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Inland Revenue Ordinance

39. Joint owners and co-owners

Section 56A(1) of the Inland Revenue Ordinance (Cap. 112) is amended by repealing everything after “appearing from” and substituting—

“—

(a) any deed, conveyance, judgment or other instrument in writing registered under the Land Registration Ordinance (Cap. 128); or

(b) the Title Register kept under the Land Titles Ordinance (26 of 2004), to be such an owner shall be answerable for doing all such acts, matters and things as would be required to be done under the provisions of this Ordinance by a sole owner.”.

Stamp Duty Ordinance

40. Section added

The Stamp Duty Ordinance (Cap. 117) is amended by adding—

“2A. Instruments affected by Land Titles Ordinance

Where an instrument in relation to registered land within the meaning of the Land Titles Ordinance (26 of 2004) (including any instrument the form of which is specified under section 99 of that Ordinance)—

(a) falls into any of the following cases—

(i) is chargeable with stamp duty;

(ii) would be chargeable with stamp duty but for any provisions of the Land Titles Ordinance (26 of 2004); or

(iii) if the Land Titles Ordinance (26 of 2004) had never been enacted, would be chargeable with stamp duty but for any provisions of Part V; and

(b) would create, extinguish, transfer, vary or affect any legal or equitable interest in land but for any provisions of the Land Titles Ordinance (26 of 2004), then, for the purposes of this Ordinance, the instrument shall—

(c) without prejudice to any other ground on which it may be void or voidable and notwithstanding any law, not be void or voidable on the ground that it does not, of itself, create, extinguish, transfer, vary or affect, as the case may be, such interest;

(d) where—

(i) paragraph (a)(i) is applicable, continue to be so chargeable;

(ii) paragraph (a)(ii) is applicable, be so chargeable;

(iii) paragraph (a)(iii) is applicable, continue to be so chargeable but for any provisions of Part V,

notwithstanding any provisions of the Land Titles Ordinance (26 of 2004); and

(e) accompany the application, within the meaning of section 2(1) of the Land Titles Ordinance (26 of 2004), for the registration under that Ordinance of the matter which would, if so registered, create, extinguish, transfer, vary or affect, as the case may be, such interest.”.