
sale of any goods, wares, or vierchandise, or to the sale of any
shares in any public company, not being's note or doeu-
rnent given by a broker.
Seaman's advance note, or or a..qrecincitt made
between the viaster and mariners of an*y ship for ivages.
Emigration contract
passage ticket.



5. Arbitration Award . .....



Where the amount claimed or in-
volved does not exceed $500, $1.
Where the amount claimed or in-






volved exceeds $500 but does
not exceed $1,000, $2.
And for every additional $1,000, or
part of $1,000 over the first
$1000 $1.
Where no money claim is made or
the amout involved cannot be
aseertained, $6.





6. Articles of Clerkshil,
or contract whereby any person
shall first some bound to serve as $15o.
a clerk in order to his admission as
an attorney or solicitor

7. Assignment, by way of
security, or of any security

see Mortgage, 38.

Upon a sale . .......see Conveyance, 21.

8. Attested Copy of any
document chargeable with stamp $3.
.duty under this schedule ............

In case ally document of which. ail attested copy shall be made has
annexed to it or subscribed upon it ally certificate, affidavit, declara-
tion, or attestation referring to the execution of such document or to
any other formality ill connection with such document, no separate or
additional stanip shall be required for or in respect of an attested copy
of any such certificate, affidavit, declaration, or attestation, and the
stamp of $3 upon the attested copy of the principal document shall be
deemed to cover and include the attested copies of all such certificates,
affidavits, declarations, and attestations.

9. Attorney, letter or power
of ..........................................

10. Average Statement,...

11. Bank Cheque payable 0
demand to any person, to bearer or
order .....................................

12. Bank Notes, or other
obligations for the payment of
money issued by ally Banker or
Banking Company ill the Colony
for local circulation and payable
and ........
to bearer on dem.

13. Bill of Exchange drawn
out of but payable on demand with-
in the Colony, not being a cheque,
and bearing the date on which it
was made

Bill of exchange of any other kind whatsoever except a chewue or
bank note, and





circula-
tion. j

a cents.

15.

To be collected monthly
on a statement thereof
to be furnished 1) y each
Bank er or Banking Com-
pally to tile Collector of
Stailip Revenue at the
end of eaell mouth, and
to be signed by the
Banker, or Manager, or
Agent, and by the Ae-
countant of such Banker
or Banking Company.


Bill of Exchange of any other kind whatsoever except a cheque or
bank note, and,

0





Promissory Note of any kind whatsoever except a bank note:-

from $ 00 to $ 10 .....
$ 10 $ 250
$ 250 $ 500
$ 500
$ 1,000
$ 2,000
$ 3,000
$ 5,000
.$10,000

Y 1

~ 1

$ 1,000
$ 2,000
$ 3,000
$ 5,000
$10,000
$15,000
every $ 5,000 additional

.............. free.
5 c
10
20
... 50
... $1.00
................... $1.50
................... $3.00 or part thereof.. $0.50
Note I-A Bill of Exclianae for exactiv $250 is to be charged 5
cents, and so throughout the table.

drawn ill sets of two or more, lialf tile above duties are to
be char-ect on. each part of a set. If the duty, be 5 cents
the flust part of the set shall be charged 3 cents, and the
other parts 2 cents each.
Note 3.--ln the case of a Bill of Exchange drawn out of and pay-
able on demand out of the Golony, the duty payable when
such bill is ilecotiated within the the Coloby, shall be 5 cents.
Note 4.-In the case of bills in sets drawn out of the Colony, the
whole duty shall be payable oil that part of the set wflich is
first presented for payment or acceptance, or is first other-
wise negotiated, the other parts of the set being free.


14. Bill of Lading, or ship's
receipt whether in the fortn of an
accountable receipt or otherwise
where bills of lading are not used-

When the freight is under $3
c 10 cents.
for each part of every set

When the freight is $3 or more, 1.20 cents.
for each part of every set







Exemption.-Bill of Lading for goods shipped by any Govern-
wient Officer on account of Governvient.

15. Bond, or other obligation '
concerning Respondenti10 cents for every $100 or part
Bottomry, and Aveia;e thereof.
Statement, or Bond where no
statement is drawn tip

As amended by No. 2 of 1912.
As amended by No. 84 of 1911,





Bond. for securing the payment
or repayment of money not other-
wise provided for, or for the transfer
or re-transfer of stock, or accom-
panying the deposit of Title Deeds
to any immovable property .........

Bond

16. Broker's Note, or any
cument having reference to the sale
or purchase of any inerehandise,
given by any Broker

17. Charter Party, or any
agreement or contract for the char-
ter or hiring of aily sea-goillg ship
or vessel, to be charged on the
estimated freight


18. [rep., G.N. 259 of 1912.]

19. Collateral Security ...

20. C.ontract ..........

21 Conveyance, or Assign- 1
Ment on sale, to be levied on the
amount or value of the consideration
money, such consideration money
to include any suin payable by the
purchaser in respect of any mort-
gage or other debt remaining upon
the property purchased or released
by such purchaser to the vendor
(see also article 25)

see Mortgage, 38.


see also Articles 6.. 29, 31, 46.

10 cents for every qzloo
thereof.

see Mortgage, 38.

see Agreenient,4

50 Celits for every $100 or part
thereof.

Where the consideration, or ally part of the consideration,
for a conveyance oil sale consists of any stock or marketable
security, the convevance is to be charged with ad valoren? duty
in respet of the value of the stock or security.
Where it consists of any securit ' v not being a marketable
security, the conveyance is to be charged with ad valorevi, duty
in respect of the amount due oil the day of the date thereof for
principaLand interest upon the security.
The expression - marketable security - ineans a security of
such a description as is capable of Geing sold in the stock






market in Hongkong.

Exemptioris-Transfer by mere endorsoinent of a duly stamped
bill of exchange, promissor-y note or other negotiable instrument,
or of a, bill of lading.

As amended by No. 44 of 1909 and No. 8 of 1912.





Instruments for the sale, transfer, or other disposition either
absolutely or by way of mortgage, or otherwise of any ship, vessel,
junk, or boat, or any part, interest, share or property of or in any
ship, vessel, junk or boat.

02. Co-partnership, Deed or
other instrument of ...................

23. Declaration

24. Declaration of Trust ...

25. Deed, or other instrument
of Gift, assignment, or
where no money consicleratlion,
merely nominal money considera-
tion passes ..............................

Deed, or other instrumen of as-
signment by a Trustee to the cestui
que trust, where no money consi-
deration or a mereiv nominal money
consideration passes ..................

Deed of assignment where no
money consideration or a merely
nominal money considenition passes
in cases where such (Iced of assilan-
ment is merely confirmatory of .in
assignment on which the full con-
veyance duty has been paid .........

The Collector shall, unless the
two deeds referred to in the last
paragraph are comprised in one
and the same document, denote by
an entry under his hand made
upon the deed stamped with the
$20 duty, that the full conveyance
duty (if more than $20) has been
paid upon the other.

26. Deposit of Title Deeds ......

27. Duplicate or Counter-
part of any document chargeable
with duty under this schedule, to
be affixed on the production of'the
original document bearing its Fro-
per stainp, and not otherwise. If
the original duty is-

As atriended by No. 34 of 1911.
As amended by No. 1 of 1912.

$15.

see 2.

$10.

S 20.

$20.







see Mortgage, 38.






under $ 1,
$ 1, and not excee $10
over $10, and not exceeding $20, $2.
and over $20 .......1 $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, or by some
stamp impressed thereon, that the full and proper duty has
been paid upon the original instrument of which it is a
duplicate or counterpart, or unless it is stamped as an
original instrument.

28. Equitable Charge . ........

29. Foreign Attachment)
Bond, in the Supreme Court
in either Jurisdiction :

30. Guarantee, .

31. EveryInstrument in
writing under Seal, and other
wise speciallY charged with dirty
under this schedule ...................



Note.-The impressions of Chi-
nese names, shop names, or tradin
names, commonly called chops, slial
not be taken to be seals within th
meaning of this article.

32. Lease or Agreement for a)
Lease, made for a term of yeirs or
for a period determinable with e
or more life or lives or otherivise
contingent, in consideration of a c
sum of money paid in the way of
premium, fine, or the like, if with-
out rent ...........

33. Lease, executed in pursu-
ance of a (July stamped agreement
for the same ...........................

34. Lease or Agreement for a
Lease of any land, horise, build-
ing or tenement, 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-
c

see Mortgage, 38.

$1 for every $ 100 or part thereof.

see Agreement, 4.







$10.

30 cents for every $100 or part
thereof.

$3.

* As amencltd by No. 22 of 1912 and No. 43 of 1912 Supp. Sched.
f As amended by No. 34 of 1911.





1 year.
3 year
30 years ............
exceeding 30 years

Lease, sunender of . ..............
1

10 cents
2.5
50
7 5

(for every $100 or
part thereof.

The same amount of dutv its is
Inlyable 011 the lease itseli.
Note-When rent is paid and there is a fine or premium, the duty is
to be the total of that due under both articles 32 and 34.

Exemption-All rentals under $50 per annum.

35. Lettpr -or other instrument
of Hypotbecation accompany-
ing deposit of document of title to
any movable property, or bond, or
otlier instrument of guarantee in
respect oF such property o
ment of title ...

36. Letter or Power o At-]
torney, or other instru lit in
the nature thereof, for the sole
purpose of appointing or authoris-
ing a proxy to vote at any unc.
meeting at which votes may be
given by proxy, whethth
ber of persons named in such in-
strument be one or more

Referring to particular property, $3.

Duplicate, 30 cents.
General, $6.

cents. see abw 42.

37. Letter of Guarantee see Agreement, 4.

38. Mortgage, or Agreement 1
for a Mortgage, bond, deberiture,
covenant, warrant of attorney to
confess and enter up judgment, and
foreign security of any kind not
specially charged with duty under
this schedule, to be levied on the
amount or value of the principal
sum secured







(i) Being the only, or principal,
or primary security, and also where
any further money is added to tile
money already secured . ......

10 cents for every $100 or part
thereof.

* 4s aniended by No. 1 of 1912.





(ii) Being a collateral( or auxi-
liary or additional or substituted
security, other than a mortgage
executed pursuant to auduly stamped
agreement for the same, or by way
of further assurance for the above-
mentioned purpose where tile prin-
cipal or primary security is duly
stamped, and for every estension of
the time of an original mortgage
whether or not endorsed on such
mortgage ............................


(iii) Transfer, assignment, dis-
position or assignation of any
mortgage, bond, debenture, cove-
naut, or foreign security, or of any
money or stock sedlired by any such
instrument, or by any warrant of
attorney to enter up judgment, or
by any judgment ; to he levied on
the amotint transferred ........

(is,) Re-assignment, release, dis-
charge, surrender, re-surrender,
warrant to vacate, or renunciation
of any such security as aforesaid,
or of the benefit thereof, or of the
money thereby secured. Where
the payment of interest in respect
of tile money secured is mentioned
in any re-assignment or other do-
cument specified in this sub-
section, no duty shall be payable
in respect of such interest ............

(v) Mortgage executed in pur-
suatice of a duly staniped agree-
ment for the same .....................

39. Any Notarial Act what-
soever not otherwise charged with
duty in this schedule .........

40. Note of Protest, any
commander or tinaster of a vessel
or with regard to any promissory
note or bill of exchange ..............

cents for every $100 or part
thereof.

cents for every $100, or part
thereof.

1cent for every $100 or part
thereof.

75 cents.







41. Policy or Risk Note
(Insurance), for each copy, and
every. renewal . ...........................

42. Power Of Attorney, or)
Revocation of Power of At-
torney .................................

a)Life insurance
(Includingin- 25 cents for
every
terim receipt)$1,000 or
partthereof
insured.

(b.) Marine bull
risks, for tirne...

ment.

(c.) 11 Floating 1 where the
Policies ', for amount
each endorse- insured does
not exceed
Z-, 1,000,- 1
cents.
(d.) All other in- where it
surance (fire, exceeds
marine or other- $1,000,-25
wise) ...j cents.

.3A. see also 36.

will annexed, to be calculated upon the value at the date of the
death of the deceased of the estate and effects passing. on death
for or in respect of which such Probate or Letters of Adminis-
tration shall be granted, exclusive of what the deceased shall
have been possessed of or entitled to as a trustee for any person
or persons and not beneficially:-

Where the valve of the
estate and effects-

is above $
$ 1,000
$ 1,0,000
$ 10M00
$ 250,000

$ 750,000
$1,000,000
$1,500,000
$2,500,000 ......

Rate for every $100 and for
.fractional part of $100 ov
any multiple of $100.
250 but not above S.....1M0 $1
$ 10,000 ....$2
$ 100,000 . .
$ 250,000 ...$5
$ 500,000 ...$5.50






$ 750,000 ...$6
$1,0^000 ....$6.50
$1,500,000 ..~$7
$2,500,000 ..$7.50
....... $8

1 1

EXMPTION-Where the value of the estate and effeets
does not exceed $250,

As amended by No. 34 of 1911, No. 55 of 1911 and No. 43 of 1912
Supp. Sched.
+ As amended by No. 19 of 1909, No. 34 of 1911, No. 1 of 1912 and
No. 9 of 1912---





NOTES.-1. Simple interest at the rate of 8 per cent. per
annum shall be payable upon all sums recoverable under article
43 should the same not be paid within 6 months after the date of
the death of the deceased.

2. The Collector may renit such interest where the amount
appears to him to be so small as not to repay the expense
and trouble of calculation and account.

41. Re-assignment .....

45 Receipts or Discharge
given for the payment of money,
or in acquittal of a debt poid in
money or otherwise, when the surn
received, discharged, or acquitted
exceeds....$10.......... .................

see Mortgage, 38.

5 cents.

EXEAIPTION-1,etter acknowledging the arrival of a
currency or promissory note, bill of excliallae, or any
secuitry for money, receipt or debit note, for the premium
on a duly stamped policy of insurance.

Receipts for pay and allowances of persons in the service
of the Imperial or Colonial Government whether civil, naval,
or military.

46. Servants' Securityl
Bond. Any instrument in writing
tinder seal by which any domestic
or other servant or clerk or com-
pradore shall give security for the
4lue 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, con-
ducted by him, or for the discharge
of his responsibilites arising from
such business, wehther such security
shall he given by the binding of
other persons, or by the deposit of
money or valuable property or 1)y
deposit of the title deeds to any
property or by any assignment ....

the same duty as a -Mortgage,
see artcle 38 (i) and (ii).

0
As amended by No. 19 of 1909.





47. Settlement. Ally instru- 1
ment, whether voluntary or upon
any good or valuable consideration,
other than a bona fide pecuniary
consideration, whereby any definite
and certain principal slim of rnoney
(whether charged or chargeable on
lands or not, or to be laid. out any the
purchase of lands or not) or ally
definhe and certain amount of stock,
or any security, is settled or agreed
to bp, settled any any manni
ever ..............

30 Cents for every $100 or part
thereof of the amount or value
of the property settled or
agreed to bc settled.


Exeniptioii.-Instrument of appointment relating to
any property in favour of persons specially nanted or
described as the objects of a power of appointment creat-
ed by a previous settlement stwinped with, ad valorern
duty in respect of the same property, or by will, where
probate duty, has been paid in res ' Dect of the saine pro-
perty as personal estate of the festalor.

48. Settlement executed in
pursuance of a duly stamped agree-
ment for the same .....................

48a. Share warrants to
bearer ....................................

49. Statutory Declaration

50. Surrender of a Lease

51. Transfer of Shares or
stock in any public company, to bp,
cimputed on the market value of
such shares oil the day of stamping,
which, if doubt arises, the Collector
shall decide, subject to section 10 of
this Ordinance . ..J

Transfer for a nominal ammount
to be approved by the Collec

30 cents for every $ l00 or part
thereof.

see 2.

the saine aniount of duty as is pay-
able on the lease itself.

10 ceuts for every $100 'or part
thereof.

. 1

GENERAL EXEIMPTIOXS.
Any document made or executed by or on behalf of His Majesty or of
any Department of His Majesty's service, or whereby any 'property or

interest is transferred to or any contract of any kind whatsoever is viade
with His Majesty or any person for or on behalf of His Majesty or any
such Department as aforesaid.

As amended by No. 34 of 1911, No. 2 of 1912 and No. 8 of 1912.
But this exemption does not extend to any document executed by the
Registrar of the Supreme Court as office Administrator or by a re-
ceiver appointed 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 any arrear of revenue or rent, or in
satisfaction of a decree or order of Court, in any of which cases the
purchaser shall be required to pay the ampant of the requistite stamp in
addition to the purchase money.

SECOND SCITED-ULE. P_ 8.

penalty, at any ffine within seven dayq from the
Sale Execution.
All the Documents which are included in Articles 4, 5, 7, 8, 10, 1,5,
19, 20, 21, 22, 24, 25, 26, 28, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 42,
44, 46, 47, 48, 48a, and 50 of the 1st seliediile, with the following- excep-
tion, namely, Leases or Agreement. for leanses for a period of one, ,-ear
or under.
Short title. Interpretation of terms. Stamp Offices. Appointment of Officers. Stamp duties payable on documents. Making o rules. Documents executed out of the Colony. Provisions as to stamping of documents after execution. Adjudication by Collector as to duty payable. Appeal from Collector's decision. Non-admissibility in evidence of unstamped document. Impounding of unstamped document. How instruments are to be written and stamped.[54 & 55 Vict.c.39 s.3.] Instruments to be separately charged with duty in certain cases.[ib.s.4.] Mode of calculating ad valorem duty in certain cases.[ib.s.6.] Denoting stamps.[54 & 55 Vict.c. 39 s.11.] General direction as to the cancellation of adhesive stamps.[ib.s.8.] Provisions as to documents appointing proxies. Incidence of cost of certain stamps. Responsibility for loss of or damage to document. Liability of donationes mortis caused and certain other gifts and disposition of property to probate duty.[44 & 45 Vict.c.12 s.33(2).] Deduction of debts for purposes of probate duty. Increased duty when delay in taking out probate. No.2 of 1897. Duty payable on undisclosed property. Refunding of probate duty on certain grounds. Penalties for default in taking out probate for administration. [cf.No.6 of 1875.] [cf.No.2 of 1897,ss.62,et seq.] Penalty for not stamping document,etc. Penalty for fraudulent act. Facts and circumstances affecting duty to be set forth in instruments.[54 & 55 Vict.c.39 s.4.] Limitation of time in certain prosecutions. How ad valorem duty to be calculated in respect of stock and securities.

Short title. Interpretation of terms. Stamp Offices. Appointment of Officers. Stamp duties payable on documents. Making o rules. Documents executed out of the Colony. Provisions as to stamping of documents after execution. Adjudication by Collector as to duty payable. Appeal from Collector's decision. Non-admissibility in evidence of unstamped document. Impounding of unstamped document. How instruments are to be written and stamped.[54 & 55 Vict.c.39 s.3.] Instruments to be separately charged with duty in certain cases.[ib.s.4.] Mode of calculating ad valorem duty in certain cases.[ib.s.6.] Denoting stamps.[54 & 55 Vict.c. 39 s.11.] General direction as to the cancellation of adhesive stamps.[ib.s.8.] Provisions as to documents appointing proxies. Incidence of cost of certain stamps. Responsibility for loss of or damage to document. Liability of donationes mortis caused and certain other gifts and disposition of property to probate duty.[44 & 45 Vict.c.12 s.33(2).] Deduction of debts for purposes of probate duty. Increased duty when delay in taking out probate. No.2 of 1897. Duty payable on undisclosed property. Refunding of probate duty on certain grounds. Penalties for default in taking out probate for administration. [cf.No.6 of 1875.] [cf.No.2 of 1897,ss.62,et seq.] Penalty for not stamping document,etc. Penalty for fraudulent act. Facts and circumstances affecting duty to be set forth in instruments.[54 & 55 Vict.c.39 s.4.] Limitation of time in certain prosecutions. How ad valorem duty to be calculated in respect of stock and securities.

https://oelawhk.lib.hku.hk/items/show/921

1912

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