Addition of new 40%.
beblig
(Cap. 10.)
(iii) by deleting the full stop at the end of paragraph (b) and substituting a semicolon, and
(iv) by inserting after paragraph (h) the following new paragraph-
"(i) all guarantees given under section 46 of the Probate and Administration Ordinance shall be wholly exempt from duty.";
(b) by deleting subsection (50%
(c) by deleting subsection (6) and substituting the following-
"(6) Every lease and every sprecment for a lease, other then a Crown lease or an instrument executed by the Urban Council, executed between the Government, or any person acting on behalf of the Government, and any other person, not being a person)la whom section "40A applies, shall be deemed to contain la; provision whereby the party thereto, other than the Government, undertakes to pay in respect of Buch lease or agreement for a lease 50 per cent of the duly payable under head 32 in the Schedule and duty thereon shall be chargeable accordingly.";
(d) by deleting subsection (7) and
11
(e) in subsection (8) by deleting the definition of "exempted person",
3. The principal Ordinance is amended by adding, after section 40, the following new icction—–
“Exçmptlom kd Tesnem ol Seaner and
- mà MON
premises ele
(p. 1990)
40A. (1) Where an exempted person, or a person acting on behalf of an exempled person, is a party tò a lease, an agreement for a lease or a conveyance on sale made in respect of qualifying premises, no duty in respect of such lease, agreement or conveyance shall be payable by the exempted
PCEBON.
(2) Every lease or agreement for a lease made in respect of qualifying premises between an exempted person, or a person acting on behalf of an exempted person, and any other person, other than the Government or the Urban Council or an exempled person shall be deemed to contain a provision whereby the party thereto, olher than the exempted person, undertakes to pay in respect of such lease or agreement for a lease 50 per cent of the duty chargeable under head 32 in the Schedule and duty thereon shall be chargeable accordingly.
(3) Where premises are exempt from taxation because- (a) they are premises described in Article 32(1) or 60 of the Vienna Convention on Consular Relations contained in the First Schedule to the Consular Relations Ordinance; or
(B) Article 32(1) has been extended to those premises by virtue of an order under section 4 or section 12 of the Consular Relations Ordinance.
the Colonial Secretary may certify-
that those premises are qualifying premises for the purposes of this section; and
(ii) that the representative of the State or country ex- ecuting a lease agreement for a lease or conveyance on sale in respect of qualifying premises or on whose behalf such a lease, agreement or convoyanc is executed, is an exempted person for the purposes of this section.
(4) In this section-
"exempted person" means any person in relation to whom the Colonial Secretary has issued a certificate under subsection (K
"Government" means the Government of Hong Kong and
the Government of the United Kingdom; "qualifying premises" means any premises in respect of which the Colonial Secretary has issued a certißcate under subsection (3).”.
Passed by the Hong Kong Legislative Council this 12th day of May, 1976.
untimeer Clerk to the Legislative Council
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
могател
Clerk to the Legislative Council.