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Secretary for Justice Teresa Cheng Yeuk-wah attends a Commercial Radio programme in Kowloon Tong. In the Beautiful Sunday radio programme, Secretary for Justice Teresa Cheng Yeuk-wah apologised for failing to deal with the illegal additions at her home in Tuen Mun’s Villa De Mer estate. Photo: SCMP / Winson Wong

The [flat purchase] document was signed by Cheng’s [Justice Secretary Teresa Cheng Yeuk-wah] husband, Otto Poon Lok-to, on her behalf but it specified Cheng as the buyer.

It also showed that Cheng paid HK$2.635 million in stamp duty – she should have had to shell out HK$9.3 million if she had not purchased it as a first-time buyer.

-- SCMP, January 23

But she apparently deemed herself a first-time buyer as the other properties she owns were bought through corporate name.

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It’s a common enough dodge. Instead of buying a flat in your own name, you form a company and have the company buy it.

This way, the flat can change hands an infinite number of times in the future and yet never again be bought or sold. It is the company which has bought and sold.

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The immediate advantage is that the stamp duty on the transfer of company shares amounts in total to only 0.2 per cent of the value of the transaction. The basic stamp duty on sales of homes, however, is 1.5 per cent for any transaction over HK$3 million (US$383,680) and only the tiniest micro flats now sell for less than that.

Aerial view of Secretary for Justice, Teresa Cheng Yeuk-wah's home (L) and her husband Otto Poon Lok-to (R) at Villa de Mer in Siu Lam, Tuen Mun, under construction as of January 23, 2018. Buildings Department announced that it had approved a plan to remove three illegal structures of Cheng's house within two months. Photo: SCMP / Winson Wong
Aerial view of Secretary for Justice, Teresa Cheng Yeuk-wah's home (L) and her husband Otto Poon Lok-to (R) at Villa de Mer in Siu Lam, Tuen Mun, under construction as of January 23, 2018. Buildings Department announced that it had approved a plan to remove three illegal structures of Cheng's house within two months. Photo: SCMP / Winson Wong
In addition, we now have further stinging stamp duty charges on non-first time and foreign buyers.
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