58HInterpretation

#### 58H Interpretation In this Division: > duly stamped means duly stamped in relation to duty payable by virtue of this Division. > duty means duty payable by virtue of this Division. > mortgage means a security by way of mortgage or charge: (a) for the payment of a definite and certain sum of money advanced or lent at the time or previously due or owing, or forborne to be paid, being payable; or (b) for the repayment of money to be thereafter lent, advanced, or paid, or which may become due upon an account current together with a sum already advanced or due, or without, as the case may be; and, without limiting the generality of the foregoing, includes: (c) a security by way of mortgage or charge given in consideration of the conveyance or transfer of an estate or interest in any real or personal property; (d) a transfer or conveyance of any estate or interest in any real or personal property in trust to be sold or otherwise converted into money: (i) intended only as a security; and (ii) redeemable before the sale or other disposal of the estate or interest, either by express stipulation or otherwise; except where the transfer or conveyance is made for the benefit of creditors generally, or for the benefit of creditors specified, who accept the provision made for payment of their debts in full satisfaction of those debts; (e) any defeasance, declaration, or other instrument for defeating or making redeemable or explaining or qualifying a conveyance, transfer, assignment or disposition of any estate or interest in real or personal property, apparently absolute but intended only as a security; (f) any agreement, contract or covenant (being an agreement, contract or covenant relating to documents of title or accompanied with the deposit of any documents of title or instruments creating a charge on real or personal property) for making a mortgage or any such other security, transfer or conveyance of any estate or interest in real or personal property comprised in those documents, or for pledging or charging that property as a security; and (g) any instrument of mortgage (including an instrument of mortgage referred to in paragraph (c), (d), (e) or (f)) for the purpose of securing the repayment of corporate debentures or any instrument of trust protecting the interests of the holders of corporate debentures; but does not include a conveyance by which an estate or interest in land is or is to be transmitted under the Real Property Ordinance by way of mortgage.