【法规名称】
【法规编号】 82193 什么是编号？
【正 文】
第4页 CAP 166 PAWNBROKERS ORDINANCE
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[接上页] Cap 166 s 20 Issue of search warrant for goods pawned without authority of owner A magistrate shall, upon written information on oath being laid before him that there are probable grounds for believing that any goods have been pawned without the authority of their owner, issue his warrant for searching any place where the goods may appear to him to be; and if any of the goods are discovered upon such search, the person executing the warrant shall take them or cause them to be taken into safe keeping. Cap 166 s 21 Prohibition on pawnbrokers when receiving goods in pawn Remarks: Adaptation amendments retroactively made - see 71 of 1999 s. 3 (1) No pawnbroker shall receive in pawn any goods- (a) from any person unless he has first inspected proof of identity of the borrower; or (b) from any person who is under the age of 17 years; or (c) having upon them any mark or sign indicating them to be or to have been the property of the State, the Urban Council or any other statutory body or authority. (Amended 71 of 1999 s. 3) (2) No pawnbroker shall demand or accept as security any- (a) identity card issued under the Registration of Persons Ordinance (Cap 177), passport, warrant card, or other document establishing the identity or nationality of the holder; (b) bank savings or deposit account book; or (c) photograph, whether developed or not, of the borrower or owner of the goods or of any member of the family of the borrower or owner of the goods. (3) Any pawnbroker who contravenes subsection (1) or (2) commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. Cap 166 s 22 Liability of pawnbroker in respect of loss or damage (1) A pawnbroker shall make good all loss or damage accruing to a borrower or owner of goods pawned where- (a) before the period for redemption thereof has elapsed the goods have by the default, neglect or misfeasance of the pawnbroker been- (i) stolen, lost or improperly disposed of; or (ii) destroyed, damaged or impaired in value; or (b) he has failed to comply with section 16. (2) In subsection (1) "the period for redemption" (赎回期限) means, in relation to any goods pawned, the period of 4 lunar months from the date, as determined under section 17, of advancing any money on loan on the security of those goods. (3) Any pawnbroker who contravenes subsection (1) commits an offence and is liable to a fine of $5000. (Amended L.N. 162 of 1993) (4) In any proceedings before a court or magistrate, whether or not for an offence under this section, such court or magistrate shall allow and award to the borrower or owner of the goods an amount in satisfaction of such loss or damage, from which shall be deducted the amount of principal and interest then due in respect of the loan to which the goods relate. (5) Notwithstanding anything in subsection (1) or (4) the liability of a pawnbroker for loss or damage under this section shall not exceed, in respect of any one article pawned, the sum specified in the First Schedule. Cap 166 s 23 Powers of court in respect of goods pawned, whether lawfully or unlawfully Remarks: Adaptation amendments retroactively made - see 71 of 1999 s. 3 (1) Where in any proceedings before a court or magistrate- (a) it appears that any goods have been unlawfully pawned with a pawnbroker; or (b) a person has been convicted of an offence under this Ordinance and it appears that any goods brought before the court or magistrate by which he is convicted in connexion with the offence have been pawned with a pawnbroker, whether or not the pawnbroker is the person so convicted, the court or magistrate shall dispose of the goods in the manner provided by this section. (2) The court or magistrate may, in respect of any goods to which subsection (1) applies, of its or his own motion or upon application- (a) on proof of ownership of the goods, make, subject to subsection (3), an order for the delivery or non-delivery thereof to the owner- (i) on payment to the pawnbroker of the amount of the loan advanced by him thereon and the interest due; or (ii) on payment to the pawnbroker of any part of such loan or interest; or (iii) without payment to the pawnbroker of any part of such loan or interest, as may seem just in all the circumstances; (b) if ownership of the goods cannot be established or where the owner cannot be found, make an order that the goods be sold or retained in the possession of the Commissioner; or (c) make an order that the goods be forfeited to the Government. (Amended 71 of 1999 s. 3) (3) In the making of an order under subsection (1)(a), the court or magistrate shall take into account the conduct of the owner and of the pawnbroker and consider whether the fault or carelessness of either party has caused or contributed to the unlawful pawning of the goods and shall as regards the apportionment between them of any loss or damage- (a) in the case where the court or magistrate finds- (i) that no fault or carelessness in their conduct; or |
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