Hong Kong Ordinances

BETTING DUTY ORDINANCE - SECT 6GI

Provisional payments

(1) A horse race betting conductor shall, within 15 days after each
reporting day in a charging period—

   (a)  make—

        (i)    a race provisional payment for the horse race betting duty
               charged under section 6GD(1) or (2)(b)(iii), calculated by
               using the mathematical formula set out in subsection (2)(a);
               and

        (ii)   a race provisional payment for the horse race betting duty
               charged under section 6GD(2)(b)(i), and that charged under
               section  6GD (2)(b)(ii), calculated by using the mathematical
               formula set out in subsection (2)(b),
to the Collector; and

   (b)  in making such a payment, submit to the Collector a calculation sheet,
        in the specified form, showing how the amount being paid has been
        arrived at.

(2) The mathematical formulae are—

   (a)  G – U; and

   (b)  H – V where— G represents the amount of horse race betting duty
        charged under section 6GD(1) or (2)(b)(iii) that the
        horse race betting conductor would be liable to pay for that
        charging period if the reporting day were the last day of that
        charging period; H represents the amount of horse race betting duty
        charged under section 6GD(2)(b)(i), and that charged under
        section 6GD(2)(b)(ii), that the horse race betting conductor would be
        liable to pay for that charging  period if the reporting day were the
        last day of that charging period; U represents the total amount of
        race provisional payments referred to in subsection (1)(a)(i) that,
        immediately before the reporting day, the horse race betting conductor
        has made, or was already liable to make, for that charging period; V
        represents the total amount of race provisional payments referred to
        in subsection (1)(a)(ii) that, immediately before the reporting day,
        the horse race betting conductor has made, or was already liable to
        make, for that charging period.

(3) The first horse race betting conductor shall also—

   (a)  within 15 days after the last day of a wholly relevant charging 
        period—

        (i)    submit to the Collector a calculation sheet, in the specified 
               form, showing— (A) whether a further provisional payment,
               calculated by using the mathematical formula set out in
               subsection (4)(a), is payable; and (B) if such a payment is
               payable, how the amount payable has been arrived at; and

        (ii)   if such a payment is payable, make the payment to the
               Collector; and

   (b)  within 15 days after the last day of a partially relevant 
        charging period—

        (i)    submit to the Collector a calculation sheet, in the specified 
               form, showing— (A) whether a further provisional payment,
               calculated by using the mathematical formula set out in
               subsection (4)(b), is payable; and (B) if such a payment is
               payable, how the amount payable has been arrived at; and

        (ii)   if such a payment is payable, make the payment to the
               Collector.

(4) The mathematical formulae are—

number of relevant days in that charging period

   (a)  $8000000000 × ——————————— – W; and 365

number of relevant days in that charging period

   (b)  $8000000000 × ——————————— – relevant portion
        of W 365 where— W represents the total amount of race
        provisional payments referred to in subsection (1)(a)(i) that the
        horse race betting conductor has made, or is already liable to make,
        for that charging period.

(5) The Collector shall apply all provisional payments made by a
horse race betting conductor for a charging period towards settlement of the
horse race betting duty that is payable by the conductor for that
charging period.

(6) A horse race betting conductor that, without reasonable excuse,
contravenes this section commits an offence and is liable to a fine at level
3.

(7) In this section—

"relevant portion" (有關份額) means, in relation to the total amount of
race provisional payments for a partially relevant charging period, such
portion of that amount that bears the same ratio to that amount as the number
of relevant days in that charging period bears to the number of days
(excluding 29 February) in that charging period;

"reporting day" (申報日) means any day on which the horse race betting 
conductor becomes—

   (a)  entitled to forfeit a bet on a horse race on which the conductor may
        conduct authorized betting; or

   (b)  liable to pay a dividend on the bet. (Division 2A added 17 of 2006 s.
        15)

"relevant portion" (有關份額)

"reporting day" (申報日)