CO129-469 - Governor Sir Stubbs - 1921 [9-12] — Page 104

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duty, and it has been thought advisable to make this point quite

clear by adding a paragraph to section 6 of the Estate Duty Crdi-

nance definitely exempting such successions from estate duty. This

is done by section 3 of the bill. The reference to the "first

clause of section 29" was rendered necessary by the fact that the

last sentence of the section refers to another, and purely minis-

terial, kind of registration.

3.

Grants of probate or administration by the Supreme Court which

included New Territories land were exempted from probate duty, in

so far as the value of the New Territories land was concerned, by

a regulation made on the 1st August, 1905, under the Starp Ordinance,

1901. (Regulations of Pongkong, 1914, page 572). It is very

doubtful whether this exemption now extends to estate duty, and in

any case it seems only reasonable that where recourse is had to the

Hongkong Courts all the duties and fees payable in respect of Hong-

kong property should be payable. Accordingly, the paragraph

added to the principal Ordinance by section 3 of this Ordinance

provides that the exemption from estate duty shall not apply to any

land which forms part of an estate in respect of which the Supreme

Court has granted probate or letters of administration.

4.

Sections2 and 4 of the Ordinance effect emall textual correc-

tions in the principal Ordinance.

5.

In my opinion this is an Ordinance to which His Excellency the

Governor may properly assent in the name of His Majesty and on His

hehalf.

Attorney General.

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