### Stamp Duty Ordinance 《印花稅條例》

18J. Power of Collector to cancel stamp certificates
(1) The Collector shall cancel a stamp certificate if—
(a) the stamp duty, penalty or adjudication fee (if any) paid in respect of an instrument to which the stamp certificate relates has been returned, repaid or refunded under this Ordinance;
(b) an allowance has been made in respect of the stamp certificate under this Ordinance; or
(c) requested by any person who has shown to the satisfaction of the Collector that the stamp certificate contains any error.
(2) For the purposes of subsection (1)(c), an error contained in a stamp certificate does not include a case where upon the assessment of the stamp duty of an instrument by the Collector under section 13 or 47L, the instrument is found to be insufficiently stamped. (Amended 10 of 2013 s. 28)
(3) Where a stamp certificate is cancelled under subsection (1), the Collector shall—
(a) send to any of the following persons a notice in writing of the cancellation—
(i) the person who has claimed a refund or an allowance; or
(ii) the person who has made the request for cancellation of the stamp certificate; and
(b) cancel the record of the stamp certificate kept in respect of the instrument.
(4) Where a stamp certificate is cancelled under subsection (1)(a) or (b) for overpayment of stamp duty, the Collector may issue a new stamp certificate denoting the payment of stamp duty chargeable on the instrument.
(5) Where a stamp certificate is cancelled under subsection (1)(c), the Collector may issue a new stamp certificate to rectify the error.
(6) Where a stamp certificate is cancelled under subsection (1)(c) for any error which results in an undercharge of stamp duty, the Collector may only issue a new stamp certificate denoting the payment of stamp duty chargeable on the instrument after payment of the undercharged stamp duty has been made.

### Stamp Duty Ordinance 《印花稅條例》

19A. Refund of stamp duty in respect of sale and purchase of units under unit trust schemes
(1) Where stamp duty is paid under head 2(1) in the First Schedule in respect of a sale or purchase of a unit under a unit trust scheme effected by the managers under such scheme, the stamp duty shall be refunded to the managers upon application to the Collector under subsection (2) if the managers and trustees under such scheme, before the expiration of 2 months from the date on which the sale or purchase is effected, jointly certify that—
(a) the certificate, if any, in respect of the unit has been cancelled;
(b) as a consequence of the sale or purchase, a proportionate part of the trust property has been realized, and the trust property diminished accordingly; and 
(c) the unit is extinguished and the managers have no power to transfer any other unit in lieu thereof.
(2) On an application for a refund of stamp duty under this section, the applicant shall produce to the Collector the contract notes in respect of which the stamp duty was paid or, where applicable, the stamp certificates issued in respect of the contract notes, and the joint certificate of the managers and trustees referred to in subsection (1). (Amended 21 of 2003 s. 12)
(3) In this section trust property (信託財產) has the meaning assigned to it by section 30.
(Added 77 of 1981 s. 6)

20. Stamp duty payable where transaction in respect of Hong Kong stock does not amount to jobbing business
Where a contract note is stamped under head 2(2) in the First Schedule but the whole or any part of the transaction to which it relates is shown thereafter not to amount to jobbing business, there shall be payable by the exchange participant effecting the sale or purchase to which the contract note relates by way of stamp duty on demand in respect of a note to be issued by the Collector— (Amended 12 of 2000 s. 23)
(a) an amount equal to the stamp duty which would have been payable if the contract note had been stamped under head 2(1) in the First Schedule; and
(b) an amount equal to interest on the amount referred to in paragraph (a) at the rate of 3 cents per $100 per day in respect of the period from the date of the purchase or sale to the date of payment of that amount:
Provided that where the amount referred to in paragraph (a) includes a fraction of $100 such fraction shall, for the purposes of determining the amount referred to in paragraph (b), be reckoned as $100.

### Stamp Duty Ordinance 《印花稅條例》

21. Passing on of dividends or interest on Hong Kong stock prohibited
(1) No person shall be entitled to claim, directly or indirectly, the payment of any dividend or interest or of the amount or value of any dividend or interest on any Hong Kong stock unless—
(a) such person is the registered owner of the Hong Kong stock at the time of such claim;
(b) such person was the registered owner of the Hong Kong stock at some time subsequent to the date on which the dividend was declared or the interest became due;
(c) such person is entitled to be paid such dividend or interest under a declaration of trust in favour of a specified person or otherwise as a beneficiary under a trust; or
(d) such person has lent money on the security of the Hong Kong stock and is entitled by the terms of the loan to claim such dividend or interest.
(2) No person shall demand or request or accept, directly or indirectly, payment of any dividend or interest or of the amount or value of any dividend or interest which under subsection (1) he is not entitled to claim.
(3) No person shall, directly or indirectly, pay any dividend or interest or the amount or value of any dividend or interest on any Hong Kong stock to any other person unless—
(a) such other person is the registered owner of the Hong Kong stock;
(b) such other person was the registered owner of the Hong Kong stock at some time subsequent to the date on which the dividend was declared or the interest became due;
(c) such other person is entitled to be paid such dividend or interest under a declaration of trust in favour of a specified person or otherwise as a beneficiary under a trust; or
(d) such other person has lent money on the security of the Hong Kong stock and is entitled by the terms of the loan to claim such dividend or interest.
(4) Notwithstanding anything in this section, this section shall not apply to specified payment as defined in section 19(16). (Added L.N. 90 of 1999 and 44 of 1999 s. 18)

22. Stamp duty chargeable where consideration in respect of immovable property consists of stock or security other than stock
(1) Where the consideration or any part of the consideration for a conveyance on sale consists of any stock, the conveyance shall be chargeable with stamp duty by reference to the value of the stock on the date of the conveyance.
(2) Where the consideration or any part of the consideration for a conveyance on sale consists of any security not being stock, the conveyance shall be chargeable with stamp duty by reference to the amount due on the date of the conveyance for principal and interest upon the security.