Hong Kong Ordinances

STAMP DUTY ORDINANCE - SECT 25

Stamp duty chargeable in case of certain conveyances

(1) Where immovable property contracted to be sold for one consideration for
the whole is conveyed to the purchaser in separate parts or parcels by
different instruments, the consideration shall be apportioned in such manner
as the parties think fit, so that a distinct consideration for each separate
part or parcel is set forth in the conveyance relating thereto, and such
conveyance shall be chargeable with stamp duty by reference to such distinct
consideration.

(2) Where immovable property contracted to be purchased for one consideration
for the whole by 2 or more persons jointly, or by any person for himself and
others or wholly for others, is conveyed in parts or parcels by separate
instruments to the persons by or for whom the same was purchased for distinct
parts of the consideration, the conveyance of each separate part or parcel
shall be chargeable with stamp duty by reference to the distinct part of the
consideration therein specified.

(3) Where there are several instruments of conveyance for completing the
purchaser's title to immovable property sold, the principal instrument of
conveyance only shall be chargeable with stamp duty and the other instruments
shall not be chargeable with stamp duty.

(4) Where a person having contracted for the purchase of any immovable
property but not having obtained a conveyance thereof contracts to sell the
same to any other person and the property is in consequence conveyed
immediately to the sub-purchaser, the conveyance shall be chargeable with
stamp duty by reference to the consideration moving from the sub-purchaser.

(5) Where a person having contracted for the purchase of any immovable
property but not having obtained a conveyance contracts to sell the whole or
any part or parts thereof to any other person or persons and the property is
in consequence conveyed by the original seller to different persons in parts
or parcels, the conveyance of each part or parcel shall be chargeable with
stamp duty by reference only to the consideration moving from the
sub-purchaser thereof, without regard to the amount or value of the original
consideration.

(6) Where a sub-purchaser takes an actual conveyance of the interest of the
person immediately selling to him, which is chargeable with stamp duty by
reference to the consideration moving from him and is duly stamped
accordingly, any conveyance to be afterwards made to him of the same immovable
property by the original seller shall not be chargeable with stamp duty.

(7) Where upon the exchange of any immovable property for any other immovable
property, or upon the partition of any immovable property, any consideration
is paid or given, or agreed to be paid or given, for equality, the principal
or only instrument whereby the exchange or partition is effected shall,
subject to section 27, be charged with the same stamp duty as a
conveyance on sale for the consideration, and with that stamp duty only; and
where in any such case there are several instruments for completing the title
of either party, the instruments other than the principal instrument shall not
be chargeable with any stamp  duty.