1961-HKRS28-8-28_Part01 — Page 28

Repeal ond replacement

of section 42

(IB of 1934)}.

(Cap. 13),

(Cap. 6)

(Cap. 32).

securities, shall be exempt from duty in respect of such property:

(c) all instruments which have been duly stamped under the stamp regulations enforced by the Japanese in Hong Kong between the 26th day of November, 1942 and the Ist day of September, 1945, shall be wholly exempt from duty:

(d) all grants and leases made on behalf of the Crown and all surrenders thereof shall be wholly exempt from duty:

(e) all instruments executed by the Housing Authority for the purposes of the Housing Ordinance, 1954, shall be wholly exempt from duty: (f) all instruments exempted by the Governor under subsection (1) of section 55 of the Co-operative Societies Ordinance shall be wholly exempt from duty:

(g) all instruments exempted under section 125 of the Bankruptcy Ordinance shall be wholly exempt from duty:

(A) all instruments exempted under section 105 or 266 of the Companies Ordinance shall be wholly exempt from duty,

(5) For the purpose of this section "Government" shall include the Government of the United Kingdom.".

** Section 42 of the principal Ordinance is repealed and replaced by the following-

"Instruments

affecting

land made

for DeW Crown lease or exchange.

42. (1) Where the Land Officer certifies that any instrument affecting any land held from the Crown bas been executed in compliance with his requirements for the sole purpose of enabling a Crown lease of the land to be granted to the owner thereof and has been replaced by a new instrument affecting the land in the same manner as, and similar as far as possible to, the instrument replaced, and executed immediately upon the granting of the said Crown lease, then such instruments shall be exempt from stamp duty, and the Collector shall, on production to him of the instruments so certified, endorse thereon a certificate to the effect that the instruments are by virtue of this section exempt from stamp duty.

(2) Where the Land Officer certifies that any instru- ment affecting any land held from the Crown has beco executed in compliance with his requirements for the sole purpose of enabling the owner of the land to surrender it

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to the Crown as consideration or part consideration for an exchange and has been replaced by a new instrument affecting the land in the same manner as, and similar as far as possible to, the instrument replaced, and executed immediately upon the granting of the said Crown lease, then such instruments shall be exempt from stamp duty, and the Collector shall, on production to him of the instru- ments so certified, endorse thereon a certificate to the effect that the instruments are by virtue of this section exempt from stamp duty."”.

8. The Schedule to the principal Ordinance is amended- (a) in Head 2—

(Cap. 112)

(Cap. 121).

() by the deletion of the figure and words AFFIDAVIT, AFFIRMATION, DECLARATION AND STATUTORY DECLARATION." and the substitution there- for of the following-

2. AFFIDAVIT, STATUTORY DECLARATION OR DECLARATION IN WRITING ON OATH OR AFFIRMATION MADE BEFORE A PERSON AUTHORIZED BY LAW TO ADMINISTER AN OATH":

(ii) by the addition after paragraph () of the following-

"(g) Affidavit or declaration by a person on accept- ance of an appointment in the service of the Government. (0) Affidavit or declaration required by the Commis- sioner of Inland Revenue for the purposes of the Inland Revenue Ordinance.

(1) Affidavit or declaration required by the Collector of Stamp Revenue for the purposes of this Ordinance or the Stamp Duties Management Ordinance.

() Oath of allegiance required to be made pursuant to the British Nationality Act, 1948.";

(b) in Head F

(i) by the deletion of the full stop at the end of para- graph (c) in the first column and the addition thereto of the following-

"other than a hire-purchase agreement."";

(i) by the deletion of the symbol and figures "$1.00" from paragraph (a) of the second column and the substitution there- for of the following-

"$3":

Amendment

of the Schedule.