Source: 5/11/2016 Hong Kong Economic Times - For References Only
Source: NOW TV & i-Cable TV on 13/5/2014 - For References Only
Source: Hong Kong Economic Times on 13/5/2014 - For References Only.
Media Info & Market News (For References Only)
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調整措施: 財經事務及庫務局局長陳家強在立法會表示，樓市需求管理措施有必要維持，但考慮議員和持份者的意見後，願意調整雙倍印花稅。
雙倍印花稅作出調整
2014年05月13日
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財經事務及庫務局局長陳家強
主席：首先，我要感謝《2013年印花稅（修訂）條例草案》委員會主席李慧琼議員及各位委員，自去年五月以來，不辭勞苦地舉行了十多次法案委員會會議，對《2013年印花稅（修訂）條例草案》進行審議。
過去，我一直有留意會議上的討論，明白委員所關注的事項。藉着出席今天的會議，不僅讓我有機會親身聆聽議員的意見，亦讓我可重申政府的政策理念，並就委員所關注的範疇，進一步說明政府的立場。
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政策理念
在聚焦討論《條例草案》的個別範疇之前，我想先簡單勾劃《條例草案》的政策背景和理念。最近幾年，受到低利率及資金充裕環境影響，加上住宅物業供應偏緊，本港的樓市呈現非理性的亢奮。儘管政府已於2012年10月底加強額外印花稅和引入買家印花稅，但只能短暫地令住宅物業市場降溫，熾熱的市況更有蔓延至非住宅物業市場之勢。
為應對樓市持續過熱的情況，政府於2013年2月22日宣布推出新一輪的措施，即把住宅物業和非住宅物業交易的從價印花稅稅率增加一倍，同時提前徵收非住宅物業交易從價印花稅的時間，以加強管理已購置住宅物業的人士的需求，並防止住宅物業市場的投機或投資活動轉移至非住宅物業市場。《條例草案》便是反映上述新一輪措施的內容。
在推出雙倍從價印花稅時，我們有以下的主要考量：
（一）措施應秉承現行物業印花稅的制度，以累進稅率按物業交易文書的代價款額徵收從價印花稅；
（二）措施應針對樓市的情況，加大管理需求的力度，即時冷卻住宅和非住宅物業市場的熾熱情況，從而扭轉樓價只升不跌的市場預期；及
（三）措施應貫徹政府的政策方針，優先照顧香港永久性居民的置居需要，同時從嚴訂立豁免準則，以維護措施的效力。
措施成效
自推出雙倍從價印花稅措施後，客觀的數據顯示，樓市出現冷卻跡象，成交減少，售價大致橫行。整體住宅售價的平均每月升幅由2013年首兩個月的2.7%，顯著減慢至2013年3月至2014年3月期間的0.1%。租金的平均每月升幅亦由去年首兩個月的0.4%，下降至2013年3月至2014年3月期間的0.1%，對比2012年的全年平均每月上升1.9%明顯放緩。
至於非住宅物業市場，寫字樓及分層工廠大廈售價的平均每月升幅，由2013年首兩個月的2.6%及4.1%，明顯減至2013年3月至2014年3月期間的平均每月0.3%及0.1%。而零售鋪位的售價，在2013年首兩個月平均每月上升1.9%，在2013年3月至2014年3月期間則幾無變動。同期，零售鋪位、寫字樓及分層工廠大廈租金的平均每月升幅持續放緩，以零售鋪位為例，升幅由0.7%下降至0.4%，對比2012年的全年平均每月上升1%尤為明顯。
由此可見，政府先後推出的需求管理措施有效應對物業市場的過熱情況，符合我們的政策目標。雖然措施已初見成效，但在市場前景仍然存在不明朗，加上樓宇供應仍然偏緊的情況下，我們認為現時仍有必要維持措施。
接着，我會就《條例草案》，重點回應議員在過去會議所表達的主要關注，包括措施是否應適用於非住宅物業、換樓期限、對連同住宅物業一併購買的車位的處理，以及日落條款。
《條例草案》的涵蓋範圍
根據《條例草案》的建議，雙倍從價印花稅將適用於所有住宅物業和非住宅物業交易。然而，為貫徹體現優先照顧香港永久性居民置居需要的政策方針，《條例草案》建議向香港永久性居民所購買的住宅物業提供豁免，條件是在購買有關住宅物業當日，該香港永久性居民並非香港任何其他住宅物業的實益擁有人。
我知悉部分議員援引上述豁免，提出應為非住宅物業交易提供類似的豁免安排。但我想指出，基於兩者本質上的差異，實在不應相提並論，而關乎非住宅物業的考慮，亦不能與照顧香港永久性居民的置居需要同日而語。為確保措施的成效，防止熾熱的情況蔓延至非住宅物業市場，我們不擬對非住宅物業交易作出豁免。
調整方案
至於住宅物業，在顧及措施的政策理念、立法原意和不影響措施效力的大前提下，經充分考慮議員及相關持份者提出的意見後，我們願意對建議措施作出以下兩方面的調整。
換樓安排
首先，我們將建議放寬為「先買後賣」的換樓人士而設定的「六個月」換樓期限。具體而言，《條例草案》現時建議，購買新住宅物業的香港永久性居民，如在購入新置物業的六個月內簽立買賣協議以出售其在香港原有唯一的住宅物業，便可受惠於為「先買後賣」的換樓人士而設的退回稅款機制，即獲退回反映新舊稅率差額的從價印花稅稅款。我們在平衡照顧市民換樓實際所需和維護措施成效這兩方面的考慮之後，建議訂明將「六個月」的換樓期限由《條例草案》現時建議的購入新置物業的買賣協議的日期起計，延後至由購入新置物業的售賣轉易契的日期起計。我們相信，有關方案已能同時兼顧購買現樓及樓花的換樓人士的需要。退稅條件統一、清晰、公平，令市民易於掌握，並讓稅務局能有效執行。
因應上述安排，我們亦建議就《條例草案》所訂明，換樓人士須在「兩年」內向稅務局提出退稅申請的指定期限作出一些微調。我們建議在維持現時以簽立購入新置物業的買賣協議的日期後兩年內提出申請的期限之餘，加入新的條款，容許以有關出售原有住宅物業的售賣轉易契的日期起計的兩個月內提出申請，兩者以較後者為準，此舉可讓換樓人士，包括購置樓花的人士，因應其實際情況在完成買賣交易後申請退稅。
購買住宅連車位的交易
第二項調整方案，關乎對住宅物業連車位的豁免安排。根據《條例草案》以及印花稅署的現行做法，當代表自己行事且並沒擁有香港其他住宅物業的香港永久性居民以一份交易文書購入住宅物業和車位時，若該住宅物業和車位是分開和不同的物業，則有關交易中的住宅物業可獲豁免雙倍從價印花稅，而車位因屬非住宅物業不獲豁免。
我們在平衡現行的物業印花稅制度、照顧市民置居需要和維護措施成效之後，考慮秉承現時為住宅物業提供豁免的精神，連帶照顧以一份文書購買住宅物業連車位的人士的需要，豁免當中車位的雙倍從價印花稅。但有關豁免必須從嚴制定，並具備以下條件：
（一）買家是代表自己行事的香港永久性居民，而在購買有關住宅物業和車位當日並非香港任何其他住宅物業和車位的實益擁有人；
（二）有關豁免以一個車位為限，不論買家購入該車位是否作自用或是否首次購入車位；及
（三）有關車位必須連同住宅物業以一份文書購入，不論該車位是否坐落於同一住宅物業發展之內。若一份文書涉及多於一個車位，即使連同住宅物業一併購入，當中的所有車位將不獲豁免。
為落實上述兩項調整方案，政府稍後將提出委員會審議階段修正案。
剛才陳述的兩項調整方案屬於技術性的調整方案，是為了照顧香港永久性居民的置居需要，亦緊扣着我們一向的政策，以及維持政策的原意。作出這兩項調整並不代表政府在現行的需求管理措施上有任何鬆懈，我不希望市民或市場人士有一些揣測或懷疑政府在這方面的決心；我們有決心維持現行的政策、市場的穩定和市場健康的發展。
日落條款
對於有議員建議在《條例草案》加入日落條款，政府不表贊同。正如政府早前多番指出，我們不可能隨意揣測市場往後的變化和各項外圍因素，從而預計需求管理措施於甚麼時候不再適用。因此，任何硬性的日落條款，只會發放錯誤的市場信息，刺激需求，影響措施的效力。
然而，不設日落條款不等於對市況坐視不理。政府必定會繼續密切監察物業市場的情況及外圍環境因素的變化，採取適當的措施，包括適時調整措施的力度，以確保樓市健康平穩發展。為此，我承諾政府會在立法會通過條例之後一年內進行檢討，並向立法會作出匯報。
總結
主席，我先發言至此，我和同事樂意聆聽議員的意見以及回應議員的提問。謝謝。
（以上是財經事務及庫務局局長陳家強5月13日在立法會《2013年印花稅（修訂）條例草案》委員會會議的開場發言。）
English Version:
Property plan to stay
May 13, 2014
none
Secretary for Financial Services & the Treasury Prof KC Chan
Under the influence of exceptionally low interest rates and abundant liquidity, as well as the tight supply of residential properties, the property market in Hong Kong has shown signs of an irrational state of exuberance over the past few years. Although the rise in residential property prices was temporarily arrested upon the introduction of the enhanced Special Stamp Duty and Buyer's Stamp Duty in end October 2012, there were signs of spreading of overheating situation to the non-residential property market.To address the overheating situation in the property market, the Government announced on February 22, 2013 the introduction of a new round of measures, i.e. to double the ad valorem stamp duty rates on transactions for residential and non-residential properties and to advance the timing for charging of ad valorem stamp duty on non-residential property transactions, in order to reinforce demand management on those who have already acquired residential properties and to prevent the overheating situation from spreading to the non-residential property market. The bill reflects the above-mentioned new round of measures.
When introducing the doubled ad valorem stamp duty, we have the following major considerations:
(a) the measures should uphold the current stamp duty regime on properties by charging ad valorem stamp duty on the basis of the considerations of property transactions in the instrument on a progressive scale;
(b) the measures should, having regard to the situation in the property market, enhance the extent of demand-side management with a view to cooling down the overheated property market immediately so as to reverse the market expectation that property prices will only rise; and
(c) the measures should be consistent with the Government's policy directive, i.e. to accord priority to the home ownership needs of Hong Kong Permanent Residents and take a stringent approach in drawing up the exemption rules at the same time to ensure the effectiveness of the measures.
Measures effective
Since the introduction of the doubled ad valorem stamp duty measures, as reflected by statistics, the property market has shown signs of cooling down with dwindled transactions and stabilised prices. Overall flat prices increased by an average of 0.1% per month during March 2013 to March 2014, a notable deceleration from the monthly average increase of 2.7% in the first two months of 2013. The rental prices increased by an average of 0.1% per month during March 2013 to March 2014, a reduction from the monthly average increase of 0.4% in the first two months of 2013 and a notable deceleration from the monthly average increase of 1.9% in 2012.
For the non-residential property market, the prices of office and flatted factory space increased by an average of 0.3% and 0.1% respectively per month during March 2013 to March 2014, a notable deceleration from the monthly average increases of 2.6% and 4.1% respectively in the first two months of 2013. The prices of retail space between March 2013 and March 2014 showed virtually no change further to the monthly average increase of 1.9% in the first two months of 2013. During the same period, the monthly average increase of rental prices of retail, office and flatted factory space continued to decelerate. For example, in the case of retail space, the increase was reduced to 0.4% from 0.7%, with an obvious drop when compared with the monthly average increase of 1% in 2012.
The above shows that the successive rounds of demand-side management measures introduced by the Government have addressed the overheating situation in the property market effectively, which is in line with our policy objective. Despite the preliminary results, uncertainty still prevails in the market and the supply of properties remains tight. Hence, we consider it necessary to maintain the measures.
Next, I will respond to the major concerns that members have expressed on the bill during past meetings, including whether the measures should be applicable to non-residential properties, the stipulated period for changing properties, the handling of acquisition of a residential property together with a car parking space and the sunset clause.
Policy scope
According to the bill, the doubled ad valorem stamp duty shall apply to all transactions in respect of residential and non-residential properties. That said, for consistency with the Government's policy directive to accord priority to the home ownership needs of Hong Kong permanent residents, the bill proposes to exempt residential property acquired by a Hong Kong permanent resident, provided that he or she is not a beneficial owner of any other residential property in Hong Kong at the time of acquiring the concerned residential property.
I understand some members have proposed that similar exemption arrangement should be available for non-residential property transactions by citing the above exemption. However, I would like to point out that given their differences in nature, they should not be treated in the same way. The policy considerations for non-residential properties are not on a par with addressing the home ownership needs of Hong Kong permanent residents. To ensure the effectiveness of the measures and prevent the spread of overheating situation to the non-residential property market, we do not propose to provide exemption for non-residential property transactions.
Timeframe relaxed
On the residential properties, having regard to the policy objective, legislative intent and under the principle of not undermining the effectiveness of the measures and after having fully considered the views of members and relevant stakeholders, we are willing to make adjustments to the proposed measures in the following two aspects.
First, we propose to relax the "six-month" timeframe for owners having acquired a new residential property before disposing of their original one. Specifically, the bill currently proposes that if the Hong Kong permanent resident who acquires a new residential property has entered into an agreement for sale to dispose of his or her original and only other residential property in Hong Kong within six months from the date of acquiring the new property, he or she can benefit from the refund mechanism purposely drawn up to cater for the replacement needs of Hong Kong permanent residents, i.e. the difference in ad valorem stamp duty payment between the old and new rates will be refunded. Striking a balance between addressing the practical needs of the public and safeguarding the effectiveness of the measures, we propose to specify the "six-month" timeframe under the current arrangement in the bill be adjusted to commence from the conveyance on sale instead of the agreement for sale and purchase of the newly acquired property. We believe the above formulation can address the replacement needs of both owners who acquire existing stocks and uncompleted flats. The refund criterion is applicable across the board, clear and fair. It is easy for public understanding and facilitates effective administration by the Inland Revenue Department.
In the light of the above arrangement, we also propose a slight modification to the "two-year" timeframe for application to Inland Revenue Department for stamp duty refund as specified in the bill. While maintaining the two-year application timeframe after the execution of an agreement for sale and purchase of the newly acquired property, we propose to include a new clause to allow for application within two months from the conveyance on sale of the original residential property, whichever is the later. This is meant to enable buyers of changing properties, including those who acquire uncompleted flats, to apply for refund after completion of transactions to cater for actual circumstances.
Parking space exempted
The second adjustment is related to the exemption arrangement in respect of acquisition of a residential property with a car parking space. In accordance with the bill and the prevailing practice by the Stamp Office, when a Hong Kong permanent resident acting on his or her behalf in acquiring a residential property and a car parking space by a single instrument, the concerned residential property in the transaction can be exempted from the doubled ad valorem stamp duty while the car parking space will not be exempted given that it is a non-residential property.
Striking a balance between the prevailing stamp duty regime on property, addressing the home ownership needs of the public and safeguarding the effectiveness of the measures, we consider the need to uphold the spirit of providing the current exemption to residential properties and in doing so to cater along the need of those in acquiring a residential property and a car parking space by a single instrument by exempting the car parking space from the doubled ad valorem stamp duty. The exemption shall be stringently drawn up with the following conditions:
(a) the buyer is a Hong Kong permanent resident who is acting on his or her behalf and is not a beneficial owner of any other residential property and car parking space in Hong Kong at the time of acquisition of the concerned residential property and car parking space;
(b) the concerned exemption is restricted to one car parking space, irrespective of whether the car parking space is acquired for self-use or by a first-time buyer; and
(c) the concerned car parking space must be acquired together with the residential property in a single instrument, irrespective of whether the car parking space is located in the same residential development. If the single instrument involves more than one car parking space, all the car parking spaces will not be exempted even if they are purchased jointly with the residential property.
To implement the above two adjustment proposals, the Government will submit Committee Stage Amendments in due course.
The two adjustment proposals mentioned just now are only technical in nature which are meant to address the home ownership needs of Hong Kong permanent residents, and are consistent with our policy and intent. The proposed two adjustment proposals do not represent any relaxation on the existing demand-side management measures. I do not wish to see any speculation by the public or market players. Neither should they doubt the Government's determination in this regard. We are determined to uphold the existing policy and safeguard the healthy and stable development of the property market.
Sunset clause
The Government does not agree to include a sunset clause in the bill as proposed by individual members. As the Government has pointed out repeatedly, we cannot willfully predict future market changes and various external factors and come up with a date as to when the demand-side management measures would no longer be applicable. Therefore, any prescribed sunset clause will only disseminate erroneous messages to the market and fuel demand, thus affecting the effectiveness of the measures.
Having said that, the absence of sunset clause does not mean that we will ignore the market situation. The Government will continue to closely monitor the property market and changes in the external factors, take appropriate measures, including making timely adjustment to the measures with a view to safeguarding the healthy and stable development of the property market. Thus, I undertake that the Government will conduct a review and report to the Legislative Council one year after the enactment of the legislation.
This is the English translation of Secretary for Financial Services & the Treasury Prof KC Chan’s opening remarks at the Legislative Council Bills Committee on Stamp Duty (Amendment) Bill 2013 meeting.
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** 全面調高樓宇印花稅率 **
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防患未然: 財政司司長曾俊華（中）聯同多名官員，宣布新一輪樓市需求管理措施，以防樓市風險進一步惡化。
全面調高樓宇印花稅率
2013年02月22日
財政司司長曾俊華宣布推出兩項樓市需求管理措施，包括提高買賣印花稅稅率至最高為交易額的8.5％，和非住宅物業買賣在簽訂買賣協議後，便須繳付印花税，以防範樓市風險進一步惡化。
曾俊華今天（2月22日）在記者會上表示，去年10月推出兩項措施之後，樓市平穩了一段時間，但近日又再度亢奮。由於樓巿泡沬風險持續上升，政府決定推出新一輪的措施，加強需求管理。
當 局將全面提高樓宇買賣印花稅的稅率，200萬元或以下的交易的印花稅稅率，將由100元增至交易額的1.5％；其他交易的稅率全面增加一倍，最高的稅率由 交易額的4.25％調整為交易額的8.5％。除指定豁免外，新稅率適用於所有個人或公司購買住宅或非住宅物業的交易。
新稅率的其 他豁免範圍，大致與額外印花稅和買家印花稅相若。但香港永久性居民購買住宅物業，在簽署買賣協議時並沒有擁有其他香港住宅物業，即是打算只擁有一個物業的 香港永久性居民，包括首次置業、已出售原有物業等待再置業，甚至想換樓的人士，可獲豁免繳付新增的稅率，只須按現時的稅率繳付印花稅。
曾俊華說，當局將修訂《印花税條例》，令非住宅物業，包括商舖、寫字樓、工廈、車位等的交易，在簽訂買賣協議後，便須繳付印花税，而非待簽訂轉易契約時才繳納。這做法跟住宅物業交易做法看齊，增加買賣非住宅物業成本，阻止炒風蔓延至非住宅市場。
兩項措施在2月23日生效。在2月22日或以前簽署的買賣協議不受影響。政府將盡快向立法會提交法案，亦會要求立法會賦予權力，在適當時間用附屬法例形式更改相關稅階和稅率。
曾俊華說，置業是市民一生中最重要的決定之一，有意置業的市民，作出決定前須考慮自己的負擔能力、未來的樓宇供應和市場的風險。當局將繼續密切監察樓市的發展，如果樓市泡沫風險持續上升，會毫不猶豫地再次推出措施。
行政長官梁振英表示，繼政府去年10月底推出兩項需求管理措施後，財政司司長曾俊華及香港金融管理局總裁陳德霖今天宣布應付樓市過熱的新一輪措施，說明政府不斷監控樓市，包括住宅和非住宅樓市的表現，隨時推出減低對物業需求的新措施。
梁振英說，這次的措施亦適用於非住宅物業，因為非住宅物業市場過熱，同樣對金融體系和整體經濟造成影響。政府將繼續監控樓市，如果市場繼續過熱，將會適時再次推出遏抑措施。
全面調高樓宇印花稅率
Under a new arrangement, Mr Tsang said stamp duty on a non-residential property will be charged on a sale and purchase agreement, instead of the current pratice of charging it when a conveyance on sale of the property is executed.
“I expect it will help forestall any possible shift in exuberance from the residential market to the non-residential market," he said, adding the two measures will take effect after midnight tonight. Sale and purchase agreements signed today or previously will not be affected.
In October last year, the Government introduced two new measures - increasing the Special Stamp Duty rate and extending its restriction period, and introducing the Buyer's Stamp Duty. Transactions in November and December 2012 plunged sharply as speculative activities and non-Hong Kong Permanent Residents' demand subsided.
The market regained momentum in January. Property prices rose 2% in January, and have continued to rise. Prices have increased 120% compared to 2008. The affordability ratio dropped to 52% in the fourth quarter last year, and this ratio would rise to 68% if the interest rates were to go up by just three percentage points.
The price of non-residential properties has also soared. In 2012, the price of retail space surged 39%, offices 23% and flatted factory space 44%.
“We shall introduce the necessary legislative amendments to the Legislative Council as soon as possible. I hope that the Legislative Council will agree to empower me to adjust the value bands and rates of both the existing and new ad valorem stamp duty by means of subsidiary legislation so that adjustments can be made in a timely manner,” he said.
Mr Tsang said since the land sale programme resumed in 2010, housing supply would increase in the coming years. He noted 48,000 unsold private flats were under construction at the end of 2012, and 24,000 new units are expected to be ready for sale this year.
He believes that the two new measures, together with the enhanced flat supply, will help cool the market, adding he would not hesitate to introduce further measures.
The new measures' introduction shows the Government has been monitoring the property market, which will affect the financial system and the overall economy, Chief Executive CY Leung said.
"If the market continues to get overheated, we will introduce further demand-side management measures in a timely manner," Mr Leung stressed.
香港金融管理局總裁陳德霖宣布，鑑於樓市過熱風險最近再上升，金管局推出三項物業按揭審慎監管措施，包括將工商物業按揭成數下調一成。有關措施即時生效，但在2月22日或以前已簽訂臨時買賣合約的借款申請不受影響。
陳德霖今天（2月22日）向傳媒表示，其中一項措施為將所有工商物業的按揭貸款，不論是否自用，貸款的最高按揭成數，一律按目前適用的上限下調一成。
此外，銀行為按揭貸款申請人進行還款能力壓力測試時，亦會由現時假設兩個百分點的上升幅度增至三個百分點。這項措施適用於所有物業按揭貸款，包括住宅及工商物業貸款。
車位按揭的最高按揭成數，亦將一律定為四成，貸款年期上限亦統一為15年。其他適用於工商物業按揭貸款的按揭成數上限及供款與入息比率要求，亦同時適用於車位按揭貸款。
陳德霖指出，為了提升香港銀行的風險管理，金管局決定為香港採用內評法的銀行，所有在明天或以後批出的住宅按揭貸款，設立15％的風險加權比率下限。
他 表示，現時樓市過熱對香港金融穩定造成的風險是不下於97年，目前按揭利息只有約兩厘，往後美國利率一定會上升至較正常水平，屆時便需承受可能高很多的利 息負擔，和樓價大幅波動的風險，可能嚴重影響置業者和其家庭往後十多廿年的福祉。他期望大家千萬不要低估利息上升時會為供款能力，資產價格及香港整體經濟 帶來的風險和衝擊。
香港按揭證券有限公司亦修訂按揭保險計劃的合資格準則，在修訂後，只有400萬元或以下的住宅物業才可敘造最高九成按揭貸款。
價格為400萬元至450萬元的住宅物業可透過按保計劃敘造最高360萬元，即八成至九成按揭貸款。價格在450萬元或以上則只可敘造最高八成按揭貸款。按保計劃的住宅物業價格上限仍維持於600萬元。
有關修訂適用於2月23日或以後簽署臨時買賣合約的按保申請。查詢可致電2536 0136。
****** ****** ****** ****** ****** ******* ******
Speaking to the media today, Mr Chan said banks must assume a mortgage rate increase of 300 basis points, instead of the existing 200 basis points, in stress-testing mortgage applicants’ repayment ability. He added this measure will apply to mortgage loans for all property types.
The maximum loan-to-value ratios of mortgage loans for all commercial and industrial properties will be cut by 10 percentage points from the existing applicable levels.
The maximum loan-to-value ratio of mortgage loans for standalone car park spaces will be set at 40% and the maximum loan tenor at 15 years. Other requirements on maximum loan-to-value ratio and debt-servicing ratio that apply to commercial and industrial property mortgage loans will also apply to standalone car park space mortgage loans.
The measures take immediate effect, Mr Chan said. Loan applications for property transactions with provisional sale and purchase agreements signed on or before today will not be affected.
Unusual circumstances
“Hong Kong is facing an extremely unusual macro-monetary environment. The ongoing quantitative easing by advanced economies is unprecedented in both scale and duration. Interest rates have been artificially maintained at extremely low levels, and we see huge volumes of liquidity flow into emerging markets like Hong Kong. The current unusual circumstances are one of the main drivers for the prolonged boom in the local property sector. The risk of over-heating in the property sector to financial stability in Hong Kong is no smaller than that seen in 1997,” he said.
“Mortgage rates are around 2%. And, even if the low interest rate environment were to remain until 2015 as anticipated by the US Federal Reserve, the US interest rates are bound to head back to more normal levels.”
He urged people to be cautious and not underestimate the risks that rising interest rates could have on their repayment ability, asset prices and Hong Kong’s overall economy.
In a related development, the Hong Kong Mortgage Corporation Limited today announced revisions to be made to the Mortgage Insurance Programme eligibility criteria.
Currently, properties valued at or below $6 million are eligible for the maximum Mortgage Insurance Programme cover of 90% loan-to-value. After the revisions, only mortgage loans of properties valued at or below $4 million will be eligible for the maximum 90% loan-to-value cover.
For more details, click here.
曾俊華今天（2月22日）在記者會上表示，去年10月推出兩項措施之後，樓市平穩了一段時間，但近日又再度亢奮。由於樓巿泡沬風險持續上升，政府決定推出新一輪的措施，加強需求管理。
當 局將全面提高樓宇買賣印花稅的稅率，200萬元或以下的交易的印花稅稅率，將由100元增至交易額的1.5％；其他交易的稅率全面增加一倍，最高的稅率由 交易額的4.25％調整為交易額的8.5％。除指定豁免外，新稅率適用於所有個人或公司購買住宅或非住宅物業的交易。
新稅率的其 他豁免範圍，大致與額外印花稅和買家印花稅相若。但香港永久性居民購買住宅物業，在簽署買賣協議時並沒有擁有其他香港住宅物業，即是打算只擁有一個物業的 香港永久性居民，包括首次置業、已出售原有物業等待再置業，甚至想換樓的人士，可獲豁免繳付新增的稅率，只須按現時的稅率繳付印花稅。
曾俊華說，當局將修訂《印花税條例》，令非住宅物業，包括商舖、寫字樓、工廈、車位等的交易，在簽訂買賣協議後，便須繳付印花税，而非待簽訂轉易契約時才繳納。這做法跟住宅物業交易做法看齊，增加買賣非住宅物業成本，阻止炒風蔓延至非住宅市場。
兩項措施在2月23日生效。在2月22日或以前簽署的買賣協議不受影響。政府將盡快向立法會提交法案，亦會要求立法會賦予權力，在適當時間用附屬法例形式更改相關稅階和稅率。
曾俊華說，置業是市民一生中最重要的決定之一，有意置業的市民，作出決定前須考慮自己的負擔能力、未來的樓宇供應和市場的風險。當局將繼續密切監察樓市的發展，如果樓市泡沫風險持續上升，會毫不猶豫地再次推出措施。
行政長官梁振英表示，繼政府去年10月底推出兩項需求管理措施後，財政司司長曾俊華及香港金融管理局總裁陳德霖今天宣布應付樓市過熱的新一輪措施，說明政府不斷監控樓市，包括住宅和非住宅樓市的表現，隨時推出減低對物業需求的新措施。
梁振英說，這次的措施亦適用於非住宅物業，因為非住宅物業市場過熱，同樣對金融體系和整體經濟造成影響。政府將繼續監控樓市，如果市場繼續過熱，將會適時再次推出遏抑措施。
全面調高樓宇印花稅率
**** *** ENGLISH VERSION *** ***
Taking action:
Financial Secretary John Tsang (centre) announces measures to
reduce the immediate demand for both residential and non-residential
properties.
New measures to cool property market: FS
February 22, 2013
Two
new measures to cool the property market will be introduced to reduce
immediate demand, Financial Secretary John Tsang announced today.
At a press conference, Mr Tsang said the ad valorem stamp duties on both residential and non-residential properties would be doubled across the board. For transactions valued at $2 million or below, the stamp duty will rise from a $100 flat fee to 1.5% of the transaction's consideration.
“We shall grant exemptions similar to those available in the existing Special Stamp Duty and Buyer’s Stamp Duty regimes. The new stamp duty rates will not apply to Hong Kong Permanent Resident buyers who are not beneficial owners of any other residential property in Hong Kong at the time of acquisition of a residential property,” he said.
At a press conference, Mr Tsang said the ad valorem stamp duties on both residential and non-residential properties would be doubled across the board. For transactions valued at $2 million or below, the stamp duty will rise from a $100 flat fee to 1.5% of the transaction's consideration.
“We shall grant exemptions similar to those available in the existing Special Stamp Duty and Buyer’s Stamp Duty regimes. The new stamp duty rates will not apply to Hong Kong Permanent Resident buyers who are not beneficial owners of any other residential property in Hong Kong at the time of acquisition of a residential property,” he said.
Under a new arrangement, Mr Tsang said stamp duty on a non-residential property will be charged on a sale and purchase agreement, instead of the current pratice of charging it when a conveyance on sale of the property is executed.
“I expect it will help forestall any possible shift in exuberance from the residential market to the non-residential market," he said, adding the two measures will take effect after midnight tonight. Sale and purchase agreements signed today or previously will not be affected.
In October last year, the Government introduced two new measures - increasing the Special Stamp Duty rate and extending its restriction period, and introducing the Buyer's Stamp Duty. Transactions in November and December 2012 plunged sharply as speculative activities and non-Hong Kong Permanent Residents' demand subsided.
The market regained momentum in January. Property prices rose 2% in January, and have continued to rise. Prices have increased 120% compared to 2008. The affordability ratio dropped to 52% in the fourth quarter last year, and this ratio would rise to 68% if the interest rates were to go up by just three percentage points.
The price of non-residential properties has also soared. In 2012, the price of retail space surged 39%, offices 23% and flatted factory space 44%.
“We shall introduce the necessary legislative amendments to the Legislative Council as soon as possible. I hope that the Legislative Council will agree to empower me to adjust the value bands and rates of both the existing and new ad valorem stamp duty by means of subsidiary legislation so that adjustments can be made in a timely manner,” he said.
Mr Tsang said since the land sale programme resumed in 2010, housing supply would increase in the coming years. He noted 48,000 unsold private flats were under construction at the end of 2012, and 24,000 new units are expected to be ready for sale this year.
He believes that the two new measures, together with the enhanced flat supply, will help cool the market, adding he would not hesitate to introduce further measures.
The new measures' introduction shows the Government has been monitoring the property market, which will affect the financial system and the overall economy, Chief Executive CY Leung said.
"If the market continues to get overheated, we will introduce further demand-side management measures in a timely manner," Mr Leung stressed.
******** 工商物業按揭成數降一成 *******
2013年02月22日
香港金融管理局總裁陳德霖宣布，鑑於樓市過熱風險最近再上升，金管局推出三項物業按揭審慎監管措施，包括將工商物業按揭成數下調一成。有關措施即時生效，但在2月22日或以前已簽訂臨時買賣合約的借款申請不受影響。
陳德霖今天（2月22日）向傳媒表示，其中一項措施為將所有工商物業的按揭貸款，不論是否自用，貸款的最高按揭成數，一律按目前適用的上限下調一成。
此外，銀行為按揭貸款申請人進行還款能力壓力測試時，亦會由現時假設兩個百分點的上升幅度增至三個百分點。這項措施適用於所有物業按揭貸款，包括住宅及工商物業貸款。
車位按揭的最高按揭成數，亦將一律定為四成，貸款年期上限亦統一為15年。其他適用於工商物業按揭貸款的按揭成數上限及供款與入息比率要求，亦同時適用於車位按揭貸款。
陳德霖指出，為了提升香港銀行的風險管理，金管局決定為香港採用內評法的銀行，所有在明天或以後批出的住宅按揭貸款，設立15％的風險加權比率下限。
他 表示，現時樓市過熱對香港金融穩定造成的風險是不下於97年，目前按揭利息只有約兩厘，往後美國利率一定會上升至較正常水平，屆時便需承受可能高很多的利 息負擔，和樓價大幅波動的風險，可能嚴重影響置業者和其家庭往後十多廿年的福祉。他期望大家千萬不要低估利息上升時會為供款能力，資產價格及香港整體經濟 帶來的風險和衝擊。
香港按揭證券有限公司亦修訂按揭保險計劃的合資格準則，在修訂後，只有400萬元或以下的住宅物業才可敘造最高九成按揭貸款。
價格為400萬元至450萬元的住宅物業可透過按保計劃敘造最高360萬元，即八成至九成按揭貸款。價格在450萬元或以上則只可敘造最高八成按揭貸款。按保計劃的住宅物業價格上限仍維持於600萬元。
有關修訂適用於2月23日或以後簽署臨時買賣合約的按保申請。查詢可致電2536 0136。
****** ****** ****** ****** ****** ******* ******
Banks to tighten property lending
February 22, 2013
The
Monetary Authority today issued new guidelines to banks on measures to
strengthen their risk management as the risk of the property market
overheating has risen, the authority’s Chief Executive Norman Chan says.Speaking to the media today, Mr Chan said banks must assume a mortgage rate increase of 300 basis points, instead of the existing 200 basis points, in stress-testing mortgage applicants’ repayment ability. He added this measure will apply to mortgage loans for all property types.
The maximum loan-to-value ratios of mortgage loans for all commercial and industrial properties will be cut by 10 percentage points from the existing applicable levels.
The maximum loan-to-value ratio of mortgage loans for standalone car park spaces will be set at 40% and the maximum loan tenor at 15 years. Other requirements on maximum loan-to-value ratio and debt-servicing ratio that apply to commercial and industrial property mortgage loans will also apply to standalone car park space mortgage loans.
The measures take immediate effect, Mr Chan said. Loan applications for property transactions with provisional sale and purchase agreements signed on or before today will not be affected.
Unusual circumstances
“Hong Kong is facing an extremely unusual macro-monetary environment. The ongoing quantitative easing by advanced economies is unprecedented in both scale and duration. Interest rates have been artificially maintained at extremely low levels, and we see huge volumes of liquidity flow into emerging markets like Hong Kong. The current unusual circumstances are one of the main drivers for the prolonged boom in the local property sector. The risk of over-heating in the property sector to financial stability in Hong Kong is no smaller than that seen in 1997,” he said.
“Mortgage rates are around 2%. And, even if the low interest rate environment were to remain until 2015 as anticipated by the US Federal Reserve, the US interest rates are bound to head back to more normal levels.”
He urged people to be cautious and not underestimate the risks that rising interest rates could have on their repayment ability, asset prices and Hong Kong’s overall economy.
In a related development, the Hong Kong Mortgage Corporation Limited today announced revisions to be made to the Mortgage Insurance Programme eligibility criteria.
Currently, properties valued at or below $6 million are eligible for the maximum Mortgage Insurance Programme cover of 90% loan-to-value. After the revisions, only mortgage loans of properties valued at or below $4 million will be eligible for the maximum 90% loan-to-value cover.
For more details, click here.
***********************************************************************************************************
新聞稿
按揭貸款的審慎監管措施
鑒於樓市過熱風險最近再次恢復上升，香港金融管理局（金管局）今日（星期五）就物業按揭貸款業務向銀行發出指引，推出新一輪的審慎監管措施，以提升銀行風險管理和抗震能力。這些措施包括﹕
第二：所有工商物業的按揭貸款，不論是否自用，貸款的最高按揭成數，一律按目前適用的上限下調一成。
第三：車位按揭的最高按揭成數，一律定為四成，貸款年期上限亦統一為15年。其他適用於工商物業按揭貸款的按揭成數上限及供款與入息比率要求，亦同時適用於車位按揭貸款。
以上措施即時生效，但是在2月22日或以前已簽訂臨時買賣合約的借款申請可以不受影響。
此外，為了進一步提升香港銀行的風險管理，金管局決定為香港採用《內評法》（Internal Ratings-based Approach）的銀行，所有在明天或以後批出的住宅按揭貸款，設立一個百分之十五的《風險加權比率》（Risk Weight）下限。
金管局總裁陳德霖先生表示：「香港正處於一個極度不正常的宏觀金融環境。全球先進國家正進行量化寬鬆貨幣政策，規模之大、時間之長，是史無前例。現 時利率被人為地壓至極低的水平，同時大量資金流入包括香港的新興市場。這個不尋常的宏觀環境是香港今次的樓市上升週期持續了很長的時間的主要成因之一。
我想再次強調，現時樓市過熱對香港金融穩定造成的風險是不小於97年。尤其是97年按揭利率一般是10厘或以上，但在樓市泡沫爆破後，美國利率下跌，香港的 按揭利率亦持續下降，在2004年跌低至2厘左右。目前情況剛好相反，按揭利息只是2厘左右，即使低息環境如美聯儲局預測一樣維持至2015年，往後美國 利率一定會上升至較正常水平。
屆時香港的供樓人士能否承受利息上升和樓價下調的雙重衝擊呢?以一個30年的按揭為例，即使頭兩年能享受低息，往後就要承受 可能高好多的利息負擔和樓價大幅波動的風險。這些風險可能會嚴重影響置業者和他們的家庭往後十多廿年的福祉。所以我希望大家要審慎從事，千萬不要低估利息 上升時會為供款能力，資產價格及香港整體經濟帶來的風險和衝擊。」
香港金融管理局
2013年2月22日
2013年2月22日
Press Releases
Prudential Supervisory Measures for Mortgage Lending
As the risk of overheating in the property market
has again risen recently, the Hong Kong Monetary Authority (HKMA)
issued today (Friday) guidelines to banks on a new round of prudential
supervisory measures to strengthen banks’ risk management and
resilience. The measures are as follows:
First: In stress-testing mortgage applicants’ repayment ability, banks are required to assume a mortgage rate increase of 300 basis points, instead of the existing 200 basis points. This measure shall apply to mortgage loans for all types of properties, including residential as well as commercial and industrial properties.
Second: The maximum loan-to-value (LTV) ratios of mortgage loans for all commercial and industrial properties, whether or not for self-use, shall be lowered from the existing applicable levels by 10 percentage points.
Third: The maximum LTV ratio of mortgage loans for standalone car park spaces shall be set at 40% and the maximum loan tenor at 15 years. Other requirements on maximum LTV ratio and debt-servicing ratio applicable to commercial and industrial property mortgage loans shall also apply to standalone car park space mortgage loans.
The above measures take effect immediately. However, loan applications in respect of property transactions with provisional sale and purchase agreements signed on or before 22 February 2013 will not be affected.
Besides, to further enhance the risk management of banks in Hong Kong, the HKMA has decided to introduce a risk weight floor of 15% for all residential mortgages granted tomorrow or thereafter by banks using the internal ratings-based approach.
Mr Norman Chan, the Chief Executive of the HKMA, said, “Hong Kong is facing an extremely unusual macro-monetary environment. The ongoing quantitative easing by advanced economies is unprecedented in both scale and duration.
Interest rates have been artificially maintained at extremely low levels, and we see huge volumes of liquidity flow into emerging markets like Hong Kong.
The current unusual circumstances are one of the main drivers for the prolonged boom in the local property sector. The risk of over-heating in the property sector to financial stability in Hong Kong is no smaller than that seen in 1997.
We should note in particular that while mortgage rates were generally over 10% in 1997, after the burst of the property bubble, US interest rates have fallen, and mortgage rates in Hong Kong have spiralled down reaching about 2% in 2004.
The situation we faced now is just the opposite. Mortgage rates are around 2%. And, even if the low interest rate environment were to remain until 2015 as anticipated by the US Federal Reserve, the US interest rates are bound to head back to more normal levels. Will mortgage borrowers in Hong Kong then be able to withstand the impact of interest rate hikes and property price falls?
For example, under a 30-year mortgage, even though the borrower will be able to enjoy a low interest rate in the first two years, the repayment burden could become much heavier as a result of interest rate hikes in the years that follow. This could have serious consequences for the well-being of those families in the coming years.
Therefore, I hope that the public will be cautious and should not underestimate the risks that rising interest rate could have on repayment ability, asset prices and the overall economy in Hong Kong.”
Hong Kong Monetary Authority
22 February 2013
22 February 2013
***********************************************************************************************************
新聞稿
按揭保險計劃的修訂
香港按揭證券有限公司（按揭證券公司）今日（星期五）宣布，將對按揭保險計劃（按保計劃）的合資格準則作出修訂。現時，按保計劃可接受價格600萬港元或以下的住宅物業敘造最高九成按揭貸款。
在修訂後，只有400萬港元或以下的住宅物業才可敘造最高九成按揭貸款。
住宅物業價格在400 萬港元以上至450萬港元以下將可透過按保計劃敘造最高360萬港元，即八成至九成按揭貸款。住宅物業價格在450 萬港元或以上則只可敘造最高八成按揭貸款。按保計劃的住宅物業價格上限仍維持於600 萬港元。
以上修訂將適用於自2013年2月23日或以後簽署臨時買賣合約的按保計劃申請。於2013年2月22日或之前已簽署臨時買賣合約的買家，如欲按現時的合資格準則申請按保計劃，仍可向按保計劃參與銀行遞交申請。
按揭證券公司總裁李令翔先生說：「考慮到當前的市場情況，修訂的目的是要確保按揭證券公司審慎管理高成數按揭貸款的風險。」
查詢請致電按保計劃熱線（電話：2536 0136）。
香港按揭證券有限公司
2013年2月22日
Press Releases
Revisions of the Mortgage Insurance Programme
The Hong Kong Mortgage Corporation Limited (HKMC) today (Friday) announced that revisions will be made to the eligibility criteria for the Mortgage Insurance Programme (MIP).Currently, properties with value at or below HK$6 million are eligible for the maximum MIP cover of 90% loan-to-value (LTV).
After the revisions, only mortgage loans of properties with value at or below HK$4 million will be eligible for the maximum MIP cover of 90% LTV.
Properties with value above HK$4 million and below HK$4.5 million will be eligible for MIP cover up to HK$3.6 million, being 80-90% LTV, while properties with value at or above HK$4.5 million will only be eligible for the maximum MIP cover of 80% LTV. The cap on the value of properties under MIP will remain unchanged at HK$6 million.
The revisions will apply to MIP applications with provisional sale and purchase agreement signed on or after 23 February 2013. For homebuyers who have executed the provisional sale and purchase agreement on or before 22 February 2013, their mortgage loan applications may be submitted by the MIP participating banks for processing in accordance with the existing scope and criteria of the MIP.
The Chief Executive Officer of the HKMC, Mr Raymond Li, said, “Taking into account the current market conditions, these revisions aim to ensure that the HKMC is taking a prudential approach to risk management on its exposure to high LTV mortgage lending.”
For enquiries, please call the MIP Hotline (Tel: 2536 0136).
The Hong Kong Mortgage Corporation Limited
22 February 2013
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