【法规名称】
【法规编号】 82315 什么是编号？
【正 文】
第11页 CAP 163 MONEY LENDERS ORDINANCE
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[接上页] Cap 163 s 30 Offences of fraudulent inducement and obstruction (1) Any person who by any false, misleading or deceptive statement, representation or promise, or by any dishonest concealment of material facts, fraudulently induces or attempts to induce- (a) any money lender to lend money to any person or to agree to the terms on which money is or is to be borrowed; (b) any person to borrow money from a money lender or to agree to the terms on which money is or is to be lent, commits an offence. (2) Any person who- (a) wilfully obstructs an authorized person in the performance of his functions under section 28; or (b) without reasonable cause fails to give an authorized person such assistance or information as he may require in the performance of such functions, commits an offence. (Replaced 69 of 1988 s. 26) (3) For the purposes of subsection (2), "authorized person" (获授权的人) means- (a) the Registrar or any other person authorized by him in writing under section 28; or (b) a police officer of or above the rank of superintendent or any other police officer authorized by him in writing under section 28. (Added 69 of 1988 s. 26) Cap 163 s 30A Offences relating to licensing court Any person who- (a) refuses or fails to comply with any lawful order, requirement or direction of the licensing court; or (b) disturbs or otherwise interferes with the proceedings of the licensing court, commits an offence. (Added 69 of 1988 s. 27) Cap 163 s 31 Liability for offences by companies Where at any time a company commits an offence under this Ordinance with the consent or connivance of, or because of neglect by, any individual, the individual commits the like offence if at that time- (a) he is a director, manager, secretary or similar officer of the company; or (b) he is purporting to act as such officer; or (c) the company is managed by its members, of whom he is one. (Amended 69 of 1988 s. 28) Cap 163 s 32 Penalties and disqualification (1) Any person who commits an offence under this Ordinance shall be liable- (a) in the case of an offence under section 29, to a fine of $100000 and to imprisonment for 2 years; (b) in the case of any other offence for which no penalty is provided, to a fine of $10000 and to imprisonment for 6 months. (2) Where any person is convicted of an offence under this Ordinance, the magistrate may order that such person shall be disqualified from holding a licence for such period not exceeding 5 years from the date of such conviction as may be specified in the order. (3) A licence held by any person against whom an order is made under subsection (2) shall, as from the date of the order, cease to have effect for the purposes of this Ordinance. Cap 163 s 32A Time limitation for instituting certain prosecutions Proceedings for an offence under section 29(3) shall be instituted within 2 years of the commission of the offence. (Added 69 of 1988 s. 29. Amended 82 of 1994 s. 34) Cap 163 s 33 Burden of proof (1) When in any proceedings under this Ordinance against any person it is alleged that such person is not the holder of a licence, it shall in the absence of proof to the contrary be presumed that such person is not licensed. (2) When in any proceedings under this Ordinance against any person it is alleged that- (a) such person is not a person specified in Part 1 of Schedule 1; or (b) that a loan alleged to have been made by such person is not a loan specified in Part 2 of Schedule 1, the fact so alleged shall in the absence of proof to the contrary be presumed. (Amended 69 of 1988 s. 30) Cap 163 s 33A General exemptions (1) The Registrar may, after consultation with the Financial Secretary, by notice in the Gazette- (a) exempt a class of persons (whether money lenders or not) specified in the notice from all or any of the provisions of this Ordinance specified in the notice; or (b) exempt a loan, or class of loans, by a class of persons (whether money lenders or not), specified in the notice from all or any of the provisions of this Ordinance specified in the notice. (2) An exemption under subsection (1) shall be subject to such conditions, if any, as are specified in the notice. (3) The Registrar may at any time by notice in the Gazette- (a) revoke an exemption under subsection (1); or (b) revoke, vary, or add to any condition subject to which such exemption is granted.(4) Notwithstanding any other provision of this Ordinance, any notice- (a) under section 21(2) or 27(2) of this Ordinance as in force at any time before the commencement* of the Money Lenders (Amendment) Ordinance 1988 (69 of 1988); and (b) in force immediately before that commencement, shall remain in force and continue to have effect as if section 17 or 23(a) and (b), as the case may be, of the Money Lenders (Amendment) Ordinance 1988 (69 of 1988) had never come into operation but the Registrar may, after consultation with the Financial Secretary, by notice in the Gazette, revoke any such notice. |
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