【法规名称】
【法规编号】 82315 什么是编号？
【正 文】
第8页 CAP 163 MONEY LENDERS ORDINANCE
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[接上页] Provided that if the court is satisfied that in all the circumstances it would be inequitable if a money lender who did not satisfy it that he was licensed at the relevant time was thereby not entitled to so recover such money or interest or to enforce such agreement or security, the court may order that the money lender is entitled to recover such money or interest or to enforce such agreement or security to such extent, and subject to such modifications or exceptions, as the court considers equitable. (Added 69 of 1988 s. 19) Cap 163 s 24 Prohibition of excessive interest rates PART IV EXCESSIVE INTEREST RATES (1) Any person (whether a money lender or not) who lends or offers to lend money at an effective rate of interest which exceeds 60 per cent per annum commits an offence. (2) No agreement for the repayment of any loan or for the payment of interest on any loan and no security given in respect of any such agreement or loan shall be enforceable in any case in which the effective rate of interest exceeds the rate specified in subsection (1). (3) The Legislative Council may by resolution alter the rate specified in subsection (1): Provided that in relation to any agreement for the repayment of any loan or for the payment of interest on any loan which is in force at the date when such rate is so altered, the rate so specified as at the coming into force of such agreement shall continue to apply. (4) Any person who commits an offence under this section shall be liable- (a) on summary conviction to a fine of $500000 and to imprisonment for 2 years; (b) on conviction on indictment to a fine of $5000000 and to imprisonment for 10 years. (Amended 82 of 1994 s. 33) (5) Nothing in this section shall apply to- (a) a loan specified in paragraph 12 in Part 2 of Schedule 1; or (b) as respects such loan, any person who makes such loan. (Replaced 69 of 1988 s. 20) Cap 163 s 25 Reopening of certain transactions (1) Subject to section 24(2), where- (a) proceedings are taken in any court by any person (whether a money lender or not) for the recovery of any money lent or the enforcement of any agreement or security in respect of any loan; and (b) subject to subsection (3), there is evidence which satisfies the court that the transaction is extortionate, the court may reopen the transaction so as to do justice between the parties having regard to all the circumstances, and, for that purpose, make such orders and give such directions in respect of the terms of the transaction or the rights of the parties thereunder as the court may think fit. (2) For the purposes of this section, a transaction is extortionate if- (a) it requires the debtor or a relative of his to make payments (whether unconditionally or on certain contingencies) which are grossly exorbitant; or (b) it otherwise grossly contravenes ordinary principles of fair-dealing. (3) Any agreement for the repayment of a loan or for the payment of interest on a loan in respect of which the effective rate of interest exceeds 48 per cent per annum shall, having regard to that fact alone, be presumed for the purposes of this section to be a transaction which is extortionate; but except where such rate exceeds the rate specified in section 24(1), the court may declare that any such agreement is not extortionate for the purposes of this section if, having regard to all the circumstances relating to the agreement, the court is satisfied that such rate is not unreasonable or unfair. (4) In determining whether a transaction is extortionate for the purposes of this section, regard shall be had to such evidence as is adduced concerning- (a) interest rate prevailing at the time it was made; (b) the factors mentioned in subsections (5) and (6); and (c) any other relevant considerations. (5) Factors applicable under subsection (4)(b) in relation to the debtor include- (a) his age, experience, business capacity and state of health; and (b) the degree to which, at the time of entering into the transaction, he was under financial pressure, and the nature of that pressure. (6) Factors applicable under subsection (4)(b) in relation to the lender or other person by whom the proceedings are taken include- (a) the degree of risk accepted by the lender, having regard to the nature and value of any security provided; (b) his relationship to the debtor; (c) whether or not a specious cash price was quoted for any goods or services included in the transaction; and (d) where one or more other transactions are to be taken into account, the question how far any such other transaction was reasonably required for the protection of the debtor or the lender, or was in the interest of the debtor. (7) Any court in which proceedings might be taken for the recovery of any loan or security in respect of a loan shall have and may at the instance of the debtor or any surety exercise the like powers as may be exercised under this section where proceedings are taken for the recovery of a loan; and the court may entertain any application under this subsection by the debtor or surety notwithstanding that the time for repayment of the loan or any instalment thereof has not arrived. |
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