THE HONGKONG GOVERNMENT GAZETTE, 8TH DECEMBER, 1894. 1051
DRAFT BILL
ENTITLED
An Ordinance to amend "The Stamp Ordinance, 1886."
Be advice and consent of the Legislative Council thereof,
E it enacted by the Governor of Hongkong, with the
as follows:-
1. This Ordinance may be cited as The Stamp Amend- ment Ordinance, 1894, and shall be deemed to be incor- porated with The Stamp Ordinance, 1886, (No. 16 of 1886) hereinafter called the principal Ordinance.
2. (1) From and after the coming into operation of this Ordinance, it shall be lawful for any person applying for probate or letters of administration or for the exemplifica- tion of probate or 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 mortgage debts due and owing from the deceased on the security of lease- hold property situated in the Colony where such property forms part of the estate of the deceased and is the sole security by way of mortgage for such debts and also of the debts due from the deceased to persons resident in the Colony, and in that case, for the purpose of the payment of probate duty the aggregate amount of the debis appear- ing in the schedule shall be deducted from the value of the deceased's estate and effects in the Colony as specified in the 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 and pay- able 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, or payable under any instrument which shall not have been bonâ fide delivered to the donee thereof three months before the death of the deceased.
3. (1) If at any time it shall be discovered that the deceased's personal estate and effects in the Colony were at the time of the grant of probate or letters of administra- tion or of exemplification or of the sealing of any probate or letters of administration aforesaid of greater value than the value mentioned in the sworn petition, or that any deduction for debts was made erroneously, the person act- ing in the administration of such estate aud effects shall, within six months after the discovery, deliver an affidavit with au account to the Collector of Stamp Duties, and shall pay to the Collector the amount of duty which, with the duty (if any) previously paid, shall be sufficient to cover the duty chargeable according to the true value thereof, and shall at the same time pay to the said Col- lector interest upon such amount at the rate of seven per centum per annum from the date of the grant exemplifica- tion or sealing or from such subsequent date as the said Collector may in the circumstances think proper.
(2) Any person who shall wilfully neglect or omit within the said period of six months to render such account shall be personally liable on summary conviction before a Magistrate to a penalty not exceeding $200.
(3) Notwithstanding such neglect or omission and not- withstanding any such conviction, such duty (whatever the amount thereof) may be recovered at the suit of the Colonial Treasurer in the Supreme Court in its Summary Jurisdiction without prejudice to any other remedy.
4. (1) Every letter or power of attorney for the purpose of appointing a proxy to vote at a meeting, hereby charged with the duty of two cents, is to specify the day upon 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 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 stumped, shall be liable on summary conviction before a Magistrate to a penalty not exceeding $200.
Title.
Short title,
Power to deduct debts for the purposes of Probate duty. (44 Vict. o. 12, 8. 28.)
Provision for payment of further duty. (44 Vict. c. 12, *. 32.)
Penalty.
Prozies con- fined to one meeting. (33 & 34 Vict. c. 97, s. 102.)