【法规名称】
【法规编号】 82315 什么是编号？
【正 文】
第6页 CAP 163 MONEY LENDERS ORDINANCE
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[接上页] (2) Where notice of any change is given to the Registrar under subsection (1), the Registrar may by notice in writing require the licensee to furnish him with such information, verified in such manner, as the Registrar may specify with respect to such change. Cap 163 s 18 Form of agreement PART III MONEY LENDERS' TRANSACTIONS (1) No agreement for the repayment of money lent by a money lender or for the payment of interest on money so lent, and no security given to any money lender in respect of any such agreement or loan, shall be enforceable unless- (a) within 7 days after the making of the agreement, a note or memorandum in writing of the agreement is made in accordance with subsection (2) and signed personally by the borrower, and a copy of such note or memorandum is given to the borrower at the time of signing; and (b) there is included in or attached to such copy a summary, in such form as may be prescribed, of such provisions of this Part and Part IV as may be prescribed, and no such agreement or security shall be enforceable if it is proved that the note or memorandum was not signed by the borrower before the money was lent or the security was given. (2) The note or memorandum shall contain all the terms of the agreement and in particular shall set out- (a) the name and address of the money lender; (b) the name and address of the borrower; (c) the name and address of the surety, if any; (d) the amount of the principal of the loan in words and figures; (e) the date of the making of the agreement; (f) the date of the making of the loan; (g) the terms of repayment of the loan; (h) the form of security for the loan, if any; (i) the rate of interest charged on the loan expressed as a rate per cent per annum, or the rate per cent per annum represented by the interest charged as calculated in accordance with Schedule 2; and (Amended 69 of 1988 s. 15) (j) a declaration as to the place of negotiation and completion of the agreement for the loan. (3) Notwithstanding subsection (1), if the court before which the enforceability of any agreement or security comes in question is satisfied that in all the circumstances it would be inequitable that any such agreement or security which does not comply with this section should be held not to be enforceable, the court may order that such agreement or security is enforceable to such extent, and subject to such modifications or exceptions, as the court considers equitable. (Amended 69 of 1988 s. 15) Cap 163 s 19 Duty of money lender to give information to borrower (1) In respect of every agreement, whether made before or after the commencement of this Ordinance, for the repayment of money lent by a money lender, the money lender shall, on demand in writing being made by the borrower at any time during the continuance of the agreement and on tender by the borrower of the prescribed fee for expenses, supply to the borrower or, if the borrower so requires, to any person specified in that behalf in the demand, a statement (consisting of the original and a copy) signed by the money lender or his agent showing- (Amended 69 of 1988 s. 16) (a) the date on which the loan was made, the amount of the principal of the loan and the rate per cent per annum of interest charged; (b) the amount of any payment already received by the money lender in respect of the loan and the date on which it was made; (c) the amount of every sum due to the money lender but unpaid, and the date on which it became due, and the amount of interest accrued due and unpaid in respect of every such sum; (d) the amount of every sum not yet due which remains outstanding, and the date on which it will become due; and (e) the following words, in both English and Chinese, prominently and legibly on its face- "THE BORROWER OR OTHER PERSON TO WHOM THIS STATEMENT IS SUPPLIED IS REQUIRED UNDER SECTION 19(1A) OF THE MONEY LENDERS ORDINANCE TO ENDORSE ON THE COPY OF THE STATEMENT THAT HE HAS RECEIVED THE ORIGINAL OF THE STATEMENT AND TO RETURN THE COPY AS SO ENDORSED TO THE MONEY LENDER. 借款人或其他获得供给此结萛书的人须依照放债人条例第19(1A)条的规定,在结算书的副本上签注己经收到结算书正本, 以及将经如此签注的副本回放债人。". (Added 69 of 1988 s. 16) (1A) The borrower or other person to whom the original and a copy of a statement referred to in subsection (1) is supplied under that subsection by a money lender shall, as soon as practicable after being so supplied- (a) endorse on the copy of that statement words to the effect that he has received the original of that statement; and (b) return the copy of that statement as so endorsed to that money lender, who shall then retain it during the continuance of the agreement to which that statement relates. (Added 69 of 1988 s. 16) (2) A money lender shall, on demand in writing by the borrower, supply a copy of any document relating to a loan made by him or any security therefor to the borrower or, if the borrower so requires and on payment by the borrower to the lender of the prescribed fee, to any person specified in that behalf in the demand. (Amended 69 of 1988 s. 16) |
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