【法规名称】
【法规编号】 82315 什么是编号？
【正 文】
第12页 CAP 163 MONEY LENDERS ORDINANCE
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[接上页] (5) Where, at any time before the commencement of the Money Lenders (Amendment) Ordinance 1988 (69 of 1988), section 27(1) did not apply in relation to an agreement referred to in section 27(2) of this Ordinance as in force at any time before that commencement, then section 27(3) shall, in the like manner- (a) be deemed never to have applied in relation to that agreement; and (b) not apply in relation to that agreement in so far as section 27(1) does not apply in relation to that agreement by virtue of subsection (4) of this section. (Added 69 of 1988 s. 31)_____________________________________________________________________________ Note: * 1 October 1988-L.N. 257 of 1988 Cap 163 s 33B Specific exemptions (1) A person (whether a money lender or not) may make an application- (a) in the prescribed form; and (b) accompanied by the prescribed fee, to the Registrar to be exempted from all or any of the provisions of this Ordinance. (2) Where the Registrar receives an application under subsection (1) he shall, after consultation with the Financial Secretary, by notice in writing served on the person who made the application- (a) grant the exemption subject to such conditions, if any, as he may deem fit; or (b) refuse to grant the exemption. (3) Without limiting the generality of the Registrar's power under subsection (2)(a) to impose conditions on an exemption granted under that subsection- (a) such conditions may include a condition that the exemption shall apply to a loan, or class of loans, specified in the exemption; and (b) the Registrar may, by notice in writing served on the person to whom the exemption is granted, revoke, vary, or add to any condition subject to which the exemption is granted. (4) An exemption granted under subsection (2)(a) shall be in the prescribed form and- (a) may be revoked at any time by the Registrar by notice in writing served on the person to whom the exemption is granted; and (b) unless sooner revoked under paragraph (a), shall remain in force for a period of 3 years, or such lesser period as may be specified by the Registrar after consultation with the Financial Secretary, commencing on the date on which the exemption is so granted or, if the exemption specifies a later date, that later date, and that exemption may be renewed from time to time by further applications made under subsection (1). (Added 69 of 1988 s. 31) Cap 163 s 33C Legislative Council may amend Schedule 1 The Legislative Council may by resolution amend Schedule 1. (Added 69 of 1988 s. 31) Cap 163 s 34 Regulations Remarks: Amendments retroactively made - see 23 of 1999 s. 3 The Chief Executive in Council may make regulations- (Amended 23 of 1999 s. 3) (a) prescribing anything required or permitted to be prescribed under this Ordinance; (b) specifying any particulars furnished under section 8 as particulars which shall not be entered in the register under section 4; (c) imposing restrictions in relation to the form in which security for any loan may be demanded or accepted by a money lender; (d) for the better carrying into effect of this Ordinance. Cap 163 s 35 Saving (1) (Omitted as spent) (2)-(3) (Repealed 69 of 1988 s. 32) (4) The Registrar shall take possession of the register and any documents relating thereto kept at the office of the Registrar of Companies under the Money-lenders Ordinance 1911*, and such register and other documents shall be deemed to form part of the records kept by the Registrar under this Ordinance and shall be available for inspection in the same manner as the register kept under this Ordinance. _____________________________________________________________________________ Note: * See Cap 163, 1977 Ed. Cap 163 s 36 Existing loans (1) This section applies to any agreement made before the commencement of this Ordinance for the payment of any loan or for the payment of interest on any loan, and to any security given (whether given before or after the commencement of this Ordinance) in respect of any such agreement or loan. (2) Nothing in this Ordinance shall render any agreement or security to which this section applies void or unenforceable, but no such agreement or security shall be enforceable as against the borrower or surety or any other person except to the extent that- (a) any benefit accruing to the lender by virtue thereof is not more favourable; and (b) any obligation or liability incurred by the borrower or surety or other person by virtue thereof is not more onerous, than it would have been if such agreement had been made or, as the case may be, such security had been given on terms consistent with the requirements of this Ordinance. (L.N. 377 of 1981) (3) Where proceedings are taken in any court for the enforcement of any agreement or security to which this section applies, the court may make such orders and give such directions in respect of the terms thereof or the rights and obligations of the parties in respect thereof as the court may deem necessary or desirable having regard to the requirements of this Ordinance relating to an agreement or security of the kind in question. |
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