4
under such contract or agreement to transfer to or vest in the purchaser, or to or in another person by the direction or on behalf of the purchaser, the property comprised in the new conveyance. (10) The expression ad valorem duty" in section 31A of this Ordinance shall be deemed to include the excess duty berein- before imposed.
(11) Notwithstanding anything contained in section 14 of this Ordinance, the Collec- tor may be required to express his opinion under that section on any conveyance ob sale or exchange to which this section ap- plies and no such conveyance shall be deemed to be duly stamped unless the Collector has expressed his opinion there- on in accordance with that section.
(12) Save as herein expressly provided the provisions of this Ordinance and of any regulation made hereunder shall apply to the excess stamp duty hereinbefore im- posed but such duty shall not be deemerl to be payable on any instrument solely by reason of any provision in the said Ordinance other than this section or in the Schedule thereto that it shall be chargeable with the like duty as a con- veyance on sale.
(13)(a) In any case in which between the date, on which under this section the value previously attributable to the property comprised in any conveyance subject to oxcess duty requires to be as- certained for the purpose of assessing excess duty, and the date of execution of such conveyance, such property has been improved by any improvement which shall be declared by regulation made by the Governor in Council to be an improve- ment to which this subsection applies. the value of the property previously at- tributable to the property comprised in any such conveyance shall for the purpose of assessing the excess duty by this see- tion imposed be deemed to be augmented by such a sum as the Collector is satisfied by such evidence as he may in his dis- cretion require was expended in effecting such improvement.
(b) For the purpose of removing doubts it is hereby declared that it shall be lawful for the Governor in Council by regulation to provide that no improvement shall be taken into account unless it is subsisting at the date of the conveyance subjected
to excess duty and to make different pro- vision for improvements effected at dif- ferent dates.
(14) In any case in which between the date, on which under this section the value previously attributable to the property comprised in any conveyance subject to excess duty requires to be ascertained for the purpose of assessing excess duty, and the date of execution of such conveyance, buildings on the property sold have been demolished or damaged the value pre- viously attributable to the property com- prised in such conveyance shall for the purpose of assessing excess duty be deem- ed to be diminished by a sum equivalent to such proportion of the cost of restoring the property to the state in which it was at the date determining the previously attributable value thereof as the Governor in Council may by regulation from time to time specify.
3. This Ordinance shall be deemed to have had effect Sa
ns from the 30th September, 1945.
Pussed the Legislative Council of Hong Kong, this 17th
day of October, 1046.
Nafas
Deputy Clerk of Councils,
ment.