### Stamp Duty Ordinance 《印花稅條例》

29H. Exemptions and relief
(1) This Part and the First Schedule do not apply to an agreement for sale or an unwritten sale agreement—
(a) made in favour of the Government or an incorporated public officer within the meaning of section 38; (Amended 12 of 1999 s. 3)
(b) of exempted premises under which agreement the purchaser is an exempted person, within the meaning of section 38; (Amended 40 of 1992 s. 3)
(c) to which the Hong Kong Housing Authority or a person nominated by the Hong Kong Housing Authority is a party; or
(d) which is made with the consent of the Hong Kong Housing Authority.
(2) Section 43(1) applies to a chargeable agreement for sale in the same manner as it applies to a conveyance on sale.
(3) If a conveyance on sale executed in conformity with a chargeable agreement for sale would not, by virtue of section 45, be chargeable with stamp duty under head 1(1) in the First Schedule— (Amended 14 of 2014 s. 26)
(a) the agreement for sale is not chargeable with stamp duty under head 1(1A), (1B) and (1C) in the First Schedule; and (Amended 14 of 2011 s. 11; 2 of 2014 s. 14)
(b) section 45(3) and (5A) applies to the agreement for sale in the same manner as it applies to a conveyance on sale.

### Stamp Duty Ordinance 《印花稅條例》

30A. Sub-schemes under unit trust schemes
(1) This section applies if the trust instrument of a unit trust scheme (main scheme

31. Duty of trustees and managers to keep records
(1) The trustees of a unit trust scheme shall keep a record showing the number of units under the scheme representing the trust property, and from time to time as soon as any change occurs in the amount of such property they shall enter in the record the alteration in the number consequential on such change.
(2) The managers of a unit trust scheme shall keep a record showing—
(a) the number of units to which they become entitled in consequence of any addition to the trust property and the date on which they become so entitled; and
(b) where any units are extinguished, the number of units extinguished and the date of extinction.

32. Numbering and preservation of certificates and instruments of transfer
(1) Every registered certificate and every certificate to bearer in respect of units under a unit trust scheme shall before issue be given a serial number by the trustees of the scheme and, when surrendered by the holder, shall be preserved by the trustees in such a manner as to enable reference to be made readily thereto.
(2) Every instrument of transfer in respect of units under a unit trust scheme shall, when delivered to the trustees of the scheme, be preserved by the trustees in such a manner as to enable reference to be made readily thereto.

### Stamp Duty Ordinance 《印花稅條例》

33. Register of holders of registered units
The trustees of a unit trust scheme shall keep a register of the holders of registered units under the scheme and shall enter therein the following particulars—
(a) the name and address of each person who holds any units under the scheme, the serial number of the certificate or certificates representing the units held by each such person and the number of units to which each such certificate relates;
(b) the date or dates on which each such person became the holder of any units and the number of units of which he became the holder on each such date, and—
(i) where he became the holder by virtue of an instrument of transfer, or in consequence of the surrender of a certificate to bearer, a sufficient reference to enable the instrument or certificate to be readily produced;
(ii) where he became entitled to the units by operation of law, particulars of the name of the person from whom the right to such units was transmitted to him, and of the circumstances in which it was so transmitted or a sufficient reference to some other record kept by the trustees containing those particulars;
(c) where any person has ceased to hold any units, the date or dates at which he ceased to hold them, and—
(i) where he so ceased by virtue of an instrument of transfer, or in consequence of the issue of a certificate to bearer, a sufficient reference to the instrument of transfer to enable it to be readily produced or, as the case may be, a note of the serial number of the certificate to bearer;
(ii) where his right to any units has been transmitted to another person by operation of law, particulars of the name of that person, and of the circumstances in which it was so transmitted, or a sufficient reference to some other record kept by the trustees containing those particulars.

34. Register of certificates to bearer
(1) Where any units under a unit trust scheme are represented by a certificate to bearer, the trustees of the scheme shall enter in a separate part of the register referred to in section 33, or in a separate register, the following particulars—
(a) the fact of the issue of the certificate and the serial number of the certificate;
(b) the number of units included in the certificate; and
(c) the date of the issue of the certificate.
(2) Upon the surrender and cancellation of any certificate to bearer, a note of the date of surrender shall be added to the entry.

### Stamp Duty Ordinance 《印花稅條例》

35. Form and period of preservation of records
(1) Registers or records required under this Part may be kept by recording the matters in question—
(a) in bound books or any other legible form; or
(b) otherwise than in a legible form so long as the recording is capable of being reproduced in a legible form,
but where any such register or record is kept otherwise than by making entries in a bound book, adequate precautions shall be taken for guarding against falsification and facilitating its discovery.
(2) Unless the register kept under section 33 is in such a form as to constitute in itself an index, the trustees of the scheme shall keep in a convenient form an index of the names of the holders.
(3) The registers, statements and other records and documents referred to in this Part shall be preserved during the life of the trust scheme and for a period of not less than 1 year thereafter, but nothing in this Part shall require instruments of transfer or registered certificates or certificates to bearer to be preserved for a period exceeding 6 years from the date on which they were finally delivered to the trustees of the scheme.

36. Restriction on registration of transfer of units
Notwithstanding anything in the trust instrument of a unit trust scheme, the trustees or managers under the scheme shall not register a transfer of units thereunder unless an instrument of transfer has been delivered to them; but nothing in this section shall prejudice any power of the trustees or managers to register as entitled to a unit any person to whom the right to that unit has been transmitted by operation of law.

37. Penalty
Any person who—
(a) being a trustee of a unit trust scheme fails to comply with any of the provisions of section 31(1), 32, 33, 34, 35(2) or (3), or 36;
(b) being a manager of a unit trust scheme fails to comply with any of the provisions of section 31(2), 35(3) or 36,
shall incur a penalty at level 2 which shall be recoverable by the Collector as a civil debt due to the Government.
(Amended 70 of 1994 s. 5; L.N. 338 of 1995; 12 of 1999 s. 3)