### Stamp Duty Ordinance 《印花稅條例》

29DE. Partial refund of ad valorem stamp duty in case of redevelopment
(1) In this section—
applicable instrument (適用文書) means an instrument on which stamp duty had been paid according to Scale 1 of head 1(1), or Scale 1 of head 1(1A), in the First Schedule; 
specified amount (指明款項) means—
(a) for an applicable instrument on which stamp duty had been paid according to Scale 1 of head 1(1) in the First Schedule—an amount equal to the difference between the stamp duty paid and the stamp duty that would have been payable on that instrument if it were chargeable under Scale 2 of head 1(1) in the First Schedule; or 
(b) for an applicable instrument on which stamp duty had been paid according to Scale 1 of head 1(1A) in the First Schedule—an amount equal to the difference between the stamp duty paid and the stamp duty that would have been payable on that instrument if it were chargeable under Scale 2 of head 1(1A) in the First Schedule. 

(2) Subject to subsection (4), if—
(a) a person has paid stamp duty on an applicable instrument according to Scale 1 of head 1(1), or Scale 1 of head 1(1A), in the First Schedule; and 
(b) the conditions specified in subsection (3) are satisfied in relation to the immovable property concerned, 
the Collector may, on an application made by the person, refund to the person the specified amount. 
(3) The conditions are—
(a) the immovable property concerned consisted, or formed part, of a lot (the lot); 
(b) the person—
(i) alone or jointly with an associated body corporate within the meaning of section 45(2), became the owner of the lot; or 
(ii) after becoming the owner as mentioned in subparagraph (i), was, alone or jointly with the associated body corporate, granted a new lot (the new lot

### Stamp Duty Ordinance 《印花稅條例》

29DI. Interpretation (Subdivision 2)
(Amended L.N. 148 of 2023 and 3 of 2024 s. 8)In this Subdivision— (Amended L.N. 148 of 2023 and 3 of 2024 s. 8)

applicable instrument (適用文書) means an instrument—
(a) under which a single residential property is acquired; and
(b) on which—
(i) buyer’s stamp duty had been paid; and
(ii) stamp duty had been paid according to Part 1 of Scale 1 of head 1(1), or Part 1 of Scale 1 of head 1(1A), in the First Schedule;

applicant (申請人), in relation to an application made under section 29DJ(1), means the person who makes the application;

co-buyer (共同買家), in relation to an application made under section 29DJ(1), means—
(a) the applicant; or
(b) any other person who, jointly with the applicant, acquired the subject property as mentioned in section 29DJ(1)(b)(ii);

remaining co-buyer (餘下共同買家), in relation to an application made under section 29DJ(1), means a co-buyer who, on the date of the application, remains a beneficial owner of the subject property concerned;
subject property (標的物業), in relation to an applicable instrument, means the residential property acquired under the instrument.

### Stamp Duty Ordinance 《印花稅條例》

29DK. Applicants or co-buyers regarded as not being beneficial owners of other residential properties in certain circumstances
(1) Subsection (2) applies if section 29DJ(1)(b)(i) is relied on in making an application under section 29DJ(1).
(2) Even if, on the date of the applicant’s acquisition of the subject property concerned, the applicant was a beneficial owner of another residential property in Hong Kong (original property A

29DL. Deadline for application
No refund may be made under this Subdivision if the application for refund is made after— (Amended L.N. 148 of 2023 and 3 of 2024 s. 11)
(a) subject to paragraph (b), 6 months after—
(i) the date* on which the Stamp Duty (Amendment) (No. 3) Ordinance 2023 (14 of 2023) is published in the Gazette; or
(ii) the date on which—
(A) if section 29DJ(1)(b)(i) is relied on in making the application—the applicant became a Hong Kong permanent resident; or
(B) if section 29DJ(1)(b)(ii) is relied on in making the application—the person who, among the remaining co-buyers, last became a Hong Kong permanent resident became such a resident,
whichever is the later; or
(b) if section 29DK is relied on in making the application—
(i) 6 months after the date mentioned in paragraph (a)(i);
(ii) 6 months after the date mentioned in paragraph (a)(ii);
(iii) 2 years after the date of the applicable instrument; or
(iv) 2 months after the date of the conveyance on sale under which—
(A) if section 29DJ(1)(b)(i) is relied on in making the application—original property A is transferred or divested as mentioned in section 29DK(3)(a); or
(B) if section 29DJ(1)(b)(ii) is relied on in making the application—original property B is transferred or divested as mentioned in section 29DK(6)(a),
whichever is the latest.

Editorial Note:
* Date of publication in the Gazette: 30 June 2023.

### Stamp Duty Ordinance 《印花稅條例》

29DP. Constitution of specified charges
(1) This section applies in relation to an applicable instrument if the instrument’s liability to stamp duty in respect of the specified amount is suspended under this Subdivision.
(2) If the applicable instrument is an agreement for sale, the specified amount that may be recoverable by the Collector—
(a) if the subject property was acquired by a buyer alone—constitutes an equitable charge on—
(i) the buyer’s interest, right and title in respect of the agreement; and
(ii) the buyer’s interest, right and estate in respect of the property,
in favour of the Collector; or
(b) if the subject property was jointly acquired by co-buyers—constitutes an equitable charge on—
(i) the co-buyers’ interest, right and title in respect of the agreement; and
(ii) the co-buyers’ interest, right and estate in respect of the property,
in favour of the Collector.
(3) If the applicable instrument is a conveyance on sale, the specified amount that may be recoverable by the Collector constitutes a legal charge on the subject property in favour of the Collector.
(4) A specified charge constituted in respect of an applicable instrument is deemed to take effect on the date of acquisition of the subject property.
(5) If a specified charge is constituted, the Collector must make an instrument denoting it.
(6) The instrument mentioned in subsection (5) may be registered under Cap. 128 as an instrument affecting land.
(7) If a specified charge is an equitable charge constituted in respect of an agreement for sale under subsection (2), it is for all purposes taken to be a legal charge constituted on the subject property concerned once a conveyance on sale is executed in conformity with the agreement.

### Stamp Duty Ordinance 《印花稅條例》

29DQ. Powers of Collector under specified charges
(1) A specified charge confers on the Collector, as a chargee in respect of the charge, the powers in respect of the subject property concerned that are specified in Schedule 13.
(2) The powers are not exercisable before the expiry of the specified period for the specified charge.
(3) In this section—
specified period (指明期間), in relation to a specified charge, means a period of 30 days after the day on which the relevant applicable instrument’s liability to stamp duty in respect of the specified amount ceases to be suspended under section 29DN(5)(a) or 29DO(8)(a).