【法规名称】
【法规编号】 82315 什么是编号？
【正 文】
CAP 163 MONEY LENDERS ORDINANCE
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To provide for the control and regulation of money lenders and money-lending transactions, the appointment of a Registrar of Money Lenders and the licensing of persons carrying on business as money lenders; to provide protection and relief against excessive interest rates and extortionate stipulations in respect of loans; to provide for offences and for matters connected with or incidental to the foregoing; and to repeal the Money-lenders Ordinance 1911. [12 December 1980] L.N. 347 of 1980 (Originally 29 of 1980) Cap 163 s 1 Short title and application PART I PRELIMINARY (1) This Ordinance may be cited as the Money Lenders Ordinance. (2) This Ordinance shall have effect notwithstanding any agreement to the contrary. Cap 163 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "company" (公司) means a body corporate- (a) incorporated under the Companies Ordinance (Cap 32); (b) incorporated by any other Ordinance; or (c) incorporated or established outside Hong Kong; (Added 69 of 1988 s.2) "disqualified person" (被取消资格的人) means a person in respect of whom there is in force an order made by a court under section 32(2); "effective rate" (实际利率), in relation to interest, means the true annual percentage rate of interest calculated in accordance with Schedule 2; (Amended 69 of 1988 s.2) "firm" (商号) means an unincorporate body of 2 or more individuals, or 1 or more individuals and 1 or more companies, or 2 or more companies, who have entered into partnership with one another with a view to carrying on business for profit; (Amended 69 of 1988 s. 2) "interest" (利、利息) does not include any sum lawfully agreed to be paid in accordance with this Ordinance on account of stamp duty or other similar duty, but save as aforesaid includes any amount (by whatever name called) in excess of the principal, which amount has been or is to be paid or payable in consideration of or otherwise in respect of a loan; "licence" (牌照) means a money lender's licence granted under section 11 or renewed under section 13, and "licensed" (领有牌照) and "licensee" (持牌人) have corresponding meanings; (Amended 69 of 1988 s. 2) "licensing court" (牌照法庭) means a magistrate sitting alone; (Replaced 13 of 1995 s. 37) "loan" (贷款) includes advance, discount, money paid for or on account of or on behalf of or at the request of any person, or the forbearance to require payment of money owing on any account whatsoever, and every agreement (whatever its terms or form may be) which is in substance or effect a loan of money, and also an agreement to secure the repayment of any such loan, and "lend" (贷出) and "lender" (贷款人) shall be construed accordingly; "money lender" (放债人) means every person whose business (whether or not he carries on any other business) is that of making loans or who advertises or announces himself or holds himself out in any way as carrying on that business, but does not include- (a) a person specified in Part 1 of Schedule 1; or (b) as respects a loan specified in Part 2 of Schedule 1, any person who makes such loan; (Amended 69 of 1988 s. 2) "prescribed" (订明) means prescribed by regulations made under section 34; "principal" (本金), in relation to a loan, means the amount actually lent; "register" (登记册) means the register kept by the Registrar under section 4; "Registrar" (注册处处长) means the Registrar of Money Lenders appointed under section 4; "subsidiary" (附属公司) means subsidiary within the meaning of section 2 of the Companies Ordinance (Cap 32). (Added 69 of 1988 s. 2) (2) For the purposes of this Ordinance, where by an agreement for the loan of money the interest charged on the loan is not expressed in terms of a rate, any amount paid or payable to the lender under the agreement (other than simple interest charged in accordance with the proviso to section 22) shall be appropriated to principal and interest in the proportion that the total amount of principal bears to the total amount of the interest, and the rate per cent per annum represented by the interest charged as calculated in accordance with Schedule 2 shall be deemed to be the rate of interest charged on the loan. (Amended 69 of 1988 s. 2) (3) For the purpose of determining the amount of the principal of a loan, any amount thereof which is not shown to have been lent except for the purpose of treating it as an instalment paid by the borrower in repayment of the loan and which is so treated by the lender shall be disregarded. (4) (Repealed 13 of 1995 s. 37) Cap 163 s 3 Ordinance not to apply to authorized institutions This Ordinance shall not apply to- (a) an authorized institution within the meaning of the Banking Ordinance (Cap 155); or (b) as respects a loan made to such an authorized institution, any person who makes such loan. (Replaced 69 of 1988 s. 3) Cap 163 s 4 Registrar of Money Lenders and supervisory functions of Registrar |
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