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THE HONGKONG GOVERNMENT GAZETTE, 7TH DECEMBER, 1895.

A BILL

ENTITLED

An Ordinance to further amend "The Stamp

BE

Ordinance, 1886.”

E it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance shall be read and construed as one with The Stamp Ordinance, 1886, (as amended by Ordi- nance No. 13 of 1894) hereinafter referred to as the principal Ordinance.

2. Sections 8 and 10 of the principal Ordinance are hereby repealed.

3. The following section shall be substituted in lieu of section 8 of the principal Ordinance :-

All documents whatever executed out of the Colony shall, before being used, brought into force or re- gistered within the Colony, be stamped according to the rate of duty to which they would have been liable had they been executed in the Colony,

4. The following section shall be substituted in lieu of section 10 of the principal Ordinance :-

Any Civil Court may direct the Collector to stamp and receive the duty and penalty, if any, upon any document which may be stamped after execution under this Ordinance. Such duty and penalty shall be paid into Court, and shall be remitted to the Collector with the document to be stamped after the document has been admitted in evidence.

The Collector of Stamp Duty may stamp documents after execution in cases where he shall be satisfied that the omission or neglect to stamp or to stamp sufficiently did not arise from any intention to evade payment of stamp duty or otherwise to defraud, subject to the following rules:----

(1) Transfers of shares shall not be stamped until the numbers of the shares and the consider- ation money are entered, nor shall they, if excented within the Colony, be stamped after execution.

(ii) Bills of Exchange and Promissory Notes ex- ecuted in the Colony shall not be stamped after execution.

(iii) Documents executed out of the Colony shall be stamped in accordance with the provi- sions of section 3 of this Ordinance.

(iv) The documents mentioned in the schedule to this Ordinance may be stamped without payment of penalty at any time within seven days from the date of execution.

(v) Subject to the preceding rules, all documents which may be stamped after execution may be so stamped on payment of a penalty, as follows:- ***

(a) If within one month of execution, double the amount of deficient duty.

(b) If within two months, four times

the amount of deficient duty.

(c) If after two months, ten times

the amount of deficient duty.

PROVIDED ALWAYS that the Collector may remit the whole or any porsion of the penalty prescribed by this sub-section if he is satisfied that the omission or neglect to stamp arose solely from urgent necessity or unavoidable accident, or that the special circumstances of the case otherwise justify his doing so. He may require sworn or other evidence as to the circumstances at his discretion.

Title.

Construction,

Repeal.

Section suba- tituted for s. 8 of 16 of 94.

Execution out of the Colony.

Section be thared for a. 10 of 16 of 6.

Powers of Vourt.

Powers of Collector.

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