Hong Kong Ordinances

STAMP DUTY ORDINANCE - SECT 11

Facts and circumstances affecting stamp duty to be set forth

(Past version on 30/06/1997).

(1) All the facts and circumstances affecting the liability of any instrument
to stamp duty, or the amount of the stamp duty chargeable on an instrument,
are to be fully and truly set forth in the instrument.

(2) Any person who with intent to defraud the Government-

   (a)  executes any instrument in which all the said facts and circumstances
        are not fully and truly set forth; or

   (b)  being employed or concerned in or about the preparation of any
        instrument, neglects or omits fully and truly to set forth therein all
        the said facts and circumstances, commits an offence.

(3) The Collector may, before the commencement of criminal proceedings,
compound any offence against subsection (2).

(4) Where any of the facts and circumstances affecting the liability of any
instrument to stamp duty, or the amount of the stamp duty chargeable on an
instrument, are not fully and truly set forth in the instrument in accordance
with subsection (1), the Collector may-

   (a)  refuse to stamp the instrument; or

   (b)  stamp the instrument subject to such conditions as he may think fit.
        (Added 33 of 1998 s. 2)