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[接上页] (6) A money changer shall hand over to the customer the total of the equivalent amount of the currency shown in the transaction note as the currency to be issued to the customer without any deduction. (7) A money changer shall, on handing over the exchanged currency, issue the original of a transaction note to the customer. (8) A money changer shall retain the duplicate copy of a completed transaction note for not less than 12 months and shall produce the duplicate for inspection and copying on demand by a police officer. (9) Without derogation from section 5, a customer may, at any time before the money changer completes the transaction by complying with this section and handing the total of the exchanged currency to the customer, refuse to proceed with an exchange transaction. (10) If a customer refuses to proceed with an exchange transaction under subsection (9), the money changer shall immediately hand back to the customer the currency tendered by the customer for the exchange transaction without any deduction. (11) A money changer who contravenes subsection (1), (3), (4), (5), (6), (7), (8) or (10) or who fails to comply with a demand under subsection (8) commits an offence and is liable to a fine of $2000 for a first offence and to a fine of $5000 and to imprisonment for 6 months for a second or subsequent offence. (Replaced 9 of 1989 s. 5) Cap 34 s 5 Right to rescind Where a money changer contravenes section 4 in respect of an exchange transaction the other party to the transaction may, on the ground of such contravention and without prejudice to any other right or remedy, rescind the transaction within 3 days after the date thereof. (Amended 9 of 1989 s. 6) Cap 34 s 6 Money changer to display rates (1) If a money changer is prepared to enter into a Hong Kong dollar exchange transaction for any of the currencies prescribed in Schedule 3, the money changer shall maintain a board displaying the current net rate of exchange offered by him to customers for both buying and selling the currencies. (2) If a money changer maintains more than one board displaying net rates of exchange, he shall display, on all of the boards, identical information relating to the net rates of exchange displayed. (3) A money changer shall- (a) provide a sufficiently large board to display the net rates of exchange in a clearly visible and legible manner to the customer; and (b) place the board in a well lit place where the customer has an unobstructed view of the board.(4) A money changer shall display on the board the net rate of exchange which is least favourable to the customer and may offer a net rate of exchange that is not shown on the board if the offered rate is more favourable to a customer. (5) A money changer shall display on the board, and set out in any note issued under section 7(1), the buying and selling net rates of exchange under the headings "we buy" and "we sell" respectively. (6) A money changer may display a net rate of exchange in multiple units of 10 or 100 units of foreign currency with a corresponding adjustment to the Hong Kong dollar figure. (7) A money changer who contravenes this section commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (Replaced 9 of 1989 s. 7) Cap 34 s 7 Exchange of other currencies (1) If a money changer is prepared to enter into an exchange transaction involving a currency other than one of those set out in Schedule 3, he shall give the potential customer a note in writing of both- (a) the net rate at which he is prepared to buy the currency nominated by the potential customer; and (b) the net rate at which he is prepared to sell the currency nominated by the potential customer,before he accepts any currency from the potential customer. (2) The note referred to in subsection (1) is not a transaction note and the money changer shall issue a transaction note in addition to the subsection (1) note in an exchange transaction referred to in subsection (1). (3) A money changer who contravenes this section commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (Added 9 of 1989 s. 8) Cap 34 s 8 Advertising rates of exchange (1) Where a money changer advertises the rates of exchange for any currency, whether on a board or otherwise, the money changer shall- (a) give equal prominence to buying rates and selling rates for each currency; and (b) display the buying and selling rates in such a way that a potential customer is able to compare the buying rate with the selling rate for any currency without the need to refer to more than one board.(2) A money changer shall not advertise- (a) that he charges a commission on an exchange transaction; (b) that he charges no commission on an exchange transaction; (c) that he makes any other charge on an exchange transaction; or (d) that he does not make any other charge on an exchange transaction.(3) A money changer who contravenes this section commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. |