Cap 117 s 18J Power of Collector to cancel stamp certificates (STAMP DUTY ORDINANCE)

Contents of Section

Chapter:	117	Title:	STAMP DUTY ORDINANCE	Gazette Number:	L.N. 82 of 2004
Section:	18J	Heading:	Power of Collector to cancel stamp certificates	Version Date:	02/08/2004

(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, the instrument is found to be insufficiently stamped.
(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.