【法规名称】
【法规编号】 82315 什么是编号？
【正 文】
第4页 CAP 163 MONEY LENDERS ORDINANCE
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[接上页] (ii) is granted leave by the licensing court to make such objection, and for the purposes of this section "counsel" (大律师) means a person qualified to practise as a barrister or solicitor under the Legal Practitioners Ordinance (Cap 159). (3) The licensing court shall not grant a licence to a person who is a disqualified person. (4) The licensing court shall, in considering an application to which subsection (2)(a) or (b) applies, hear any evidence given by the applicant or any witnesses called on his behalf and any evidence adduced by or on behalf of the Registrar or the Commissioner of Police or any other person who appears at the hearing under subsection (2)(b). (5) Subject to subsection (3), the licensing court shall not grant a licence upon an application to which subsection (2)(a) or (b) applies unless the court is satisfied- (a) that the applicant, or in the case of a firm every partner thereof, is a fit and proper person to carry on business as a money lender; (b) in the case of a company, that any person who controls such company or in accordance with whose directions or instructions the directors thereof are accustomed to act is a fit and proper person to be associated with the business of money-lending; (Amended 69 of 1988 s. 10) (c) that as respects the carrying on of business as a money lender, any person responsible or proposed to be responsible for the management of the business or any part thereof, or in the case of a company any director or secretary or other officer thereof, is a fit and proper person to be associated with the business of money-lending; (Amended 69 of 1988 s. 10) (d) that the name under which the applicant applies to be licensed is not misleading or otherwise undesirable; (e) that as respects any of the premises to which the application relates, such premises and the situation thereof are suitable for the carrying on of the business of money-lending; (f) that the applicant has complied with the provisions of this Part and any regulations relating to the application; and (g) that in all the circumstances the grant of such licence is not contrary to the public interest. (6) A licence granted under this section shall be subject to such conditions as the licensing court may impose. (7) A licence granted under this section shall not be issued and shall not enter into force except on payment to the licensing court of the prescribed fee. Cap 163 s 12 Effect and duration of licence Every licence shall authorize the person named therein to carry on business as a money lender for a period of 12 months from- (a) in the case of a licence granted under section 11, the day on which it is so granted; and (b) in the case of a licence renewed under section 13, irrespective of whether the renewal of the licence was made prior to, upon or after its expiration, and notwithstanding section 13(5), the day immediately following the day on which it would have, but for its renewal, or has, as the case may be, expired. (Replaced 69 of 1988 s. 11) Cap 163 s 13 Renewal (1) A licensee may apply for the renewal of his licence within a period of 3 months prior to the expiration thereof. (2) This section does not apply to a licensee whose licence is revoked. (3) An application for renewal made under this section shall be made in the prescribed manner and shall be accompanied by the prescribed fee. (4) Sections 8, 9, 10 and 11 shall apply to an application for renewal made under this section as they apply to an application made under section 8. (5) Any licence in respect of which an application for renewal is made under this section and which expires prior to the determination of such application shall, unless such application is withdrawn, or the licence is revoked or suspended under section 14, be deemed to continue in force until the determination of such application. Cap 163 s 14 Revocation and suspension (1) On the application of the Registrar or the Commissioner of Police, a licensing court may make an order revoking or suspending any licence granted by the licensing court if, in the opinion of the licensing court- (Amended 69 of 1988 s. 12; 13 of 1995 s. 40) (a) the licensee has ceased to be a fit and proper person to carry on business as a money lender; or (b) the premises specified in the licence or any of such premises have, or the situation thereof has, ceased to be suitable for the carrying on of the business of money-lending; or (c) the licensee has been in serious breach of any condition of the licence or has ceased to satisfy any other condition relating to his business as a money lender in respect of which the licensing court is required to be satisfied under section 11(5); or (d) the business of the licensee has been carried on at any time or on any occasion since the date on which the licence was granted by recourse to the use of any methods, or in any manner, contrary to the public interest. (2) The licensing court shall fix a date for the hearing of an application under this section, and shall give 14 clear days' notice of such date to the Registrar and the Commissioner of Police and the licensee; such notice shall call on the licensee to show cause as to why such application ought not to be granted and an order for the revocation or suspension of his licence ought not to be made. |
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