1923_ESTATE_DUTY_ORDINANCE__1915 — Page 6

HK Historical Laws 香港歷史法例 All AI Reviewed

2332

Exception to passing of property on

of interest

of settlor.

No. 16 of 1915.

ESTATE DUTY.

benefit to him by contract or otherwise, for a period of three years immediately preceding the death of the deceased.

(3) Where property is settled by a person on himself for life, and after his death on any other person with an ultimate enlargement reversion of an absolute interest or absolute power of disposition to the settlor, the property shall not be deemed 59 & 60 Vict. for the purpose of this Ordinance to pass to the settlor on the death of any such other person after the commencement of this Ordinance, by reason only that the settlor, being then in possession of the property as tenant for life, becomes, in consequence of such death, entitled to dispose of the whole property.

c. 28, s. 14.

Reverter of property to disponer.

59 & 60 Vict. c. 28, s. 15.

Exceptions

for transac-tions for

money con-sideration, property

situate out-side the Colony,

(4) (a) Where by a disposition of any property an interest is conferred on any person other than the disponer for the life of such person or determinable on his death, and such person enters into possession of the interest and thenceforward retains possession thereof to the entire exclusion of the disponer or of any benefit to him by contract or otherwise, and the only benefit which the disponer retains in the said property is subject to such life or determinable interest, and no other interest is created by the said disposition, then, on the death of such person after the commencement of this Ordinance, the property shall not be deemed for the purposes of this Ordinance to pass by reason only of its reverter to the disponer in his lifetime.

(b) Where by a disposition of any property any such interest as above in this sub-section mentioned is conferred on two or more persons, either severally or jointly, or in succession, this sub-section shall apply in like manner as where the interest is conferred on one person.

(c) Provided that paragraphs (a) and (b) shall not apply where such person or persons taking the said life or determinable interest had at any time prior to the disposition been himself or themselves competent to dispose of the said property.

6. Estate duty shall not be payable in respect of-

(1) property passing on the death of the deceased by reason only of a bona fide purchase from the person under whose disposition the property passes nor in respect of the determination of any annuity for lives where such purchase was made or such annuity granted for full consideration in

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2332 Exception to passing of property on of interest of settlor. No. 16 of 1915. ESTATE DUTY. benefit to him by contract or otherwise, for a period of three years immediately preceding the death of the deceased. (3) Where property is settled by a person on himself for life, and after his death on any other person with an ultimate enlargement reversion of an absolute interest or absolute power of disposition to the settlor, the property shall not be deemed 59 & 60 Vict. for the purpose of this Ordinance to pass to the settlor on the death of any such other person after the commencement of this Ordinance, by reason only that the settlor, being then in possession of the property as tenant for life, becomes, in consequence of such death, entitled to dispose of the whole property. c. 28, s. 14. Reverter of property to disponer. 59 & 60 Vict. c. 28, s. 15. Exceptions for transac-tions for money con-sideration, property situate out-side the Colony, (4) (a) Where by a disposition of any property an interest is conferred on any person other than the disponer for the life of such person or determinable on his death, and such person enters into possession of the interest and thenceforward retains possession thereof to the entire exclusion of the disponer or of any benefit to him by contract or otherwise, and the only benefit which the disponer retains in the said property is subject to such life or determinable interest, and no other interest is created by the said disposition, then, on the death of such person after the commencement of this Ordinance, the property shall not be deemed for the purposes of this Ordinance to pass by reason only of its reverter to the disponer in his lifetime. (b) Where by a disposition of any property any such interest as above in this sub-section mentioned is conferred on two or more persons, either severally or jointly, or in succession, this sub-section shall apply in like manner as where the interest is conferred on one person. (c) Provided that paragraphs (a) and (b) shall not apply where such person or persons taking the said life or determinable interest had at any time prior to the disposition been himself or themselves competent to dispose of the said property. 6. Estate duty shall not be payable in respect of- (1) property passing on the death of the deceased by reason only of a bona fide purchase from the person under whose disposition the property passes nor in respect of the determination of any annuity for lives where such purchase was made or such annuity granted for full consideration in
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2332 Exception to passing of property on of interest of settlor. No. 16 of 1915. ESTATE DUTY. benefit to him by contract or otherwise, for a period of three years immediately preceding the death of the deceased. (3) Where property is settled by a person on himself for life, and after his death on any other person with an ultimate enlargement reversion of an absolute interest or absolute power of disposition to the settlor, the property shall not be deemed 59 & 60 Vict. for the purpose of this Ordinance to pass to the settlor on the death of any such other person after the commencement of this Ordinance, by reason only that the settlor, being then in possession of the property as tenant for life, becomes, in consequence of such death, entitled to dispose of the whole property. c. 28, s. 14. Reverter of property to disponer. 59 & 60 Viet. c. 28, s. 15. Exceptions for transac- tions for money con- sideration, property situate out- side the Colony, (4) (a) Where by a disposition of any property an interest is conferred on any person other than the disponer for the life of such person or determinable on his death, and such person enters into possession of the interest and thenceforward retains possession thereof to the entire exclusion of the disponer or of any benefit to him by contract or otherwise, and the only benefit which the disponer retains in the said property is subject to such life or determinable interest, and no other interest is created by the said disposition, then, on the death of such person after the commencement of this Ordinance, the property shall not be deemed for the purposes of this Ordinance to pass by reason only of its reverter to the disponer in his lifetime. (b) Where by a disposition of any property any such interest as above in this sub-section mentioned is conferred on two or more persons, either severally or jointly, or in succession, this sub-section shall apply in like manner as where the interest is conferred on one person. (c) Provided that paragraphs (a) and (b) shall not apply where such person or persons taking the said life or determinable interest had at any time prior to the disposition been himself or themselves competent to dispose of the said property. 6. Estate duty shall not be payable in respect of- (1) property passing on the death of the deceased by reason only of a bona fide purchase from the person under whose disposition the property passes nor in respect of the determination of any annuity for lives where such purchase was made or such annuity granted for full consideration in
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2332

Exception to passing of property on

of interest

of settlor.

No. 16 of 1915.

ESTATE DUTY.

benefit to him by contract or otherwise, for a period of three years immediately preceding the death of the deceased.

(3) Where property is settled by a person on himself for life, and after his death on any other person with an ultimate enlargement reversion of an absolute interest or absolute power of disposition to the settlor, the property shall not be deemed 59 & 60 Vict. for the purpose of this Ordinance to pass to the settlor on the death of any such other person after the commencement of this Ordinance, by reason only that the settlor, being then in possession of the property as tenant for life, becomes, in consequence of such death, entitled to dispose of the whole property.

c. 28, s. 14.

Reverter of property to disponer.

59 & 60 Viet. c. 28, s. 15.

Exceptions

for transac- tions for

money con- sideration, property

situate out-

side the Colony,

(4) (a) Where by a disposition of any property an interest is conferred on any person other than the disponer for the life of such person or determinable on his death, and such person enters into possession of the interest and thenceforward retains possession thereof to the entire exclusion of the disponer or of any benefit to him by contract or otherwise, and the only benefit which the disponer retains in the said property is subject to such life or determinable interest, and no other interest is created by the said disposition, then, on the death of such person after the commencement of this Ordinance, the property shall not be deemed for the purposes of this Ordinance to pass by reason only of its reverter to the disponer in his lifetime.

(b) Where by a disposition of any property any such interest as above in this sub-section mentioned is conferred on two or more persons, either severally or jointly, or in succession, this sub-section shall apply in like manner as where the interest is conferred on one person.

(c) Provided that paragraphs (a) and (b) shall not apply where such person or persons taking the said life or determinable interest had at any time prior to the disposition been himself or themselves competent to dispose of the said property.

6. Estate duty shall not be payable in respect of-

(1) property passing on the death of the deceased by reason only of a bona fide purchase from the person under whose disposition the property passes nor in respect of the determination of any annuity for lives where such purchase was made or such annuity granted for full consideration in

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