### Stamp Duty Ordinance 《印花稅條例》

44. Relief in case of gift to exempted institution
(1) Stamp duty under head 1(1), (1AA) or (1AAB) or 2(3) in the First Schedule shall not be chargeable on an instrument to which this section applies. (Amended 14 of 2011 s. 12; 2 of 2014 s. 15)
(2) This section applies to the following instruments—
(a) any conveyance of immovable property operating as a voluntary disposition inter vivos where the beneficial interest therein passes by way of gift from the person entitled to that interest to or on trust for an exempted institution;
(b) any transfer of Hong Kong stock operating as a voluntary disposition inter vivos where the beneficial interest therein passes by way of gift from the registered owner or transferor of the Hong Kong stock to or on trust for an exempted institution.
(3) An instrument to which this section applies shall not be duly stamped unless it is stamped with the stamp duty with which it would, but for this section, be chargeable or it has, in accordance with section 13, been stamped with a particular stamp or by way of a stamp certificate, denoting either that it is not chargeable with any stamp duty or that it is duly stamped. (Amended 21 of 2003 s. 17)

### Stamp Duty Ordinance 《印花稅條例》

46. Instruments affecting immovable property made for new Government lease or exchange to be exempt
(1) Where the Director of Lands certifies that any instrument affecting any immovable property held from the Government has been executed in compliance with his requirements for the sole purpose of enabling a Government lease of the immovable property to be granted to the owner thereof and has been replaced by a new instrument affecting the immovable property in the same manner as, and similar as far as possible to, the instrument replaced, and executed immediately upon the granting of the said Government lease, then such instruments shall be exempt from stamp duty, and the Collector shall, on production to him of the instruments so certified, endorse on the instruments a certificate, or issue a stamp certificate, to the effect that the instruments are by virtue of this section exempt from stamp duty.
(2) Where the Director of Lands certifies that any instrument affecting any immovable property held from the Government has been executed in compliance with his requirements for the sole purpose of enabling the owner of the immovable property to surrender it to the Government as consideration or part consideration for an exchange and has been replaced by a new instrument affecting the immovable property in the same manner as, and similar as far as possible to, the instrument replaced, and executed immediately upon the granting of the said Government lease, then such instruments shall be exempt from stamp duty, and the Collector shall, on production to him of the instruments so certified, endorse on the instruments a certificate, or issue a stamp certificate, to the effect that the instruments are by virtue of this section exempt from stamp duty.
(Amended 8 of 1993 s. 3; L.N. 291 of 1993; 12 of 1999 s. 3; 21 of 2003 s. 19)

### Stamp Duty Ordinance 《印花稅條例》

47. Instruments confirmatory of transactions during Japanese occupation to be exempt
(1) Whenever the Land Registrar certifies that in his opinion an assignment or reassignment has been made by the appropriate parties solely for the purpose of carrying into effect a transaction or a series of transactions in respect whereof an instrument or a series of instruments has been registered or recorded in the Japanese House Registration Office and of effectuating by an assignment or reassignment in the form in common use in Hong Kong the transaction or series of transactions which to him appears to have been intended to be effected by such instrument or series of instruments, then such assignment or reassignment shall be exempt from stamp duty. (Amended 8 of 1993 s. 3)
(2) The certificate under subsection (1) shall be endorsed upon the instrument in question, and on production of the certificate under subsection (1) and of the instrument in question the Collector shall endorse upon the instrument a certificate, or issue a stamp certificate, to the effect that the same is under this section exempt from stamp duty. (Amended 21 of 2003 s. 20)
(3) This section shall not apply to any instrument executed in contravention of the Moratorium Proclamation of the British Military Administration dated 13 September 1945.

47A. Instruments of transfer of units under mandatory provident fund schemes to be exempt
(1) An instrument of transfer of a unit under a unit trust scheme is not chargeable with stamp duty if—
(a) the scheme is a constituent fund of a registered scheme;
(b) the unit is transferred by the manager of the fund to a person who is, or intends to be, a scheme member of the registered scheme; and
(c) the power of the manager to effect the transfer arises otherwise than from a previous transfer to him of that or some other unit.
(2) An instrument of transfer of a unit under a unit trust scheme is not chargeable with stamp duty if—
(a) the scheme is an approved pooled investment fund;
(b) the unit is transferred by the manager of the fund (fund manager

### Stamp Duty Ordinance 《印花稅條例》

47B. Instruments of transfer relating to indirect allotment or redemption of units to be exempt
(1) Where a person is deemed under section 30(3) to transfer a unit under a unit trust scheme and, in relation to that transfer, an instrument is deemed under that section to be a transfer by way of sale falling within head 2(4) in the First Schedule, if that transfer is one to which section 19(1) does not apply by virtue of section 19(1A)(b)(ii), that instrument is not chargeable with stamp duty.
(2) Where a person is deemed under section 30(4) to transfer a unit under a unit trust scheme, if that transfer is one to which section 19(1) does not apply by virtue of section 19(1A)(a), the instrument that is deemed under section 30(4) to be a transfer of the unit is not chargeable with stamp duty.
(3) Where a person is deemed under section 30(5) to transfer a unit under a unit trust scheme, if that transfer is one to which section 19(1) does not apply by virtue of section 19(1A)(b)(i), the instrument that is deemed under section 30(5) to be a transfer of the unit is not chargeable with stamp duty.
(Added 34 of 2003 s. 7)