【法规名称】
【法规编号】 82193 什么是编号？
【正 文】
第2页 CAP 166 PAWNBROKERS ORDINANCE
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[接上页] (5) The Commissioner may, in his discretion, grant an application for an endorsement under subsection (4) and if so granted, the licence shall be endorsed accordingly. Cap 166 s 7 Grant or transfer of licence to bodies corporate or partnerships (1) Where a body corporate or a partnership wishes to obtain a licence under section 5 a person authorized in that behalf shall apply as the representative of the body corporate or the partnership and, if a licence is granted by the Commissioner, it shall be expressed to be granted to that person on behalf of the body corporate or the partnership, as the case may be. (2) Where a licence is transferred to a body corporate or a partnership under section 6, it shall be expressed to be transferred to a person authorized in that behalf as the representative of the body corporate or the partnership, as the case may be. Cap 166 s 8 Licence conditions (1) A licence shall be subject to the prescribed conditions. (2) Where a condition of a licence is contravened, the person to whom the licence was granted commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. Cap 166 s 9 Cancellation and refusal to renew The Commissioner may cancel or refuse to renew a licence at any time if- (a) he is satisfied that any false or misleading statement or information was made or furnished in connection with the application to obtain or renew the licence; or (b) the person to whom the licence was granted is convicted of an offence under this Ordinance or any regulations made thereunder; or (c) a condition of the licence is contravened, whether or not any person has been convicted of an offence under section 8(2); or (d) in his opinion the person to whom the licence was granted has ceased to be a fit and proper person to carry on business as a pawnbroker; or (e) in his opinion the public interest so requires. Cap 166 s 10 Appeal and operation and effect of cancellation Remarks: Adaptation amendments retroactively made - see 71 of 1999 s. 3 (1) Any person aggrieved by a decision of the Commissioner under section 5, 6 or 9 may appeal by way of petition to the Chief Executive within 28 days of the decision and on any such appeal the Chief Executive may confirm, vary or reverse the decision of the Commissioner. (2) The operation of any decision to cancel a licence under section 9, appealed against under subsection (1), shall be suspended until the appeal has been heard and determined by the Chief Executive. (3) The cancellation of a licence shall not affect any agreement for the loan of a sum of money on the security of any goods pawned or other like agreement made by the pawnbroker as such, nor shall he by reason only of the cancellation lose his lien on, or right to, any goods or goods pawned or to the loan and profit thereon, but he shall be allowed to pursue and wind up his business in respect of goods which he has received before the cancellation. (Amended 71 of 1999 s. 3) Cap 166 s 11 Interest on loans (1) A pawnbroker may demand and take simple interest, per lunar month, over and above the principal paid or advanced by him upon any goods pawned with him, from the person applying to redeem those goods before redelivering the same, at any rate not exceeding that specified in the Second Schedule. (2) The payment of principal and interest shall be accepted by the pawnbroker in full satisfaction of all charges for or incidental to the loan to which they relate. (3) No agreement for the loan of a sum of money on the security of goods pawned shall be enforceable in any case where the pawnbroker demands or takes simple interest in excess of the rate specified in the Second Schedule, or demands or takes compound interest, or any payment other than principal and interest and in any such case- (a) the borrower or owner of the goods shall be entitled to redeem the goods without payment of interest or any charges for or incidental to the loan; and (b) the pawnbroker shall be entitled to recover the amount of the loan. (4) No pawnbroker shall in relation to any loan- (a) demand or take simple interest in excess of the rate specified in the Second Schedule; (b) demand or take compound interest; or (c) demand or take any payment other than principal, interest or the prescribed sum for expenses under section 14. (5) Any pawnbroker who contravenes subsection (4) commits an offence and is liable to a fine of $20000 and to imprisonment for 1 year. Cap 166 s 12 Details of loan to be entered in general book kept by pawnbroker (1) A pawnbroker shall keep a general book in the prescribed form and shall in respect of every loan, enter or cause to be entered the details as specified in the form, before advancing any money on loan. (2) Any pawnbroker who contravenes subsection (1) commits an offence and is liable to a fine of $5000. Cap 166 s 13 Ticket to be given to borrower (1) A pawnbroker shall on the date of advancing any money on loan deliver to the borrower a ticket in the prescribed form. |
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