PAWNBROKERS ORDINANCE, 1860

PAWNBROKERS ORDINANCE, 1860

- 1860. -

No. 1 of 1860.

An Ordinance to consolidate and amend the laws relating
to pawnbrokers.
[16th April, 1860.]

1. This Ordinance may be cited as the Pawnbrokers
Ordinance, 1860.

2. In this Ordiance, pawnbroker includes every
person, and the ervant or agent of every person, who pur-
chases, receives, or takes in any goods, and pays money for
or advances money upon the same to an aamount not exceed-
ing five hundred dollars, with or under any undertaking,
agreement or condition, express, implied or reasonbly to be
inferred from the nature or character of the dealing or the
usage in respect thereof, that the said goods in whole or in
part may be afterwards redeemed or repurchased upon any
terms whatsoever.

3. No person shall use or exercise the trade or business of
a pawnbroker unless he is the holder of a pawnbroker's
licence.

4.-(1) Every such licence shall be granted by and at the
discretion of the Captain Superintendent of Police on such
conditions tourching fees or otherwise as he may think fit.

(2) A licence shall endure for one year only, but may be
renewed at the like discretion from year to year.

(3) All such fees shall be paid in advance: Provided
always that if any licnesee is unwilling to pay the whole fee
in advance it shall be lawful for him to pay it in quaaarterly
instalements in advance on finding security for such instal-
ments to the satisfaction of the Secretary for Chinese Affairs.

5. No pawnbrokder shall, during the continuance of his
licence, carry on any other trade or occupation in his place
of business as such pawnbroker, except that of pawnbroking
and the sale of pledges forfeited under the provisions of this
Ordinance.


As amended by Law Rev. Ord., 1923. This Ordinance is not affected by No. 5
of 1886.
As amended by Law Rev. Ord., 1923.
As amended by Law Am. Ord., 1923.









6. Every pawnbroker shall cause to be painted and kept
painted in large and legible English letters and Chinese
characters, over the door of his said place of business, his
name at length, and after his anme the world Pawnbroker.

7. Every pawnbroker shall, whenever required by the
Captain Superintendent or any inspector of police, or by any
constable bearing a written order in that behalf under the
hand of the Captain Superintendent, produce for the inspec-
tion of the person so requiring him all or any goods pledged
or deposited with him, and all books and papers relating to
the same.

8. Every pawnbrokder may demand, receive and take inter-
est, over and above the principal moneys paid or advanced
by him upon any goods pawned or pledged with him, from
the person applying to redeem or repurchase the said goods,
before re-deliverying the same, at the following rates:-

First month Succeeding months
On aany sum-
not exceeding $1 ........... 10 % 3 %
$ 1 and not exceeding $ 7 8 % 3%
$ 7 $ 14 5 % 3 %
$ 14 $ 42 3 % 2 %
$ 42 $140 2 % 2 %
$140 ..................... 2 % 1 1/2 %

Provided always that special rates may be charged for
cotton quilts, shoes, leather trunks, copper, iron, lead, tin,
gold and silver watches, jade, and precious stones.

Such principal moneys and interest shall be taken in full
satisfaction of all charges for or incidental to the loan to
which the same relate: Provided aslso that the first month's
interest shall be deemed to tbe due on the first day of the
first month and may be deeucted from the amount of the
loan agreed upon.

Every pawnbroker shall expose in a conspicuous place in
his shop a list, to bte furnished by the Secretary for Chinese
Affairs, of the rates chargeable under this section, in English
and Chinese.

As amended by Law Rev. ORd., 1923.

As amended by Law Rev. Ord., 1923, and Law Am. Ord., 1923.























Every pawnbroker failing to expose such lisrt shall upon
summary conviction be liable to a fine not exceeding fifty
dollars, together with the forfeiture of his licence if con-
considered necessary.

9. Every pawnbroker shall, before advancing any moneys
on loan, enter or cause to the entered in a book to be kept by
him for that purpose, and to be called the General Book, a
fair and legible statement according to From No. 1 in the
Schedule.

10. Every pawnbroker shall, at the time of making any
loan, deliver to the borrower a ticket containing a true and
legible statement according to Form No. 2 in the Schedule.

11. In order to entitle any person to redeem from the
pawnbroker the goods pledged, the ticket must be returned
to the pawnbroker by the person applying to redeem the goods,
except as provided for in section 14.

12. On the tender of any such ticket, together with the
full amount then due for principal and interest, if made
within eight months, or in the case of goods pawned in any
part of the New Territories other than New Kowloon if made
within twelve months, from tehe day of making the loan, it
shall be the duty of the pawnbrokder to deliver up to the
person tendering the ticket the goods described therein.

13. Section 12 shall not extend to cases where, at or
previously to such tender, the pawnbroker has had from the
borrower or the owner of the said goods notice not to deliver
the same, or has had knowledge or notice that the same have
been, or are suspected to have been, unlawfully obtained from
or lost by the owner, or to tickets as to which the borrower
has taken such proceedings as are provided by section 14;
in all which cases it shall be the duty of the pawnbroker to
withhold the goods.

14.-(1) On the application of any person representing
himself to be the borrower or the owner of the said goods or
ticket, as the case may be, and to have lost or been unlaw-
fully deprived of the same, it shall be the duty of the
pawnbroker, if the goods are still unredeemed or unsold,


As amended by Law Am. Ord., 1923.
As amended by Law Rev. Ord., 1923, and Law Am. Ord., 1923.









forthwith to deliver to such applicant a copy of the entry in
the General Book, and the said applicant shall immediately
thereupon proceed to a magistrate and obtain an appointed
for the prupose of vertifying by lawful evidence the truth of
such representation.

(2) If the said applicant verifies the same to the satisfac-
tion of the magistrate within sefen days then next following,
and obtains a certificate to that effect, indorsed upon the
said copy, it shall be the duty of the pawnbroker, on the
copy so indorsed being delivered by the said applicant, to
deliver to him, according to the circunstances of the case
and as the magistrate may order, anoither ticket or the goods,
either with or without payment of the principal money or
interest, or both principal money and interest, as the
magistrate may direct.

15. It shall be the duty of a magistrate, upon lawful
evidence being given that there are probable grounds for
believing that any goods have been pawned without the
privity of their owner, to issue his warrant for searching
any place where the goods may appear to him to be; and
if any of the goods are discovered upon such search, it shall
be the duty of the person executing the warrant to take them
or cause them to be taken into safe keeping to abide the
order of the magistrate.

16. Subject to the provisions hereinbefore contained goods
pawned as aforesaid shall, from and after the expiration
of the periods mentioned in section 12, if the same are
unredeemed, becom ethe property of the pawnbrokder
absoluetley: Provided nevertheless that if at the expiration
of such periods respectively the borrower is desirous of
continuing the loan for a further period not exceeding the
eight months, or the twelvge months, referred to in section
12, as the case may be, he shall be at liberty to do so on
paying the interest then due. In such case a new ticket
shall be issued and a new entry made in the General Book.

17.-(1) Every person applying to borrow shall, at the
time of his application, give to the pawnbroker to whom
such application is made true information to enable him to
comply with the requirements of sections 9 and 10.

* As amended by Law Am. Ord., 1923.



+

(2) Every person applying to redeem goods or for a copy
of an entry shall, at the time of his applicaton, give to the
person to whom such application is made a full and true
account of himeself, his name, his place of abode, the name
and place of abode of the owner, and the circumstances
under which his application is made.

(3) No person shall pawn, or attempt to pawn, the goods
of any other person without being duly authorised or
employed in that behalf.

18. Every pawnbroker to whom any application is made
to borrow or redeem, or for a copy of an entry, who has
reasonable cause to suspect any unlawful practice on the
part of the applicant in any of the above cases, is hereby
required to seize and detain such applicatn, and empowered
to call in the aid of any other person for that purpose; and
every person so seized shall, with all reasonable speed, be
delivered into the custody of a police constable who shall
convey him before a magistrate.

19.-(1) A pawnbroker shall be liable to make good all
loss or damage accruing to a borrower in the cases
following:-

(a) where the goods pawned have been stolen, embezzled,
lost, or otherwise improperly disposed of, before the period
for the redemption thereof has elapsed; and

(b) where the goods, before the said period has elapsed,
have, by the default, neglect, or misfeasance of the pawn-
broker or his servants, been destroyed, damaged, or impaired
in value.

(2) In any of the said cases the magistrate shall allow and
award an amount in satisfaction of such loss or damage,
from which shall be deducted the amount of principal and
interest then due in respect of such goods.

20. No pawnbroker shall receive any goods in pawn from
any person under the age of ten years.

21. It shall not be lawful for any pawnbroker to receive
in pawn any goods having upon them any mark or sign
denoting them to be or to have been the property of the
Crown or of any public department.


* As amended by Law Am. Ord., 1923.










22. No goods shall be pawned or redeemed before 6 a.m.
or after 8 p.m.

23. All adjudications and certificates unde this Ordinance
shall be summarily held, determined and granted by a
magistrate and enforced according to the laws relating to the
jurisdiction of magistrates.

24. In each of the following cases, that is to say,

(1) if any person is covicted of feloniously taking or
fraudulently obtaining any goods and chattels, and it appears
to the court that the same have been pawned with a
pawnbroker; or

(2) if in any proceedings before a magistrate, it appears
that any goods and chattels brought before him have been
unlawfully pawned with a pawnbroker,
the court or magistrate, on proof of the ownership of the
goods and chattels, may order the delivery thereof to the
owner, either on payment to the pawnbroker of the amount
of the loan advanced by him thereon, or of any part thereof, or
without payment of such loan or any part thereof, as to the
court or magistrate, according to the conduct of the owner
and pawnbroker and the other circumstances of the case,
may seem just and fitting.

25. For every offence against this Ordinance there shall
be imposed the penalties following:-

(1) under sections 3, 5, 6, 7, and 9 to 14, a fine not exceed-
ing two hundred dollars, together with the forfeiture of the
offender's licence, if the magistrate so directs;

(2) under section 17, imprisonment for any term not
exceeding two years;

(3) under sections 18 or 20, a fine not exceeding fifty dollars,
together with the forfeiture of the offender's licence, if the
magistrate so directs;

(4) under secion 21, a fine not exceeding five hundred
dollars, together with the forefiture of the offender's licence,
if the magistrate so directs;

(5) under section 22, a fine not exceeding on hundred
dollars.


[s. 26, rep. No. 50 of 1911.]





27. Nothing in this Ordinance shall affect the right of
appeal against any adjudication, or the jurisdiction of the
Supreme Court, or any of the laws relating to crimes or
offences.

28. Nothing in sections 27, 28, 39, and 40 of the Summary
Offences Ordinance, 1845, shall affect pawnbrokers.

SCHEDULE.

FORM NO. 1. [s. 9.]

Entry in General Book.


The day of month of year of




NOTE. - Numbes of loans to continue througth one month,
and to commence anew with each succeeding month.

Form No. 2 [s.10.]


Pawn ticket.


A.B., [or A.B. & Co.,] No. Street,

Pawnbroker [or Pawnbrokers.]



The day of month of year of




[Originally No. 3 of 1860. Law Rev. Ord., 1924.] Short title. Interpretation. Licence. Grant and duration of licence. Restriction of trade to pawnbroking. Notification of place of business. Inspection of goods, books, etc. Interest on loans. List of rates to be exposed in the shop. Book to be kept by pawnbroker. Schedule. Form No. 1. Ticket to be given to borrower. Schedule. Form No. 2. Return of ticket on re-delivery of goods. Delivery of goods and production of ticket and repayment. Exceptions. Provision for cases of lost goods or lost ticket. Issue of search warrant for goods pawned without privity of owner. Unredeemed goods to become the property of pawnbroker. Information to be given by applicant. Pawnbroker to seize applicant suspected of unlawful practice. [cf. No. 13 of 1919, s. 15.] Liabilities of pawnbroker. Pawning by children. Taking in pawn goods with certain marks. Housrs of business. Procedure. Delivery to owner of property unlawfully pawned, with or without compensation to pawnbroker. Penalties for offences. Appeal. Certain provisions not to apply. Ordinance No. 1 of 1845.

[Originally No. 3 of 1860. Law Rev. Ord., 1924.] Short title. Interpretation. Licence. Grant and duration of licence. Restriction of trade to pawnbroking. Notification of place of business. Inspection of goods, books, etc. Interest on loans. List of rates to be exposed in the shop. Book to be kept by pawnbroker. Schedule. Form No. 1. Ticket to be given to borrower. Schedule. Form No. 2. Return of ticket on re-delivery of goods. Delivery of goods and production of ticket and repayment. Exceptions. Provision for cases of lost goods or lost ticket. Issue of search warrant for goods pawned without privity of owner. Unredeemed goods to become the property of pawnbroker. Information to be given by applicant. Pawnbroker to seize applicant suspected of unlawful practice. [cf. No. 13 of 1919, s. 15.] Liabilities of pawnbroker. Pawning by children. Taking in pawn goods with certain marks. Housrs of business. Procedure. Delivery to owner of property unlawfully pawned, with or without compensation to pawnbroker. Penalties for offences. Appeal. Certain provisions not to apply. Ordinance No. 1 of 1845.

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