1985 Ed.] Commodities Trading (Contract Levy) Rules [CAP. 250
COMMODITIES TRADING (CONTRACT LEVY) RULES
HONG
(Cap. 250, section 79A)
CG
C 1
[Subsidiary]
LN 278/88.
EN292/90
KON
[1 November 1985.]
1. These Rules may be cited as the Commodities Trading (Contract Levy) Rules.
Citation.
2. The rate of the contract levy for the purpose of section 79A(1) of the Ordinance shall be 50 cents per leviable transaction.
Rate of contract levy.
3. (1) The Exchange Company shall within 5 working days after the end of each calendar month file with the Commissioner a return in the form prescribed in the Schedule showing the number of leviable transactions registered during that month.
(2) The return filed under paragraph (1) shall distinguish between buy and sell contracts and shall specify the commodity in respect of which each transaction was registered.
Form and timing of returns.
Schedule.
4. (1) Where the Exchange Company fails to make a return to the Commissioner for any month within the period prescribed in rule 3, the contract levy shall be payable on the same number of leviable transactions as that shown on the return for the last month in respect of which a return was made, plus 20 per cent.
Assessment in default of returns.
(2) The Commissioner shall within 2 working days of paragraph (1) coming into operation notify the Exchange Company of the application of paragraph (1) and of the number of leviable transactions on which the contract levy is payable thereunder for the preceding month.
(3) Where the contract levy has been paid for any month on the basis of paragraph (1) and a return is subsequently filed in respect of that month, an adjustment shall be made in the amount of contract levy payable for the month in which the return is filed.
5. (1) The Exchange Company shall within 10 working days after the end of each calendar month pay to the Commissioner the contract levy based on
(a) the rate specified in rule 2; and
(b) the number of leviable transactions shown in the return filed under rule 3 or assessed under rule 4.
(2) Payment of the contract levy shall be made in such manner as may be agreed between the Commissioner and the Exchange Company from time to time.
Manner and timing of payments.
6. (1) The Exchange Company shall before 30 April in each year furnish to the Commissioner audited accounts in support of the returns of leviable transactions made by the Exchange Company to the Commissioner for the 12 months ending on 31 March in that year.
Provision of audited accounts.