436
THE HONGKONG GOVERNMENT GAZETTE, 22ND MAY, 1886.
Penalties for non-stamping,
Penalties for frauds.
Execution out of Colony.
Unstamped documents not received in evidence.
Powers of Court.
Powers of Collector.
Penalties.
6. Every person who commits any of the following offences shall, on summary conviction thereof before a Magistrate, be liable to a penalty not exceeding one hundred dollars, that is to say :
1. Drawing, accepting, issuing, endorsing, negotiating, paying, or receiving payment of any bill of exchange, promissory note, or other similar instrument, or making, executing, or signing (except as hereinafter provided) any document enumerated in the Schedule on unstamped or insufficiently stamped material,
2. Delivery out of his hands, custody, or power of any document upon which an adhesive stamp has been affixed under this Ordinance without cancelling the said stamp so that it cannot be used again.
3. Any breach of this Ordinance not specially provided for.
7. Every person who commits any of the following offences shall, on summary conviction thereof before a Magistrate, be liable to a penalty not exceeding five hundred dollars, that is to say :-
1. Drawing any bill of exchange purporting to be drawn in a set of two or more without drawing on duly stamped material the whole number of bills constituting such set.
2. Knowingly and wilfully executing any document charged under the Schedule with ad valorem duty, in which the consideration money or amount involved is not truly expressed and set forth, with intent to avoid full payment of Stamp duty, or knowingly and wilfully inserting or setting forth or procuring to be inserted or set forth in such document a less amount than the full and true consideration money or amount involved.
Execution out of the Colony.
8. All documents whatever executed out of the Colony shall, when brought into force or registered within the Colony, be liable to the same rates of Stamp duty as if they had been executed within the Colony.
Reception in evidence,
9. Except as otherwise provided by this Ordinance, no document liable to Stamp Duty under this Ordinance shall be received as creating, transferring, or extinguishing any right or obligation, or as evidence in any civil proceeding in any Court of Justice in the Colony, or shall be acted upon, registered, or authenticated in any such Court or Public or other Office or by any Public Officer unless such document be stamped according to this Ordinance or in accordance with the law in force in the Colony at the time it was executed.
Stamping after execution.
10. 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 to 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 consideration money are entered, when they may be stamped before execution subject to the provisions of Article 35 of the Schedule,
2. Documents executed out of the Colony shall be stamped when they are received in the Colony, if they have not been previously stamped according to this Ordinance.
3. Bills of exchange and promissory notes executed in the Colony shall not be stamped after execution.
4. In all other cases of stamping after execution there shall be charged as a penalty, if within one month of execution double, if within two months ten times, if after two months twenty times the deficient duty.
436
THE HONGKONG GOVERNMENT GAZETTE, 22ND MAY, 1886.
Penalties for non-stamping,
Penalties for
frauds.
·
Execution out of Colony.
Unstamped documents not received in evidence.
Powers of Court.
Powers of Collector.
Penalties.
6. Every person who commits any of the following offences shall, on summary conviction thereof before a Magistrate, be liable to a penalty not exceeding one hundred dollars, that is to say :---
1. Drawing, accepting, issuing, endorsing, negociating, paying, or receiving payment of any bill of ex- change, promissory note, or other similar instru- ment, or making, executing, or signing (except as hereinafter provided) any document enumerated in the Schedule on unstamped or insufficiently stamped material,
2. Delivery out of his hands, custody, or power of any document upon which an adhesive stamp has been affixed under this Ordinance without cancelling the said stamp so that it cannot be used again. 3. Any breach of this Ordinance not specially provided
for.
7. Every person who commits any of the following offences shall, on summary conviction thereof before a Magistrate, be liable to a penalty not exceeding five hundred dollars, that is to say :-
1. Drawing any bill of exchange purporting to be drawn in a set of two or more without drawing on duly stamped material the whole number of bills constituting such set.
2. Knowingly and wilfully executing any document charged under the Schedule with ad valorem duty, in which the consideration money or amount in- volved is not truly expressed and set forth, with intent to avoid full payment of Stamp duty, or knowingly and wilfully inserting or setting forth or procuring to be inserted or set forth in such document a less amount than the full and true consideration money or amount involved.
Execution out of the Colony.
8. All documents whatever executed out of the Colony shall, when brought into force or registered within the Colony, be liable to the same rates of Stamp duty as if they had been executed within the Colony.
Reception in evidence,
9. Except as otherwise provided by this Ordinance, no document liable to. Stamp Duty under this Ordinance shall be received as creating, transferring, or extinguishing any right or obligation, or as evidence in any civil proceeding in any Court of Justice in the Colony, or shall be acted upon, registered, or authenticated in any such Court or Public or other Office or by any Public Officer unless such document be stamped according to this Ordinance or in accordance with the law in force in the Colony at the time it was executed.
Stamping after execution.
10. 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 omis- sion or neglect to stamp or to stamp sufficiently did not arise from any intention to evade payment to 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 consideration money are entered, when they may be stamped before execution subject to the provisions of Article 35 of the Schedule,
2. Documents executed out of the Colony shall be stamped when they are received in the Colony, if they have not been previously stamped according to this Ordinance.
3. Bills of exchange and promissory notes executed in
the Colony shall not be stamped after execution. 4. In all other cases of stamping after execution there shall be charged as a penalty, if within one month of execution double, if within two months ten times, if after two months twenty times the deficient duty.
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