【法规名称】
【法规编号】 82315 什么是编号？
【正 文】
第9页 CAP 163 MONEY LENDERS ORDINANCE
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[接上页] (8) On any application relating to the admission or amount of a proof by a money lender in any bankruptcy proceedings, the court may exercise the like powers as may be exercised under this section where proceedings are taken for the recovery of money. (9) The Legislative Council may by resolution alter the rate specified in subsection (3) but, in relation to any agreement referred to in that subsection 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. (9A) 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. (Added 69 of 1988 s. 21)(10) In this section "debtor" (债务人) means any person primarily liable for the repayment of a loan or for the payment of interest in respect of a loan. Cap 163 s 26 Restriction on money-lending advertisements PART V GENERAL (1) A money lender shall not for the purpose of his business as a money lender issue or publish or cause to be issued or published any advertisement, circular, business letter or other similar document which does not show the name of the money lender as specified in his licence in such manner as to be not less conspicuous than any other name. (Amended 69 of 1988 s. 22) (2) Where any advertisement, circular, business letter or other similar document issued or published by or on behalf of a money lender purports to indicate the terms of interest on which he is willing to make loans or any particular loan, such advertisement, circular, business letter or other document shall show the interest proposed to be charged- (a) subject to section 24(1), as a rate per cent per annum; and (b) in such manner as to be not less conspicuous than any other matter mentioned therein.(3) A money lender or any other person shall not for the purpose of the money lender's business as a money lender issue or publish or cause to be issued or published any advertisement which does not clearly show the words "Money Lender's Licence No." immediately followed by the number of the licence of the money lender. (Replaced 69 of 1988 s. 22) (4) For the purposes of subsection (1) and section 29(9), the name of the money lender as specified in his licence shall be deemed to include any change by law of the name of the money lender, irrespective of whether his licence specifies the new name. (Added 69 of 1988 s. 22) Cap 163 s 27 Charges for expenses etc. not recoverable (1) Any agreement entered into between a money lender and a borrower or intending borrower for the payment by the borrower or intending borrower to the money lender of any sum for or on account of costs, charges or expenses (other than stamp duties or similar duties) incidental to or relating to the negotiations for or the granting of the loan or proposed loan or the guaranteeing or securing of the repayment thereof shall be illegal. (Amended 69 of 1988 s. 23) (2) (Repealed 69 of 1988 s. 23) (3) Subject to section 33A(5), it shall not be lawful for any money lender or his partner, employer, employee, principal or agent or any person acting for or in collusion with any money lender to charge, recover or receive any sum as for or on account of any such costs, charges or expenses (other than stamp duties or similar charges) or to demand or receive any remuneration or reward whatsoever from a borrower or intending borrower for or in connection with or preliminary to procuring, negotiating or obtaining any loan made or guaranteeing or securing the repayment thereof. (Amended 69 of 1988 s. 23) (4) If any money or money's worth is directly or indirectly paid or allowed to or received by any person in contravention of this section, the amount or value thereof, to the extent of such contravention and notwithstanding any agreement to the contrary, may be recovered by the borrower from such person or, if such person is the money lender or a partner, employer, employee, principal or agent of the money lender or is in any way acting for or in collusion with him, may be set off against the amount actually lent (and that amount shall be deemed to be reduced accordingly) or may be recovered by the borrower from such person or from the money lender. Cap 163 s 28 Power of Registrar and police to enter premises and inspect books, etc. (1) Where- (a) the Registrar or any other person authorized in writing for the purposes of this section by the Registrar; or (b) a police officer of or above the rank of superintendent or any other police officer authorized in writing for the purposes of this section by a police officer of or above such rank, has a reasonable suspicion that a money lender has committed an offence against this Ordinance (in this section referred to as the "suspected offence"), he may enter any premises where the business of the money lender is being carried on and may demand the production of and inspect the money lender's licence or any books, accounts, documents or writings relating to any loan made by the money lender or relating to his business as a money lender, and may take notes, copies or extracts thereof or therefrom. |
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