Is Hong Kong’s Special Stamp Duty constitutional?

Abstract

This paper seeks to explore the constitutional status of the Special Stamp Duty (SSD) in Hong Kong. While Article 105 of the Basic Law of Hong Kong maintains the right to acquire and dispose property, it has been argued that this right is infringed when the SSD imposes a high rate of taxation of up to 15% in selling the property within two years. This paper will discuss whether this duty infringes on a constitutional right. An examination of this issue will require delving into the constitutional status of SSD through case law. The remainder of the paper will focus the practicality and effectiveness of the SSD and stamp duty.