HONG KONG LEGISLATIVE COUNCIL · 2 November 1988
香港立法局. ·一九八八年十一月二日
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registration within 42 days will attract a fee of $50. In addition it introduces a scale of fees, ranging from $500 for delivery more than 42 days after but within three months of the annual general meeting to $1,500 for returns filed after six months.
Sir, I move that the debate on this motion be adjourned.
Question on adjournment proposed, put and agreed to.
INLAND REVENUE (AMENDMENT) (NO.2) BILL 1988
THE FINANCIAL SECRETARY moved the Second Reading of: 'A Bill to amend the Inland Revenue Ordinance'.
He said: Sir, I move that the Inland Revenue (Amendment) (No. 2) Bill 1988 be read the Second time.
This Bill seeks to give legislative effect to certain amendments relating to two aspects of the principal Ordinance. The first concerns the Inland Revenue Board of Review. Under the principal Ordinance, various appeals are dealt with by a Board of Review. The Board is an administrative tribunal responsible for dealing with appeals from tax-payers dissatisfied with determinations made by the Commissioner of Inland Revenue. At present there is a substantial backlog in the number of appeal cases awaiting hearing.
Accordingly, it is proposed to increase the number of Deputy Chairmen of the Board of Review from six to 10 and the maximum size of the panel of members from 100 to 150. The increase will enable more sittings to be held so that the Board could carry out its work more expeditiuosly. I am grateful, Sir, to have this opportunity to acknowledge the valuable work carried out by the Board in relation to the administration of the Inland Revenue Ordinance.
The second aspect of the principal Ordinance concerns the collection of profits tax from non-resident persons. The Inland Revenue Ordinance provides that non-residents shall be chargeable to tax either directly or in the name of his agent in Hong Kong. Certain administrative difficulties have arisen following upon a decision of the High Court in which there was a finding against the Commissioner of Inland Revenue in a case where he sought to tax a non-resident person in the name of a Hong Kong company. I need not go into all the details, but essentially the decision against the Commissioner turned on the
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