1955-HKRS29-8-22_Part02 — Page 42

Addition

of new

(a) In computing the income of any person for the purposes of subsection (1) there shall be excluded the following-

(a) the official emoluments received by the

Governor:

(b) the official emoluments of consuls, vice- consuls and persons employed on the staff of any consulate, who are subjects or citizens of the state which they represent;

(c) any sum received by way of commutation of pension and any sum, other than a pension, withdrawn from a provident fund;

(d) the emoluments payable by the Governments of the Members of the Commonwealth, other than the Government of Hong Kong, to members of IIer Majesty's Forces and to persons in the permanent service of those Governments in the Colony in respect of their offices under those Governments;

(e) wound and disability pensions granted to

members of Her Majesty's Forces;

Her

gratuities granted to members of

Majesty's Forces in respect of services rendered during war;

(g) any income exempted by order of the

Governor in Council under section 87;

*

(k) any pension paid to a person who has left the

Colony permanently."

12. The principal Ordinance is amended by the addition after

section SA. section 8 of the following new section-

"Income deemed to

Arise in and be derived from Hong Kong.

BA. Any sum received by-

(a) a person in respect of an office or employment

of profit, or

(b) a person, other than a person who has left the

Colony permanently, by way of a pension,

7

which is allowable as a deduction under section 16 in computing the profits of the payer for the purposes of Part IV, shall, unless the recipient proves to the satisfaction of the assessor that such payment is else- where chargeable to a tax of substantially the same nature as that charged under section 8, be deemed to be income of the recipient arising in or derived from the Colony,"

13. Section g of the principal Ordinance is amended-

(a) by the deletion of subsection (3) and the substitution

therefor of the following-

"(3) A pension shall include a pension which is voluntary or is capable of being discontinued.";

(b) by the addition after subsection (3) of the following new

subsection-- th

"(4) For the purposes of this Part, any sum arising in or derived from the Colony and accruing to a person annually, which is not-

(a) income as defined in subsection (1) or (3) of

this section;

(b) chargeable to tax under Part II, IV or V;

(e) a dividend from a corporation chargeable to

tax under Part IV;

(4)

return of capital,

shall be deemed to be a pension in the hands of that person."

Amend- ment of section B.

14. Section 10 of the principal Ordinance is repeated and Repeal and replaced by the following section-

"Aggrega- tion of

Incomes of husband and wife.

10. The income of a wife not being a wife living apart from her husband charged to tax under this Part shall, for the purposes of this Part, be deemed to be the income of the husband and shall be chargeable accordingly in his nante:

replace- ment of section 10.