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[接上页] (2) Any pawnbroker who contravenes subsection (1) commits an offence and is liable to a fine of $5000. Cap 166 s 14 Delivery of duplicate ticket (1) If a ticket is lost or mislaid by or fraudulently taken or obtained from the borrower or the owner of the goods and the goods are still unredeemed or unsold, the pawnbroker, shall, on the application of any person- (a) producing his proof of identity and representing himself to be the borrower or the owner of the goods; and (b) tendering the prescribed sum for expenses; and (c) making and leaving with the pawnbroker a statutory declaration in the prescribed form, setting forth the circumstances of such loss, deliver to him a duplicate of such ticket. (2) A pawnbroker is hereby authorized to take a statutory declaration in the prescribed form for the purposes of this section. (3) Any person who makes a statutory declaration under this section which is false or misleading in any material particular commits an offence and is liable to a fine of $20000 and to imprisonment for 1 year. (4) Subject to subsection (5), any pawnbroker who, in respect of any goods which are still unredeemed or unsold- (a) refuses or fails to take the statutory declaration of a person who has complied with paragraphs (a) and (b) of subsection (1); or (b) refuses or fails to deliver a duplicate ticket to a person who has complied with paragraphs (a), (b) and (c) of subsection (1), commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (5) A pawnbroker does not commit an offence under subsection (4) if he proves that he believed with reasonable cause that such person was not the borrower or the owner of the goods, as the case may be. Cap 166 s 15 Redelivery of goods on production of ticket and repayment (1) Subject to section 16, upon the tender by a person of a ticket or duplicate ticket together with the full amount then due for principal and interest within 4 lunar months from the date of advancing any money on loan, the pawnbroker shall deliver up to that person the goods to which the ticket or duplicate ticket and the loan relate. (2) Any pawnbroker who contravenes subsection (1) commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. Cap 166 s 16 Pawnbroker to withhold goods in certain circumstances (1) Notwithstanding section 15, a pawnbroker shall withhold delivery of the goods pawned where on or before the tender to him of a ticket or a duplicate ticket under that section he has- (a) been given notice in writing by the borrower or the owner of the goods not to deliver the same; (b) been given notice in writing by any police officer not below the rank of sergeant that the goods have been or are suspected to have been unlawfully pawned; or (c) received an application in respect of the goods under section 14 from any person representing himself to be the borrower or the owner of the goods. (2) Any pawnbroker who contravenes subsection (1) commits an offence and is liable to a fine of $5000. Cap 166 s 17 Unredeemed goods to become the property of pawnbroker (1) Subject to this Ordinance and to any other law, goods pawned shall, upon the expiration of 4 lunar months from the date of advancing any money on loan, become, if they are not earlier redeemed, the property of the pawnbroker. (2) Notwithstanding subsection (1) , if before the expiration of 4 lunar months from the date of advancing any money on loan, the borrower wishes to continue the loan, the pawnbroker shall allow him to do so on his paying the interest then due and in any such case a new ticket shall be delivered to the borrower, a new entry shall be made in the general book and for the purposes of section 15 and this section, the date of advancing any money on loan shall be deemed to be the day the new ticket is delivered. (3) Any pawnbroker who contravenes subsection (2) commits an offence and is liable to a fine of $5000. Cap 166 s 18 Information to be given by borrowers etc. (1) A person applying to a pawnbroker to pawn goods or to redeem goods pawned shall at the time of his application provide the pawnbroker with information to the satisfaction of the pawnbroker as to- (a) his proof of identity; and (b) his place of residence; and (c) if he is not the owner, the name and place of residence of the owner of the goods; and (d) in the case of an application to redeem goods, the circumstances under which his application is made. (2) Any person applying to pawn goods or to redeem goods pawned who provides false information under this section commits an offence and is liable to a fine of $20000 and to imprisonment for 1 year. Cap 166 s 19 Goods pawned without authority of owner (1) No person shall pawn goods owned by another without being duly authorized or employed by the owner of the goods in that behalf. (2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $20000 and to imprisonment for 1 year. |