CO129-531-8 Betting Duty Ordinance- 1931 18-12-1931 - 26-2-1932 — Page 8

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

HONG KONG.

(L.S.

No. 12 of 1930.

I assent.

W. PEEL,

Governor.

17th October, 1930.

An Ordinance to amend the Gambling Ordi-

nance, 1891.

[17th October, 1930.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Gambling Short title. Amendment Ordinance, 1930.

""

2. Section 2 of the Gambling Ordinance, 1891, is Amendment amended by the insertion after the word " contest in of Ordinance paragraph (ƒ) thereof of the words :-

No. 2 of

other than sweepstakes conducted in accord- ance with the provisions of section 18 of this Ordinance,

1891, s. 2.

3. The following new section shall be inserted in the Adds a new Gambling Ordinance, 1891, as section 18 thereof :— section to

Ordinance

Club sweep- stakes on horses and pony races,

18.-(1) Ordinary social or sporting clubs No. 2 of in the Colony may, with the approval in writ- 1891. ing of the Inspector General of Police, conduct sweepstakes on horse or pony races provided that the following conditions are observed :-

(a) Not less than ninety per cent., or in the case of a club organising the race not less than eighty per cent. of the total subscription shall be devoted to prizes for the subscribers.

(b) Except in the case of pari-mutuel or cash-sweep tickets sold by the club organizing the race on the premises of the race course during the meeting at which the race takes place to persons attending such meeting, no tickets shall be sold; but, subject to the provisions of sub-section (2), the chances shall be allocated only to members or subseri- bers of the club conducting the sweep- stakes, who shall sign their names to numbers on lists in the premises of the club to which they belong.

(c) No hawking of chances or advertise- ments of the sweepstakes shall be per- mitted.

(2) Ordinary social or sporting clubs in the Colony may with like approval and subject to the like conditions provide lists of numbers for their members and subscribers as agents for any other approved club or clubs, whether within the Colony or elsewhere.

Passed the Legislative Council of Hong Kong, this 16th day of October, 1930.

E. W. HAMILTON,

Deputy Clerk of Councils.

HONG KONG.

No. 40 OF 1931.

I assent.

W. PEEL,

L.S.

Governor.

18th December, 1931.

An Ordinance to make provision for the tax- ation of bets on authorised totalisators or pari-mutuels and on contributions or sub- scriptions towards authorised cash-sweeps.

[18th December, 1931.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:----

1. This Ordinance may be cited as the Betting Duty Short title. Ordinance, 1931.

2. Ordinary Social or sporting clubs in the Colony Authorisation may, with the permission in writing in each case of the of Club Inspector General of Police, and subject to such condi-

Cash-sweeps tions as he may see fit to impose, conduct cash-sweeps on pony races.

on horse and horse or pony races provided that not less than ninety per cent., or in the case of a club organising the race not less than eighty per cent. of the total contributions or subscriptions, after deduction of the duty shall be devoted to prizes for the subscribers.

or

3. Ordinary race, jockey or hunt clubs which organise Authorisation meetings for horse or pony races in the Colony may, of totalisator with the permission in writing of the Inspector General of Police, and subject to such conditions as he may see betting on

pari-mutuel fit to impose, conduct totalisator or pari-mutuel betting on horse or the race course premises on such races provided that not pony races. less than ninety per cent. of the total bets after deduction of the duty, shall be devoted to prizes for the ticket- holders.

4-(1) In the case of cash-sweeps organised by clubs Allocation of in the Colony the chances shall be allocated by numbered chances in

cash-sweeps.

tickets issued in books with or without counterfoils as the Inspector General of Police may decide. Provided that the Inspector General of Police may permit any club to issue lists of numbers against which the names of the subscribers shall be entered.

(2) In the case of cash-sweeps organised by clubs or other bodies elsewhere, ordinary social, sporting, race, jockey or hunt clubs in the Colony as agents for the organising club or other body and with the permission in writing of the Inspector General of Police may provide lists of numbers, against which their members may sign their names as subscribers for chances, or may issue books of numbered tickets as the Inspector General of Police may decide.

9

10

Restriction

on sale of tickets, hawking of chances and

advertise- ments.

Duty on

totalisator or pari-mutuel bets and on cash-sweeps.

Regulations.

Schedule.

Penalties.

-

2

5.—(1) No tickets, lists, receipts, or other substitutes for tickets recording the numbers of the chances allocated for any ensh-sweep, totalisator or pari-mutuel may be inade, printed, issued, sold or offered for sale, except by or on behalf of a club which has received the permission of the Inspector General of Police under this Ordinance.

(2) No hawking of chances in the streets or public advertisements of easli-sweeps or of totalisator or pari- mutuel betting shall be permitted: Provided that nothing in this sub-section shall prevent the publication of results after the race in question or after any drawing in relation thereto,

6.-(1) On every bet made on any totalisator or pari-mutuel authorised under this Ordinance there shall be charged a duty of three per cent, of the amount paid, contributed or subscribed.

(2) On every cash-sweep ticket sold and on every cash- sweep chance allocated by fist as provided in section 4 there shall be charged a duty of five per cent. of the amount paid, contributed or subscribed.

(3) The secretary, treasurer and every steward and member of the committee of management of the club, as well as the club itself if a corporation, shall be jointly and severally liable for the duty payable.

7-(1) The Governor in Council may make regulations for securing the payment of duty and generally for carry- Ing the provisions of this Ordinance into effect.

(2) Subject to the exercise of the above powers, the regulations contained in the Schedule shall be in force from the commencement of this Ordinance and shali be deemed to have been made under this Ordinance.

8. Any person who, and the secretary, treasurer and every steward or member of the committee of management of any club which, acts in contravention of, or fails to comply with any provision of this Ordinance or of any regulation made or condition imposed thereunder for which no other penalty is provided shall be liable on summary conviction to a fiue not exceeding one thousand dollars,

Kepeals and 9.-(1) Section 2 of the Gambling Ordinance, 1891, as Amendments. #mended by section 2 of the Gumbling Amendineut Ordinance Ordinance, 1930, is amended by the deletion of the words No. 2 of "other than sweepstakes conducted in accordance with the 1891,

provisions of section 18 of this Ordinance and by the substitution therefor of the words :-

Ordinance No. 12 of 1930.

Commence- ment.

"other than totalisators, pari-mutuels and cash- sweeps authorised under the Betting Tax Ordi- nance, 1981, and other than the sweepstakes subscriptions contributed towards the prizes for the owners of winners and placed horses or ponies. in horse and pony races conducted by race, jockey or bunt clubs.”

(2) Section 18 of the Gambling Ordinance, 1891, as enacted by section 3 of the Gambling Amendment Ordinance, 1930 is repealed.

(3) The Gambling Amendment Ordinance, 1980, is repealed,

10. This Ordinance shall come into operation ou the first day of January, 1932.

Passed the Legislative Council of Hong Kong, this 17th day of December, 1931.

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SCHEDULE,

BETTING DUTY REGULATIONS,

[8. 7 (2).]

1. The Provisions (including the penal provisions) of

the Stamp Duties Management Ordinauce. 1911, shall apply to stamps used for denoting Betting dury.

2. The secretary of every club organising a cash-sweep or conducting a totalisator or pari-mutnel, in the Colony, or acting as agent in the Colony for the allocation of chances in a cash-sweep organised outside the Colony, sball draw up for the Collector of Stamp Revenue a statement showing

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(i) the number of tickets sold nail the amounts received in respect of the totalisator or pari- mutuel betting on each race;

(i) the number and value of cash-sweep tickets

sold:

(i) the number and value of cash-sweep chances allocated otherwise than by ticket in respect of each race.

3. In the case of a club acting as ageur as aforesaid, which is permitted to issue lists iustend of tickets, the statement shall be drawn up and delivered to the Collector before the lists of numbers allocated are despatched from the Colony.

4. In the case of cash-sweeps conducted by a club organising the race and in the case of bets on any total- isator or pari-mutuel the statement shall be drawn up and delivered within fifteen days after the day on which the race is bekl.

5. In all other cases the statement shall be drawn up and delivered within three days after the day on which the race is held and before any money is distributed

mong

the contributors or subscribers.

6. The Collector, or any person generally or specially authorised thereto by him in writing, may at all reason- able times require from the secretary of every such club the production at such place as he may direct of any books, accounts, vouchers, lists, counterfoils or other documents relating to any totalisator, pari-mutuel or

sweep.

7. The duty required to be paid under the Betting Duty Ordinance, 1931, shall be deemed a debt and may he recovered in the same manner as Crown rents, assess- ments, fees or forfeitures are recovered under the Crown Remedies Ordinance, 1875, upon certificate purporting to he under the hand of the Colonial Treasurer.

2. Unless by agreement between any club and the Collector for the payment of inty in any other manner, the duty shall be paid by stamps affixed printed, embossed or impressed by the Collector on each ticket or counterfoil and on each list provided for in section 4 of the Betting Duty Ordinance, 1931, before any such ticket or list is issued.

9. The Collector inay prescribe forms for use under these regulations.

R. A. C. NORTH, Deputy Clerk of Councila,

Paco 10Page 11

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