Definitions and general provisions applicable to this section and sections 16I, 16J and 16K
Version Date:
09/02/2012
(1) In this section and sections 16I, 16J and 16K— building or structure (建築物或構築物) means—
(a) any commercial building or structure as defined in section 40(1); or
(b) any industrial building or structure as defined in section 40(1);
capital expenditure (資本開支) has the meaning assigned to it by section 40(1); environment-friendly vehicle (環保車輛)—
(a) means any vehicle that is specified in Part 3 of Schedule 17; but
(b) does not include any vehicle in which any person holds rights as a lessee under a lease; (Added 10 of 2010 s. 3)
environmental protection facility (環保設施) means—
(a) any environmental protection machinery;
(b) any environmental protection installation; or
(c) any environment-friendly vehicle; (Replaced 10 of 2010 s. 3)
environmental protection installation (環保裝置) means any installation, or part of any installation, that is specified in Part 2 of Schedule 17 and forms a building or structure; environmental protection machinery (環保機械)—
(a) means any machinery or plant that is specified in Part 1 of Schedule 17; but
(b) does not include any machinery or plant in which any person holds rights as a lessee under a lease;
relevant interest (有關權益) has the meaning assigned to it by section 40(1); relevant proceeds of sale (有關售賣得益), in relation to an environmental protection facility in respect of which a deduction has been allowed under section 16I, means—
(a) if section 16I(4) does not apply, the proceeds of sale of the facility; or
(b) if section 16I(4) applies, such part of the proceeds of sale of the facility as is proportionate to the extent to which the deduction has been allowed;
residue of expenditure (開支剩餘額) has the meaning assigned to it by section 40(1); specified capital expenditure (指明資本開支)—
(a) means any capital expenditure incurred on—
(i) the provision of any environmental protection machinery or environment-friendly vehicle; or (Amended 10 of 2010 s. 3)
(ii) the construction of any environmental protection installation; but
(b) does not include—
(i) any capital expenditure that may be deducted under any other section of this Part; or
(ii) any capital expenditure incurred under a hire-purchase agreement;
unallowed amount (未獲容許扣除款額), in relation to an environmental protection installation in respect of which a deduction has been allowed under section 16I and which is subsequently sold, means—
(a) if section 16I(4) does not apply, the amount of specified capital expenditure incurred in relation to the installation that is still unallowed as at the time of the sale; or
(b) if section 16I(4) applies, such part of the amount referred to in paragraph (a) as is proportionate to the extent to which the deduction has been allowed.
(Amended 10 of 2010 s. 3)
(2) In this section and section 16K—
(a) a reference to capital expenditure incurred on the provision of any environmental protection machinery or any machinery or plant includes capital expenditure incurred on alterations to an existing building incidental to the installation of that environmental protection machinery or that machinery or plant, as the case may be; and
(b) a reference to capital expenditure incurred on the construction of any environmental protection installation or any building or structure does not include any expenditure incurred on the acquisition of, or of rights in or over, any land.
(3) The Secretary for Financial Services and the Treasury may, after consultation with the Director of Environmental Protection, by notice published in the Gazette, amend Schedule 17.