1959-HKRS29-8-26_Part01 — Page 26

Provision

for a TC- print at the principal Ordinance as amended and of this section.

(Cap. 1).

Amendment

48

13. (1) The Government Priater shall, if directed by the Governor; cause to be prepared and published a reprint of the principal Ordinance incorporating therein all additions, omissions, substitutions and amend.. ments effected by this Ordinance.

(2) The Government Printer shall, if so directed, print this section: as part of such reprint and as an appendix thereto.

(3) For avoidance of doubt, any reprint published as aforesaid shall not be deemed to affect the continued application of the principal Ordinance, unamended by this Ordinance, to the estate of any person dying before the commencement of this Ordinance.

(4) The publication of such reprint and appendix shall be notified! by the Colonial Secretary in the Gazette and, with effect from the date of such notification, such reprint and appendix shall be deemed authentic copies of the principal Ordinance as amended and of this section and shall be judicially noticed as such, and further shall be deemed to be official copies for the purposes of subsection (3) of: section 7 of the Interpretation Ordinance.

(5) If any inconsistency is shown to exist between a provision of any enactment authorized to be published in such reprint and appendix and that provision as published in such reprint and appendix, the provision as enacted shall prevail.

14. Section 9 of the principal Ordinance is amended by the inser- of section 9. tion after subsection (7) of the following new subsection-

Amendrocol

of section

15

“(7A) A rateable part of the estate duty on an estate in proportion to the value of any leasehold property held solely by the deceased may at the option of the person delivering the account be paid by eight equal yearly instalments, or sixteen half-yearly instalments, with interest at the rate of eight per cent per annum from the date at which the first instalment is duc, and the first instalment shall be due at the expiration of six months from the death, and the interest on the unpaid portion of the duty shall be added to each instalment and paid accordingly; but the duty for the time being unpaid, with such interest to the date of payment may be paid at any time, and in case the property is sold shall be paid on completion of the sale, and if not so paid shall be duty in arrear.".

15. Section 15 of the principal Ordinance is amended by the deletion of subsection (1) and the substitution therefor of the following

*(1) Subject to subsection (14)

(a) a rateable part of the estate duty on an estate, in pro- portion to the value of any properly which does not pass to the executor as such, shall be a first charge on the property in respect of which estate duty is leviable:

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(6) a rateable part of the estate duty on an estate paid by instalments under subsection (7A) of section 9, in propor- tion to the value of any Icasebold property held solely by the deceased, shall be a first charge on the property: Provided that the property shall not be chargeable as against a bona fide purchaser thereof for valuable consideration without notice.

(IA) Notice of any charge on any leasehold property con- stituted by subsection (1) may be given by the Commissioner registering in the Land Office against the property affected thereby e Memorial signed by him specifying the subsection under which the charge is constituted, the name, description, and date of death of the deceased in respect of whose estate the claim to estate duty arises, and particulars of the property charged.

(18) A notice in writing of uny charge under subsection (1) or (1A) may be entered in the Land Office as an instrument affecting land.”.

January, 1959.

Passed the Legislative Council of Hong Kong, this 7th day of

(Secretariat CR10/2524/45)

L. Lon

Deputy Clerk of Councils.