Hong Kong Ordinances

STAMP DUTY ORDINANCE - SECT 49

Allowance for stamps inadvertently used and stamp certificates inadvertently issued

(Past version on 30/06/1997).

(1) Subject to subsections (2) and (3), where-

   (a)  any person has inadvertently used a stamp for, or a stamp  certificate
        has been inadvertently issued in respect of, an instrument chargeable
        with stamp duty, and the stamp duty paid was of greater value than was
        necessary; or

   (b)  any person has inadvertently used a stamp for, or a stamp  certificate
        has been inadvertently issued in respect of, an instrument not
        chargeable with stamp duty, the Collector may, upon application,
        cancel the stamp or the stamp  certificate (as the case may be).

(2) An application under subsection (1) shall be made-

   (a)  within 2 years after the date of the instrument; or

   (b)  if it is not dated, within 2 years after its execution by the person
        by whom it was first or alone executed.

(3) An application under this section in respect of a stamp  certificate
inadvertently issued shall be made by the person who can prove to the
satisfaction of the Collector that the stamp duty to which the
stamp certificate relates was paid by him.

(4) If the Collector-

   (a)  cancels a stamp in respect of an instrument chargeable with
        stamp duty, he may, where the instrument is stamped with a stamp
        denoting payment of the stamp duty chargeable on it, allow as spoiled
        the stamp so used; or

   (b)  cancels a stamp certificate in respect of an instrument chargeable
        with stamp duty, he may issue a new stamp certificate denoting payment
        of the stamp duty chargeable on the instrument and make an allowance
        for the overpayment of stamp duty.

(5) If the Collector-

   (a)  cancels a stamp in respect of an instrument not chargeable with
        stamp duty, he may allow as spoiled the stamp so used; or

   (b)  cancels a stamp certificate in respect of an instrument not chargeable
        with stamp duty, he may allow for the stamp duty paid.

(6) The total allowance made in respect of a stamp or stamp  certificate shall
not exceed the stamp duty paid for stamping the instrument.

(7) Where an allowance for the stamp duty paid has been made in full, the
Collector shall cancel the stamp used for, or the stamp  certificate issued in
respect of, the instrument. (Replaced 21 of 2003 s. 23)