966
Provisions as to stamping of documents after execution.
Second Schedule.
No. 16.] THE ORDINANCES OF HONGKONG :
[A.D. 1907
stamped according to the rate of duty to which they would have been liable if they had been executed in the Colony.
Stamping after Execution.
8.-(1.) 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.
(2.) The Collector may stamp documents after execution in cases where he is 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:
Adjudication as to duty payable.
(a.) transfers of shares shall not be stamped until the numbers of the shares and the consideration money are entered, nor shall they, if executed in the Colony, be stamped after execution;
(b.) bills of exchange and promissory notes executed in the Colony shall not be stamped after execution;
(c.) documents executed out of the Colony shall be stamped in accordance with the provisions of section 7;
(d.) the documents mentioned in the Second Schedule to this Ordinance may be stamped, without payment of penalty, at any time within seven days from the date of execution; and,
(e.) subject to the preceding rules, all documents which may be stamped after execution may be so stamped on payment of penalty, as follows:
(i.) if within one month of execution, double the amount of deficient duty;
(ii.) if within two months, four times the amount of deficient duty; and
(iii.) if after two months, ten times the amount of deficient duty.
Provided always that the Collector may remit the whole or a portion 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.
Proviso.
Adjudication, Reception in Evidence, and Impounding
9.-(1.) Whenever any person is in doubt respecting the amount of stamp duty payable upon any document, he may apply to the Collector for an adjudication on such document, at the same time
966
Provisions as to stamping of documents after execu- ? tion.
Second Schedule.
No. 16.] THE ORDINANCES OF HONGKONG :
[A.D. 19%
stamped according to the rate of duty to which they would have liable if they had been executed in the Colony.
Stamping after Execution.
star
8.-(1.) Any civil court may direct the Collector to stamp and red the duty and penalty, if any, upon any document which may be after execution under this Ordinance. Such duty and penalty sh be paid into Court, and shall be remitted to the Collector with the do ment to be stamped, after the document has been admitted in evidence
(2.) The Collector may stamp documents after execution in cases whe he is satisfied that the omission or neglect to stamp or to stamp suf ciently did not arise from any intention to evade payment of stamp du or otherwise to defraud, subject to the following rules
and. 34/1132
Adjudication as to duty
payable.
V
(a.) transfers of shares shall not be stamped until the numbers
the shares and the consideration money are entered, nor the they, if executed in the Colony, be stamped after execution (b.) bills of exchange and promissory notes executed in the Colon
shall not be stamped after execution;
(c.) documents executed out of the Colony shall be stamped in accor
ance with the provisions of section 7
(d.) the documents mentioned in the Second Schedule to this Ordi nance may be stamped, without payment of penalty, at any tim within seven days from the date of execution; and,
(e.) subject to the preceding rules, all documents which may
stamped after execution may be so stamped on payment of penalty, as follows:
()
if within one month of execution, double the amount ficient duty;
(ii.) if within two months, four times the amount of deficien
duty; and
if after two months, ten times the amount of deficient duly Provided always that the Collector may remit the whole ora portion of the penalty prescribed by this sub-section if he satisfied that the omission or neglect to stamp arose solely from urgent necessity or unavoidable accident or that the spe oumstances of the case otherwise justify his doing so. He ma require sworn or other evidence as to the circumstances, at
discretion. Proviso.
Adjudication, Reception in Evidence, and Impounding
9.-(1.) Whenever any person is in doubt respecting the amount of stamp duty payable upon any document, he may apply Collector for an adjudication on such document, at the same time
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