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[接上页] (2) Where pursuant to subsection (1) a police officer has entered any premises where the business of a money lender is being carried on, he may seize any books, accounts, documents or writings relating to any loan made by the money lender or relating to his business as a money lender that the police officer reasonably believes to be related to the suspected offence. (Amended L.N. 307 of 1998) (3) Any books, accounts, documents or writings seized under subsection (2) shall, as soon as practicable after such seizure, be delivered to the Commissioner of Police, or to some person nominated by him in that behalf, by the police officer who seized them. (4) Where any books, accounts, documents or writings seized under subsection (2) are delivered in accordance with subsection (3) to the Commissioner of Police, or to some person nominated by him in that behalf, the Commissioner of Police or that person, as the case may be, shall, if no prosecution is instituted within 3 months after such delivery in respect of the suspected offence to which they relate, return, or arrange for the return of, such books, accounts, documents or writings to the money lender from whom they were so seized. (Replaced 69 of 1988 s. 24) Cap 163 s 29 Offences by money lenders (1) Any person who carries on business as a money lender- (a) without a licence; or (b) at any place other than the premises specified in his licence; or (c) otherwise than in accordance with the conditions of his licence; or (d) during any period when his licence is suspended, commits an offence. (2) Any person who makes any false or misleading statement or furnishes any false or misleading information in connection with any application for a licence or the renewal of a licence or in connection with any application for an exemption under section 33B commits an offence. (Amended 69 of 1988 s. 25) (3) Any person who, being a licensee, fails to give notice under section 17(1) of any change in respect of such licensee, or who, having been required by the Registrar under section 17(2) to furnish any information in respect of such change, fails to furnish such information or furnishes any false or misleading information, commits an offence. (4) Any money lender who- (a) fails to make a note or memorandum in writing of an agreement in compliance with section 18; (b) fails to give a copy of such note or memorandum to the borrower in compliance with section 18(1)(a); or (c) fails to include in or attach to such copy a summary in writing in compliance with section 18(1)(b), commits an offence. (5) Any money lender who demands or accepts security for a loan in any form prohibited by regulations made under section 34 commits an offence. (6) Any money lender who fails to comply with any demand in writing made by a borrower under section 19 to supply any statement or copy of any document to the borrower or any person specified in the demand commits an offence. (6A) Any money lender who fails to retain a copy of a statement referred to in section 19(1) supplied to him under section 19(1A) during the continuance of the agreement to which that statement relates commits an offence. (Added 69 of 1988 s. 25) (7) Any money lender who fails to give a surety any information to which the surety is entitled under section 20(1) or in respect of which the surety has made a request by notice in writing under section 20(2) commits an offence. (8) Any money lender who issues or publishes, or causes to be issued or published, any advertisement, circular, business letter or other similar document which contravenes section 26(1) or (2) commits an offence. (Amended 69 of 1988 s. 25) (8A) Subject to subsection (8B), any money lender or other person who issues or publishes, or causes to be issued or published, any advertisement which contravenes section 26(3) commits an offence. (Added 69 of 1988 s. 25) (8B) Where a person is charged with an offence under subsection (8A) relating to an advertisement, it shall be a defence for such person to show- (a) that he carries on the business of issuing or publishing or causing to be issued or published advertisements; (b) that he received the advertisement for issuing or publishing or causing to be issued or published in the ordinary course of business; and (c) that at the time he issued or published or caused to be issued or published the advertisement he believed upon reasonable grounds that the advertisement clearly showed the words "Money Lender's Licence No." immediately followed by the number of the licence of the money lender concerned. (Added 69 of 1988 s. 25) (9) Any money lender who for any of the purposes of his business uses any name other than the name specified in his licence commits an offence. (Amended 69 of 1988 s. 25) (10) Any money lender or his partner, employer, employee, principal or agent or any person acting for or in collusion with any money lender who charges, recovers or receives any sum as for or on account of any costs, charges or expenses (other than stamp duties or similar charges) referred to in section 27(3) or demands or receives any remuneration or reward whatsoever from a borrower or intending borrower for or in connection with or preliminary to procuring, negotiating or obtaining any loan made or guaranteeing or securing the repayment thereof commits an offence. (Added 69 of 1988 s. 25) |