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[接上页] Remarks: Adaptation amendments retroactively made - see 23 of 1999 s. 3 (1) The Chief Executive shall appoint a public officer to be the Registrar of Money Lenders. (Amended 23 of 1999 s. 3) (2) The Registrar shall establish and maintain a register in which he shall cause to be kept particulars, other than specified particulars, of- (a) applications for the grant or renewal of licences; (Amended 69 of 1988 s. 4) (b) licences which are in force or have been revoked or suspended; (c) such other matters, if any, as he thinks fit. (3) In this section "specified particulars" (指明详情) means particulars furnished under section 8 which are specified in regulations made under section 34 as particulars which shall not be entered in the register. Cap 163 s 5 Official secrecy (1) Except as may be necessary for the exercise or performance of any function or duty under this Ordinance or for carrying into effect the provisions of this Ordinance, the Registrar and every person employed in carrying out or in assisting any person to carry out the provisions of this Ordinance- (a) shall preserve and aid in preserving secrecy with regard to all matters relating to the affairs of any person that may come to his knowledge in the exercise or performance of any function or duty under this Ordinance; (b) shall not communicate any such matter to any person other than the person to whom such matter relates; and (c) shall not suffer or permit any person to have access to any records in the possession, custody or control of any person to whom this subsection applies. (2) Subsection (1) does not apply- (a) to the disclosure of information in the form of a summary of similar information provided by a number of persons if the summary is so framed as to prevent particulars relating to the business of any particular person being ascertained from it; (b) to the disclosure of information with a view to the institution of, or otherwise for the purposes of, any criminal proceedings; (Replaced 69 of 1988 s. 5) (c) in connection with any civil proceedings arising out of, or relating to, section 22, 23, 24, 25, 27, 33, 33B or 36; or (Added 69 of 1988 s. 5) (d) to the disclosure of information to the Financial Secretary, or any public officer authorized by the Financial Secretary for the purposes of this paragraph where, in the opinion of the Registrar, it is desirable or expedient that information should be disclosed in the public interest. (Added 69 of 1988 s. 5. Amended L.N. 96 of 1993; L.N. 106 of 2002) (3) Any person who- (a) contravenes subsection (1); or (b) aids, abets, counsels or procures any person to contravene subsection (1), commits an offence and shall be liable to a fine of $100000 and to imprisonment for 2 years. Cap 163 s 6 Inspection of register (1) Any person shall be entitled on payment of the prescribed fee- (a) to inspect the register during ordinary office hours and take copies of any entry; or (b) to obtain from the Registrar a copy, certified by or under the authority of the Registrar to be correct, of any entry in the register. (2) The Registrar shall give public notice, in such manner as he may deem fit, of the place where and the times when the register may be inspected. Cap 163 s 6A Documents admissible in evidence A document purporting to be a copy, certified by or under the authority of the Registrar to be true and correct, of any entry in the register shall be admissible in evidence in criminal or civil proceedings before any court on its production without further proof and, until the contrary is proved, the court shall presume that- (a) the signature and certification to the document is that of the Registrar or a person authorized by him in that behalf; and (b) the document is a true and correct copy. (Added 69 of 1988 s. 6) Cap 163 s 7 Restriction on carrying on of business of money lender PART II LICENSING OF MONEY LENDERS (1) No person shall carry on business as a money lender- (a) without a licence; (b) at any place other than the premises specified in such licence; or (c) otherwise than in accordance with the conditions of a licence. (2) A licence shall be in the prescribed form. Cap 163 s 8 Application for licence and public notification of application (1) An application for a licence shall be made to the Registrar in the prescribed form and in the prescribed manner, and shall be accompanied by the prescribed fee and a statement in writing containing the prescribed particulars in respect of the application. (2) An application made under this section in respect of a company may be made by any person authorized in that behalf by such company. (Amended 69 of 1988 s. 7) (3) An application made under this section in respect of partners in a firm may be made by any such partner. (4) The Registrar shall, in such manner as may be prescribed, give public notice of every application made under this section. Cap 163 s 9 Investigation and lodgement of applications |