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(Cap 163 section 34) [1 October 1988] (L.N. 236 of 1988) Cap 163A reg 1 Citation These regulations may be cited as the Money Lenders Regulations. (Enacted 1988) Cap 163A reg 2 Directions in and signing of forms, etc. Remarks: Amendments retroactively made - see 23 of 1999 s. 3 A form prescribed by these regulations shall be- (a) completed- (i) in accordance with any directions specified in the form; (ii) in the English or Chinese language; and (23 of 1999 s. 3) (iii) in such a manner as to be clearly legible; and (b) signed- (i) where the applicant is an individual (alone or as a partner of a firm), by that individual; or (ii) where the applicant is a company, by any person authorized in that behalf by such company. (Enacted 1988) Cap 163A reg 3 Fees (1) The fees set out in Part A of Schedule 1 shall be payable to the Registrar. (2) The fees set out in Part B of Schedule 1 shall be payable to the licensing court. (3) The prescribed fee to be tendered under section 19(1) of the Ordinance by a borrower to a money lender shall be $15. (4) The prescribed fee to be paid under section 19(2) of the Ordinance by a borrower to a money lender shall be $15. (5) No fee shall be refundable. (Enacted 1988) Cap 163A reg 4 Form of licence A licence referred to in section 7(2) of the Ordinance and granted under section 11 or renewed under section 13 of the Ordinance shall be in Form 1 in Schedule 2. (Enacted 1988) Cap 163A reg 5 Application for licence (1) An application for a licence made under section 8(1) of the Ordinance shall- (a) where the applicant is an individual (alone or as a partner of a firm), be in Form 2 in Schedule 2; or (b) where the applicant is a company, be in Form 3 in Schedule 2. (2) An application referred to in paragraph (1) shall be accompanied by- (a) a statement- (i) where the applicant is an individual (alone or as a partner of a firm), in Form 4 in Schedule 2; or (ii) where the applicant is a company, in Form 5 in Schedule 2; and (b) the prescribed fee. (3) An application referred to in paragraph (1)(a) shall be further accompanied by a character or business reference, in writing, signed by any one of the following- (a) a director or manager of a bank within the meaning of section 2 of the Banking Ordinance (Cap 155); or (49 of 1995 s. 53; 47 of 1997 s. 10) (b) a barrister, solicitor or certified public accountant (within the meaning of the Professional Accountants Ordinance (Cap 50)), of at least 5 years standing and in actual practice in Hong Kong. (47 of 1997 s. 10; 23 of 2004 s. 56) (c) (Repealed 47 of 1997 s. 10) (Enacted 1988) Cap 163A reg 6 Application for renewal of licence (1) An application for renewal of a licence under section 13 of the Ordinance shall- (a) where the applicant is an individual (alone or as a partner of a firm), be in Form 6 in Schedule 2; or (b) where the applicant is a company, be in Form 7 in Schedule 2. (2) An application referred to in paragraph (1) shall be accompanied by- (a) a statement- (i) where the applicant is an individual (alone or as a partner of a firm), in Form 8 in Schedule 2; or (ii) where the applicant is a company, in Form 9 in Schedule 2; and (b) the prescribed fee. (Enacted 1988) Cap 163A reg 7 Publication of applications Within 21 days of the receipt of an application referred to in regulation 5 or 6, the Registrar shall give notice of such application in- (a) the Gazette; and (b) one daily newspaper in the English language and one daily newspaper in the Chinese language published and circulating generally in Hong Kong. (Enacted 1988) Cap 163A reg 8 Application for endorsement on licence (1) An application under section 15(2) of the Ordinance for the endorsement on a licence of a widow, widower or member or person acting on behalf of the family of a deceased licensee shall be in writing and shall contain- (a) the name of the deceased licensee; (b) the number of the licence; and (c) the name and residential address of the person proposed to be endorsed on the licence, and his relationship to the deceased licensee. (2) An application under section 15(3) of the Ordinance for the endorsement of additional premises on a licence shall be in writing and shall contain- (a) the name of the licensee; (b) the number of the licence; and (c) the address of the proposed additional premises. (3) An application under section 15(4) of the Ordinance for the endorsement of new premises in substitution for premises specified on a licence shall be in writing and shall contain- (a) the name of the licensee; (b) the number of the licence; and (c) the address of the proposed premises to be substituted. (4) An application referred to in paragraph (1), (2) or (3) shall be completed in triplicate and signed by the applicant, or where the applicant is a company, by a person authorized in that behalf by such company, and 2 copies thereof shall be forwarded to the Registrar and one copy thereof shall be forwarded to the Commissioner of Police. |