【法规名称】
【法规编号】 82193 什么是编号？
【正 文】
第5页 CAP 166 PAWNBROKERS ORDINANCE
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[接上页] (ii) that equal fault or carelessness in their conduct, has caused or contributed to the unlawful pawning of the goods, apportion the loss or damage in equal shares; (b) in the case where the court or magistrate finds that the fault or carelessness in the conduct of the owner or of the pawnbroker, as the case may be, has caused or contributed to the unlawful pawning of the goods in the whole or in the greater part, apportion the loss or damage in such whole or greater part, having regard to their respective shares in the responsibility for such unlawful pawning. (4) Where any person claims ownership of the goods, no order shall be made by the court or magistrate under subsection (2) unless the pawnbroker and the alleged owner have been given an opportunity of being heard. (5) Any order made by the court or magistrate under subsection (2) shall bar any civil remedy which the owner or any other person would have had for the recovery of the goods, and the owner shall not be entitled to claim the return of the goods except under the terms of such order. (6) No order for the delivery, sale or forfeiture of goods shall be made under subsection (2) unless the court or magistrate is satisfied that the goods will not be required as an exhibit in any proceedings. (7) Where under subsection (2)(b) a court or magistrate orders the sale or retention of goods, and no person commences proceedings to establish his ownership of or entitlement to the goods, or the proceeds of sale thereof, within 6 months from the date such order is made, the goods or the proceeds of sale shall become the property of the Government. (Amended 71 of 1999 s. 3) (8) An order made under subsection (2), other than an order for retention of goods, shall not be carried out until the period allowed for making an appeal against the order has expired, or where such an appeal is duly made, until the appeal has been finally determined or abandoned. (9) In this section "owner" (拥有人) includes- (a) any person having ownership of goods at the time of pawning; (b) any person having ownership of goods pawned without his authorization; and (c) any person from whom the pawner obtained the goods by fraudulent, unlawful or illegal means. Cap 166 s 24 Powers of entry and inspection (1) A police officer of the rank of sergeant or above or any person authorized in writing by the Commissioner in that behalf may on production of his authority (if required)- (a) enter and inspect at any reasonable time any premises- (i) specified in a licence; or (ii) which are reasonably suspected by him to be premises where the business of pawnbroking is carried on ; (b) require the production of, inspect or examine any goods, documents or records on the premises; (c) take copies of any such documents or records; and (d) make such inquiries from any person on the premises in relation to such goods, documents or records as he thinks fit. (2) Any person who in connection with an inspection under subsection (1)- (a) fails without reasonable excuse to produce any goods, documents or records referred to in that subsection when required to do so by any police officer or person authorized under that subsection; (b) furnishes to such police officer or person any information which is false or misleading in any material particular; or (c) otherwise hinders or impedes such police officer or person in the performance of his duties or the exercise of his powers under that subsection, commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. Cap 166 s 25 Servant, agent etc. of pawnbroker For the purposes of this Ordinance anything done or omitted by the servant or agent of a pawnbroker in the course of or in relation to the business of the pawnbroker shall be deemed to be done or omitted (as the case may be) by the pawnbroker; and anything by this Ordinance authorized to be done by a pawnbroker may be done by his servant or agent. Cap 166 s 26 Regulations Remarks: Adaptation amendments retroactively made - see 71 of 1999 s. 3 (1) The Chief Executive in Council may by regulation provide for- (Amended 71 of 1999 s. 3) (a) the manner in which applications for licences shall be made; (b) the form of applications for licences, licences, the general book and tickets; (c) the fees payable on the grant or renewal of licences; (d) the conditions subject to which licences are granted; (e) limiting the number of pawnbrokers' licences that may be allowed in any area; (f) the hours during which the business of pawnbroking may be carried on; (g) the storage and safe custody of goods pawned; and (h) anything that is to be or may be prescribed.(2) Any regulation made under this section may provide that a contravention thereof shall be an offence and may provide penalties for such offence not exceeding a fine of $10000 and imprisonment for 6 months. Cap 166 s 27 Amendment of Schedules Remarks: Adaptation amendments retroactively made - see 71 of 1999 s. 3 |
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