LC Paper No. LS 5/99-00
Legal Service Division Report on
Stamp Duty (Amendment) Bill 1999
Object(s) of the Bill
To amend the Stamp Duty Ordinance (Cap. 117 ) ("the Ordinance") to -
2. FIN CR 6/2306/91 Pt. 14 issued by the Finance Bureau on 29 September 1999.
Date of First Reading
3. 13 October 1999.
Comments
4. Under section 13 of the Ordinance, the Collector of Stamp Duty may, and shall if he is required by any person upon payment of an adjudication fee of $20 to do so, express his opinion with reference to an executed instrument whether it is chargeable with any stamp duty and assess the amount chargeable thereon.
5. Adjudication is usually optional at the election of either the Collector or the taxpayer, but it is mandatory to conduct adjudication on certain types of instruments for revenue protection purposes. These instruments are :
7. In respect of voluntary adjudication, the Bill proposes to increase the fee from $20 to $50 which, according to the LegCo Brief, is calculated on the basis of full cost recovery. The Financial Secretary may by order revise the fee.
8. The Bill further proposes to transfer the regulation-making power from the Chief Executive in Council to the Financial Secretary.
9. The proposals in the Bill have been put forward in the Stamp Duty (Amendment)(No. 2) Bill 1996 in April 1996. The House Committee of the former Legislative Council decided to form a Bills Committee to study another policy proposed in that Bill. However, there was insufficient time for the Bill to be processed and it lapsed after 30 June 1997.
Consultation
10. The proposal has been endorsed by the Public Accounts Committee of the former Legislative Council in its Report No. 24 of July 1995 on the Director of Audit's report on the results of value for money audits. Members may refer to paragraph 6 of the LegCo Brief for more details.
Conclusion
11. The Legal Service Division is seeking clarification from the Administration on certain technical points. A further report will be issued when we receive a reply from the Administration.
Prepared by
Wong Sze-man, Bernice
Assistant Legal Adviser
Legislative Council Secretariat
13 October 1999
Bill/LS/B/4/99-00
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