PAWNBROKERS, & c. -- OFFENCES ORDINANCE
Title
PAWNBROKERS, & c. -- OFFENCES ORDINANCE
Description
ORDINANCE No. 11 or 1858.
Pawnbrokers,. 8yc.-- Offences.
No. 11 of 1858.
An Ordinance for the prevention of Offences touching Securities, Sales,
and Deposits.
6th July, 1858.]
E it enacted and ordained by His Excellency the Governor of Hongkong,
with the
~' advice of the Legislative Council thereof, as follows:-
1. All additions to drafts on bankers within the meaning of Ordinance No.
3 of Additions teehe-
1857, shall be deemed to be (by whomsoever and at whatsoever time the
said additionsqnea on bankers.
may be made) part of tile drafts themselves, for the purpose of the
payment thereof
respectively; and any cancellation or erasure of such additions, and
likewise any alte-
ration thereof (except for the mere purpose of filling up any blanks
therein), shall be
deemed a forgery of the said drafts respectively.
2. A person obtaining by fraud or false pretence the acceptance of a bill
of ex-
change (whether drawn by himself or any other person) from a third party,
shall (whether
the said bill so accepted remain in his hands or not) be deemed to have
obtained a
valuable security, by fraud, or (as the case may be) false pretence,
within the meaning
-of the Laws in force for the repression of the said offences; and
persons fraudulently
,obtaining movies or chattels upon or by moans of a draft order or
warrant addressed to
any person, society, company, or firm, who, to the knowledge of the
persons so obtaining
the said movies or chattels, at the time of obtaining the same, have
stopped payment
'or suspended business, shall be deemed to have obtained the said movies
or chattels
by a false pretence, and shall be punishable accordingly.
3. No person shall act as a lender of money to an amount being less than
five
hundred current dollars in any one transaction upon deposit of goods and
chattels,
unless he be then the actual holder of a pawnbroker's licence, or as a
public salesman,
unless he be then the actual holder of an auctioneer's licence.
4. Every such licence shall be granted by and at the discretion of His
Excellency in
Executive Council, on such conditions, touching fees or otherwise, as
shall be deemed
meet; and the same shall endure for one year only, but may be renewed at
the like
discretion from year to year.
5. No such lender of money as aforesaid shall, during the continuance of
his said No lender ro
. carte on another
licence, carry on any other trade or occupation in his place of business
as such leader. trade.
6. He shall cause to be painted and kept painted in large and legible
English :aa,nea and busi-
ness of lenders
letters and Chinese characters, over the door of his said place of
business his name at to be painted.
.length, and after his name the word 'Pawnbroker' (or 'Pawnbrokers' if he
be the
member of a firm of such lenders).
7, He shall, whensoever thereunto required by tile Superintendent of
Police, or
nay Inspector of Police, or by any other member of the Police Force
bearing a written
order in that behalf under the hand of the said Superintendent, produce
for the inspec-
tion of the party so-requiring him all or any goods and chattels pledged
or deposited
-with him on loan of movies, and all books arid papers relating to the
same.
Acceptances ob-
tained by fraud
or false pretence,
and drafts &c.,
anon nerFons
who have stop-
ped payment,
e.
Pawnbrokers'
and auctioneers,
licences.
To be granted
by the Governor
in Council.
Inspection of
books; &c., by
Police.:
428 ORDINANCE No. 11 of 1858.
Pawnbrokers, Ac.-00ffences.
Interest oulonnn. $, Over and above the principal movies lent upon any
goods or chattels, pawned or-
pledged with the lender, he may demand, receive, and take from the person
applying to-
redeem the said goody or chattels, before re-delivering the same to such
person, interest
upon the said principal movies for the month, anti every fractional part
of a month, after-,
such rate as shall have keen agreed upon at the time of the making of the
said loan;-
which said principal movies and interest shall be taken in full
satisfaction of all charges.
for or incident to the loan to which the same relate; yet so as that the
first month's-
intcrest shall be deemed to be due on tire first day of the first month,
unless redemption
he applied for within tile first three days thereof.
Ne'furtVCrpm- 9, Every such loan shall be hots&,fide made v; itlront
deduction out of the amount
fit to be nuule.
` expressed to be lout, anti no profit or interest over arid above the
rate aforesaid shall be
i
oil any pretext received or demanded.
A General Book 10. Before any movies shall be advanced on any yuck loan as
aforesaid, the lender--
to be kept, and
curries uuule, thereof shall enter or cause to be catered in a book, to be
by him kept for that purpose,.
and numbered.
and to be called 'The General Book,' a fair, true, and regular statement
of the nature
and <loscription, and also of tire actual condition, of the goods or
chattels upon which the-
vaid loan shall be made, and of the exact amount in value of the said
loan, and of the
exact rate of interest thereon, and of the name, description, and abode
of the borrower,,
and of the number (if any) of the place and the name (if any) of the
street of such hip
abode (distinguishing him, if the occupier of his place of abode by the
Chinese characters
,;-- ~ and by the English letter 0, and if only au inmate thereof by the
Chinegq-
characters r ~ , ~' and by, the English hotter I); and also of the like
particulars,.
(distinguished in like manner) of the name, description, and abode of
such other person
(if arty) as the said borrower shall represent to the seal lender to be
the true owner of the
said goods and chattels; and lastly, of the day of the English month and
year upof>,
which the said loan shall be made: yet so as that, before any of the said
entries shall be
made in the said crook, the said lender shall to the boat of his ability
ascertain from the
said borrower the truth thereof respectively: And' every loan, the
particulars whereof
shall have been so entered as aforesaid, shall be numbered in the said
book from number
ono progressively to the end of the month as they are received in pawn:
exempli grati&,.
the first pledge that is received in pawn after the commencement of this
Ordinance shall.
be numbered one the second two and so on progressively until the end of
'the now
instant month of July; and tire first pledge that is received in pawn in
the month of August
next, shall be in like manner numbered one and the second two and so on
progressively
until the end of that mouth: And the like regulation shall be observed in
every succeed-
ing month for ever after.
A eaPpomentttt 11. If arty of the said goods and chattels shall consist of
articles, not of Chinese
book to be kept
for rtrtieas trot manufacture, and not especially adapted for Chinese use,
the said lender shall, immediately
of Chinese maun
fhctW a or nee, before or immediately after catering such particulars . as
aforesaid in the said General.
73ook, make a second awl separate entry of the same tenor in another
book, to be kept by
lriln for that, purpose, and to be called 11 The Supplemental Book.'
ORDI\ANC.C No.- Il .oF 1$58.
Pawnbrokers, arc.-Offences.
12. Together with the full amount of the said principal monies, the
lender shall at
the time of making any such loan as aforesaid deliver to the borrower a
ticket, containing
a fair, legible, and true extract of the number of the entry of the said
loan in the said
Book, and also of the statement of the said particulars thereof so
entered as aforesaid,
and further settin- forth in a fair, legible; and true manner, the name
and description,
and abode, of the said lender, and of the street (if guy), arid of the
number (if any) of the
place of his said abode, which said ticket shall be so delivered gratis;
and if the said
borrower shall decline, neglect, or omit to accept and take the swine; it
shall not be
lawful for the said lender to receive or retain the goods and chattels
therein mentioned.
13. In order to entitle any person to redeem and re-demand from the said
lender
or his representatives the said goods and chattels, the said ticket must
be produced and
re-delivered to the said lender or his representatives by the person
applying to redeem
the same: and upon such redemption being effected, the said lender or his
representa-
tives shall fairly and legibly enter or cause to be entered on the said
ticket a true and
exact note of the amount of interest taken by or for him upon the said
principal monies,
and shall retain the same ticket in his custody for the space of twelve
months next
following the day of the making of such last-mentioned entry.
14. On the production and tender of any such ticket as aforesaid,
together with
the full amount then due for principal and interest in respect of the
loan to which the'
same refers, if made at the end of six months from the day of the making
of the said
loan, it shall be the duty of the lender therein named and his
representatives, to receive
the same, and to deliver up to the person producing and tendering the
same the goods
and chattels described in the said ticket, whether such person shall be
or not the bor-
rower therein named.
15. The section next preceding shall not extend to cases where, at or
previously
to such production and tender, the said lender or his representatives
shall have 'had
from the said borrower, or the owner of the said goods and chattels,
notice not to
deliver the same upon the said production and tender, or shall have had
knowledge or
notice that the salve have been, or are suspected to-have been,
unlawfully obtained
from or lost by the owner thereof, before the making of the said loan,
nor to tickets
as to which the borrowers shall have taken such proceedings as are
provided by the
section next immediately following:-in all which cases it shall be the
duty of the
lenders and their representatives to withhold such delivery if required,
merely upon
the production and tender aforesaid.
16. Upon the application of any person (other than the said borrower)
represent-
,ing himself to be the owner of the said goods and chattels, or of any
person (other
than the holder of the said ticket) representing himself to be the owner
thereof, and
to have lost or been unlawfully deprived of the same, it shall be the
duty of the said
lender, or his representatives, if the said goods and chattels be still
unredeemed,
forth pith to deliver to such applicant li copy of the entry in the- said
General Book,
or ,(as ,the case tray be) of the said ticket, which said applicant shall
immediately
thereupon proceed to the office of the Court hereinafter mentioned, and
obtain an
'rickets to be
denvmed by the
lender to the
borrower,
r reduction on
re-dclivcrx of
tlt,xety.
'rite goods to Lo
given up to any
person Prodav.-Inx
the ticket.
Exception of
Mot&
Provision for
lost goods or
tickets.
Search warrants
may be issued.
After six months
the cootie, fPun-
retlcemed, to be
the property of
the lender.
Applicants to
give taste ac-
cnupts of them-
selves, the goods,
&c.
Duty to seize mid
deliver 17110 CUa-
rndy applicants
not giving true
accounts.
ORDINANCE No. 11 of 1858.
Pawnbrokers, &.-0ffences.
appointment there for the purpose of verifying by lawful evidence the
truth of such
representation; and if he shall verify the same to the satisfaction of
the said Court.
within seven days then next following, and shall obtain from the said
Court a certifi-.
Gate to that effect, endorsed upon the said copy, it shall be the duty of
the said lender=
or his representatives, upon the said copy so endorsed being produced and
delivered
by the said applicant, to deliver onto him, according to the
circumstances of the case,
and as the said Court shall order, the said goods and chattels, and
either with or
without payment of the said principal monies or interest, or both
principal and inter-
est, as the circumstances of the case shall require, and the said Court
shall direct.
1'7. It shall be the duty of a Stipendiary Magistrate upon lawful
evidence being
given to his satisfaction, that there are probable grounds for believing
that any goods
or chattels have been pawned without the privity of their owner, to issue
his warrant
for searching within the hours of business any place where the said goods
and chattels
shall appear to him to be; and it shall be the duty of the lender, or his
representatives,
and of all persons in or about the said place, to give effect and be
obedient to the said
warrant; and if any of the said goods and chattels shall have been upon
such search
discovered, it shall be the duty 0f the person executing the said warrant
to take them
or cause them to be taken to the said office, there to abide the order of
the said Court.
18. Subject to the provisions hereinbefore contained for securing the
delivery of
goods and chattels to the said holder of the ticket, borrower, owner, or
other person;
the acid goods and chattels, from and after the expiration of the said
six months,. if
the same are then still unredeemed, shall become and be the property of
the said
lender and his representatives absolutely.
19. Every person applying to borrow shall, at the time of his application
in that
behalf, give to the person to whom such application is made, a full,
true, and satisfac-
tory account of himself, his name, his place of abode, the goods and
chattels, with
respect to which the said application is made, his possession thereof,
the right of
property therein, and the name and place of abode of the owner thereof;
and every
person applying to redeem any goods and chattels, or for a copy of
a-ticket, shall, at
the time of his application in that behalf, give to the person to whom
such application
is made a full, true, and satisfactory account. of himself, his name, his
place of abode;
the name and place of abode of the owner thereof, and of the
circumstances under
which such his application is made.
20. Any person to whom any application is made to borrow or redeem, or
for a:
copy of a ticket, without such full, true, and satisfactory account
having been in that
behalf given by the applicant, as in the section next immediately
preceding is specified,
or who shall have reasonable cause to suspect any unlawful practice on
the part of an
applicant in either of the above cases, is hereby required to seize and
detain any such
applicant, and empowered to call in the aid of any other person for that
purpose: yet
so as that the applicant when so seized, shall be by the person seizing
him delivered
over with all reasonable speed (together with the goods and chattels (if
any) or the,
ticket or document (if any) produced or tendered by the applicant at the
time of his
ORDINANCE N o.' 11 of -1858.
Pawnbrokers, ~rc.-Offences.
said application,) into the custody of a member of the Police Force, who
is hereby
required to receive him and convey him and the articles (if any) so
produced or
tendered as aforesaid, unto a Stipendiary Magistrate, to abide his order
and direction
as to custody, commitment to the Court of Petty Sessions, or liberation,
or otherwise.
21. Lenders and their representatives shall be liable to make good all
loss or
damage accruing to borrowers in the cases following, that is, to say :-
1. Where the goods and chattels pawned have been dispose of by the lenders
or their representatives otherwise than according to the provisions of
this Ordinance:
2. Where the same have been stolen, embezzled, or lost, before the period
for 2. In ease of
theft or loss..
the redemption thereof is elapsed:'
3. Where the same, before the said period is elapsed, have been by the
default,
neglect, or misfeasance of the lenders, their representatives, or
servants,
destroyed, damaged, or impared in value (but not otherwise, except where
division two of this section is applicable)
And in any of the said cases the Court shall allow and award the full
amount in
satisfaction of such loss or damage, to be settled and deducted or paid
in manner next
hereinafter mentioned.
22. Where the amount so allowed shall be less than the amount due from
the' How settled for.
borrower for principal monies and interest, the same shall Le deducted
from the latter,
and the said borrower shall be charged with the balance alone after
making such
deduction; and where the amount so allowed shall exceed the amount so
due, the latter
shall be in like manner deducted from the amount so allowed, and the
borrower shall
be entitled to receive from the lender or his representatives the balance
alone, after
making such last-mentioned deduction.
23. Allowances so made and awarded shall be immediately and without
condition
carried into effect by the lenders and their representatives, according
to the tenor
thereof.
24. No person sball receive any goods or chattels in pawn from, or lend
to, any
one not being of the age of twelve years at the least.
25. No person in the employment of Government, or being a member of the
family of any such person, or an agent of, or in the employment of, any
such person,
or of any member of such family, sball lend or advance or act as lender
of, any monies
under this Ordinance.
26. It shall not be lawful for any person to receive in pawn any goods or
chattels,
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.
27. No business shall be transacted at any of the said places of business
after eight Hour of business:
ef the clock in the night, or before eight of the clock in the
morning,-except only for
one week, next before the first day of the Chinese New Year.
2$. Forms of tickets and entries in books, for the purposes of this
Ordinance,
shall be notified from time to time in the Hongkong Government Gazette,
in English and
Liabilities of
lenders:
1. For Improper-
y disposing
of goods
pawned.
R. In Case &f
damage or
neglect.
Lenders to carry
into effect such
allowances.
No loans to
persons under
twelve years.
Persons In the
employment of
Government and
their families
disqualified.
Public property.
Forms of tickets
and entries to be
notified in the
ORDINANCE No. 11 ov 1858.
Pawnbrokers, 4c.-Ofemees.
Govermnent
Qarette.
1Hee Oazette 27th
August, 1809.]
'rhe court of
Petty Sessions.
renderde8ned.
Penalties:
t, Against aces,
3, 6, and 8.
'2, AgOTtat sees.
7.to 18.
3, AKaInst see.
Ifl.
Against seta.
20 and 28.
.a. Against sec.
24.
t. Against see.
2b:
Chinese; and of all such notifications cognisance shall be taken, and due
obedience
rendered. thereunto, by all persons whom they may concern, at the peril
of the .said
persons respectively.
29. All adjudications and certificates under this Ordinance, except
sections i and
2 thereof, shall be summarily had and granted by the Court of Petty
Sessions, and
enforced according to the Laws for the tune being in force for regulating
the said
Court and its practice.
30. Every person purchasing, receiving, or taking in, any goods or
chattels,
and paying money for, or advancing money upon, the same, with or under any
understanding, agreement, or condition, express, implied, or reasonably
inferable, from
tho nature or character of the dealing, or the usage in respect thereof,
that the said
goods or chattels in whole or part may be afterwards redeemed or
re-purchased upon
any terms soever, shall be deemed to be o-v lender within the meaning of
this Ordinance.
31. For violations of or defaults in obedience to this Ordinance, there
shall be
imposed the penalties following, that is to say :-
1. For every offence against section 3, section 5, or section 6, a fine
not ex-
ceeding two hundred current dollars; and moreover, for a third or tiny
subsequent offence against section 6, the forfeiture of the offender's
said
licence.
2. For every offence against either of the sections, from 7 to 16 both
inclusive,;
a fine not exceeding five hundred current dollars, together with (if the
Court shall so direct) the forfeiture of the said licence.
fi. For every offence against section 19, the penalty of imprisonment with
or without hard labour for a term not exceeding two years.
4. For every offence against section 20, or section 23, a fine not
exceeding fifty
current dollars.
i, For every offence against section 24, a fine not exceeding one hundred
current dollars, together with (if the Court shall so direct) the
forfeiture
of the said licence.
For every, offence, against section ?5, a fine not exceeding fifty current
dollars, and also (where applicable) the forfeiture of, and
disqualification
for, office under Government.
7. AQasnat.ee. 7. For every offence against section 26, a fine not
exceeding five hundred
current dollars.
B. Against sec. 8.For every offence against section 27, a flue not
exceeding one Hundred
current dollars.
Fines to be paid 32. All fines received or levied under this Ordinance,
shall be paid into the
Into Treasury.
Treasury to the use of the Crown.
Right of Appeal 33. Nothing herein contained shall affect the right of
appeal by Crown or party,-
not atYected.
against any adjudication, nor the general jurisdiction of the Supreme
Court, nor any
of the laws relating to crimes or ovences.
[Repealed by Ordinance No. 3 of If60.1
Additions to cheques on bankers.
Acceptances obtained by fraud or false pretence, and drafts &c., upon persons who have stopped payment, &c.
Pawnbrokers' and auctioneer' licences.
To be granted by the Governor in Council.
No lender to carry on another trade.
Names and business of lenders to be painted.
Inspection of books, &c., by Police.
Interest on loans.
No further profit to be made.
A General Book to be kept, and entries made, and numbered.
A supplemental book to be kept for articles not of Chinese manufacture or use.
Tickets to be delivered by the lender to the borrower.
Production on re-delivery of tickets.
The goods to given up to any person producing the ticket.
Exception of cases.
Provision for lost goods or tickets.
Search warrants may be issued.
After six months the goods, if unredeemed, to be the property of the lender.
Applicants to give true accounts ofthemselves, the goods, &c.
Duty to seize and deliver into custody applicants not giving true accounts.
Liabilities of lenders :
1. For improperly disposing of goods pawned.
2. In case of theft or loss.
3. In case of damage or neglect.
How settled for.
Lenders to carry into effect such allowances.
No loans to persons under twelve years.
Perosns in the employment of Government and their families disqualified.
Public property.
Hour of business.
Forms of tickets and entries to be notified in the
Government Gazette. [See Gazette 27th August, 1859.]
The Court of Petty Sessions.
Lender defined.
Penalties:
1. Against secs. 3, 5, and 6.
2. Against secs. 7 to 16.
3. Against sec. 19.
4. Against secs. 20 and 23.
5. Against sec. 24.
6. Against sec. 25.
7. Against sec. 26.
8. Against sec. 27.
Fines to be paid into Treasury.
Right of Appeal not affected.
Pawnbrokers,. 8yc.-- Offences.
No. 11 of 1858.
An Ordinance for the prevention of Offences touching Securities, Sales,
and Deposits.
6th July, 1858.]
E it enacted and ordained by His Excellency the Governor of Hongkong,
with the
~' advice of the Legislative Council thereof, as follows:-
1. All additions to drafts on bankers within the meaning of Ordinance No.
3 of Additions teehe-
1857, shall be deemed to be (by whomsoever and at whatsoever time the
said additionsqnea on bankers.
may be made) part of tile drafts themselves, for the purpose of the
payment thereof
respectively; and any cancellation or erasure of such additions, and
likewise any alte-
ration thereof (except for the mere purpose of filling up any blanks
therein), shall be
deemed a forgery of the said drafts respectively.
2. A person obtaining by fraud or false pretence the acceptance of a bill
of ex-
change (whether drawn by himself or any other person) from a third party,
shall (whether
the said bill so accepted remain in his hands or not) be deemed to have
obtained a
valuable security, by fraud, or (as the case may be) false pretence,
within the meaning
-of the Laws in force for the repression of the said offences; and
persons fraudulently
,obtaining movies or chattels upon or by moans of a draft order or
warrant addressed to
any person, society, company, or firm, who, to the knowledge of the
persons so obtaining
the said movies or chattels, at the time of obtaining the same, have
stopped payment
'or suspended business, shall be deemed to have obtained the said movies
or chattels
by a false pretence, and shall be punishable accordingly.
3. No person shall act as a lender of money to an amount being less than
five
hundred current dollars in any one transaction upon deposit of goods and
chattels,
unless he be then the actual holder of a pawnbroker's licence, or as a
public salesman,
unless he be then the actual holder of an auctioneer's licence.
4. Every such licence shall be granted by and at the discretion of His
Excellency in
Executive Council, on such conditions, touching fees or otherwise, as
shall be deemed
meet; and the same shall endure for one year only, but may be renewed at
the like
discretion from year to year.
5. No such lender of money as aforesaid shall, during the continuance of
his said No lender ro
. carte on another
licence, carry on any other trade or occupation in his place of business
as such leader. trade.
6. He shall cause to be painted and kept painted in large and legible
English :aa,nea and busi-
ness of lenders
letters and Chinese characters, over the door of his said place of
business his name at to be painted.
.length, and after his name the word 'Pawnbroker' (or 'Pawnbrokers' if he
be the
member of a firm of such lenders).
7, He shall, whensoever thereunto required by tile Superintendent of
Police, or
nay Inspector of Police, or by any other member of the Police Force
bearing a written
order in that behalf under the hand of the said Superintendent, produce
for the inspec-
tion of the party so-requiring him all or any goods and chattels pledged
or deposited
-with him on loan of movies, and all books arid papers relating to the
same.
Acceptances ob-
tained by fraud
or false pretence,
and drafts &c.,
anon nerFons
who have stop-
ped payment,
e.
Pawnbrokers'
and auctioneers,
licences.
To be granted
by the Governor
in Council.
Inspection of
books; &c., by
Police.:
428 ORDINANCE No. 11 of 1858.
Pawnbrokers, Ac.-00ffences.
Interest oulonnn. $, Over and above the principal movies lent upon any
goods or chattels, pawned or-
pledged with the lender, he may demand, receive, and take from the person
applying to-
redeem the said goody or chattels, before re-delivering the same to such
person, interest
upon the said principal movies for the month, anti every fractional part
of a month, after-,
such rate as shall have keen agreed upon at the time of the making of the
said loan;-
which said principal movies and interest shall be taken in full
satisfaction of all charges.
for or incident to the loan to which the same relate; yet so as that the
first month's-
intcrest shall be deemed to be due on tire first day of the first month,
unless redemption
he applied for within tile first three days thereof.
Ne'furtVCrpm- 9, Every such loan shall be hots&,fide made v; itlront
deduction out of the amount
fit to be nuule.
` expressed to be lout, anti no profit or interest over arid above the
rate aforesaid shall be
i
oil any pretext received or demanded.
A General Book 10. Before any movies shall be advanced on any yuck loan as
aforesaid, the lender--
to be kept, and
curries uuule, thereof shall enter or cause to be catered in a book, to be
by him kept for that purpose,.
and numbered.
and to be called 'The General Book,' a fair, true, and regular statement
of the nature
and <loscription, and also of tire actual condition, of the goods or
chattels upon which the-
vaid loan shall be made, and of the exact amount in value of the said
loan, and of the
exact rate of interest thereon, and of the name, description, and abode
of the borrower,,
and of the number (if any) of the place and the name (if any) of the
street of such hip
abode (distinguishing him, if the occupier of his place of abode by the
Chinese characters
,;-- ~ and by the English letter 0, and if only au inmate thereof by the
Chinegq-
characters r ~ , ~' and by, the English hotter I); and also of the like
particulars,.
(distinguished in like manner) of the name, description, and abode of
such other person
(if arty) as the said borrower shall represent to the seal lender to be
the true owner of the
said goods and chattels; and lastly, of the day of the English month and
year upof>,
which the said loan shall be made: yet so as that, before any of the said
entries shall be
made in the said crook, the said lender shall to the boat of his ability
ascertain from the
said borrower the truth thereof respectively: And' every loan, the
particulars whereof
shall have been so entered as aforesaid, shall be numbered in the said
book from number
ono progressively to the end of the month as they are received in pawn:
exempli grati&,.
the first pledge that is received in pawn after the commencement of this
Ordinance shall.
be numbered one the second two and so on progressively until the end of
'the now
instant month of July; and tire first pledge that is received in pawn in
the month of August
next, shall be in like manner numbered one and the second two and so on
progressively
until the end of that mouth: And the like regulation shall be observed in
every succeed-
ing month for ever after.
A eaPpomentttt 11. If arty of the said goods and chattels shall consist of
articles, not of Chinese
book to be kept
for rtrtieas trot manufacture, and not especially adapted for Chinese use,
the said lender shall, immediately
of Chinese maun
fhctW a or nee, before or immediately after catering such particulars . as
aforesaid in the said General.
73ook, make a second awl separate entry of the same tenor in another
book, to be kept by
lriln for that, purpose, and to be called 11 The Supplemental Book.'
ORDI\ANC.C No.- Il .oF 1$58.
Pawnbrokers, arc.-Offences.
12. Together with the full amount of the said principal monies, the
lender shall at
the time of making any such loan as aforesaid deliver to the borrower a
ticket, containing
a fair, legible, and true extract of the number of the entry of the said
loan in the said
Book, and also of the statement of the said particulars thereof so
entered as aforesaid,
and further settin- forth in a fair, legible; and true manner, the name
and description,
and abode, of the said lender, and of the street (if guy), arid of the
number (if any) of the
place of his said abode, which said ticket shall be so delivered gratis;
and if the said
borrower shall decline, neglect, or omit to accept and take the swine; it
shall not be
lawful for the said lender to receive or retain the goods and chattels
therein mentioned.
13. In order to entitle any person to redeem and re-demand from the said
lender
or his representatives the said goods and chattels, the said ticket must
be produced and
re-delivered to the said lender or his representatives by the person
applying to redeem
the same: and upon such redemption being effected, the said lender or his
representa-
tives shall fairly and legibly enter or cause to be entered on the said
ticket a true and
exact note of the amount of interest taken by or for him upon the said
principal monies,
and shall retain the same ticket in his custody for the space of twelve
months next
following the day of the making of such last-mentioned entry.
14. On the production and tender of any such ticket as aforesaid,
together with
the full amount then due for principal and interest in respect of the
loan to which the'
same refers, if made at the end of six months from the day of the making
of the said
loan, it shall be the duty of the lender therein named and his
representatives, to receive
the same, and to deliver up to the person producing and tendering the
same the goods
and chattels described in the said ticket, whether such person shall be
or not the bor-
rower therein named.
15. The section next preceding shall not extend to cases where, at or
previously
to such production and tender, the said lender or his representatives
shall have 'had
from the said borrower, or the owner of the said goods and chattels,
notice not to
deliver the same upon the said production and tender, or shall have had
knowledge or
notice that the salve have been, or are suspected to-have been,
unlawfully obtained
from or lost by the owner thereof, before the making of the said loan,
nor to tickets
as to which the borrowers shall have taken such proceedings as are
provided by the
section next immediately following:-in all which cases it shall be the
duty of the
lenders and their representatives to withhold such delivery if required,
merely upon
the production and tender aforesaid.
16. Upon the application of any person (other than the said borrower)
represent-
,ing himself to be the owner of the said goods and chattels, or of any
person (other
than the holder of the said ticket) representing himself to be the owner
thereof, and
to have lost or been unlawfully deprived of the same, it shall be the
duty of the said
lender, or his representatives, if the said goods and chattels be still
unredeemed,
forth pith to deliver to such applicant li copy of the entry in the- said
General Book,
or ,(as ,the case tray be) of the said ticket, which said applicant shall
immediately
thereupon proceed to the office of the Court hereinafter mentioned, and
obtain an
'rickets to be
denvmed by the
lender to the
borrower,
r reduction on
re-dclivcrx of
tlt,xety.
'rite goods to Lo
given up to any
person Prodav.-Inx
the ticket.
Exception of
Mot&
Provision for
lost goods or
tickets.
Search warrants
may be issued.
After six months
the cootie, fPun-
retlcemed, to be
the property of
the lender.
Applicants to
give taste ac-
cnupts of them-
selves, the goods,
&c.
Duty to seize mid
deliver 17110 CUa-
rndy applicants
not giving true
accounts.
ORDINANCE No. 11 of 1858.
Pawnbrokers, &.-0ffences.
appointment there for the purpose of verifying by lawful evidence the
truth of such
representation; and if he shall verify the same to the satisfaction of
the said Court.
within seven days then next following, and shall obtain from the said
Court a certifi-.
Gate to that effect, endorsed upon the said copy, it shall be the duty of
the said lender=
or his representatives, upon the said copy so endorsed being produced and
delivered
by the said applicant, to deliver onto him, according to the
circumstances of the case,
and as the said Court shall order, the said goods and chattels, and
either with or
without payment of the said principal monies or interest, or both
principal and inter-
est, as the circumstances of the case shall require, and the said Court
shall direct.
1'7. It shall be the duty of a Stipendiary Magistrate upon lawful
evidence being
given to his satisfaction, that there are probable grounds for believing
that any goods
or chattels have been pawned without the privity of their owner, to issue
his warrant
for searching within the hours of business any place where the said goods
and chattels
shall appear to him to be; and it shall be the duty of the lender, or his
representatives,
and of all persons in or about the said place, to give effect and be
obedient to the said
warrant; and if any of the said goods and chattels shall have been upon
such search
discovered, it shall be the duty 0f the person executing the said warrant
to take them
or cause them to be taken to the said office, there to abide the order of
the said Court.
18. Subject to the provisions hereinbefore contained for securing the
delivery of
goods and chattels to the said holder of the ticket, borrower, owner, or
other person;
the acid goods and chattels, from and after the expiration of the said
six months,. if
the same are then still unredeemed, shall become and be the property of
the said
lender and his representatives absolutely.
19. Every person applying to borrow shall, at the time of his application
in that
behalf, give to the person to whom such application is made, a full,
true, and satisfac-
tory account of himself, his name, his place of abode, the goods and
chattels, with
respect to which the said application is made, his possession thereof,
the right of
property therein, and the name and place of abode of the owner thereof;
and every
person applying to redeem any goods and chattels, or for a copy of
a-ticket, shall, at
the time of his application in that behalf, give to the person to whom
such application
is made a full, true, and satisfactory account. of himself, his name, his
place of abode;
the name and place of abode of the owner thereof, and of the
circumstances under
which such his application is made.
20. Any person to whom any application is made to borrow or redeem, or
for a:
copy of a ticket, without such full, true, and satisfactory account
having been in that
behalf given by the applicant, as in the section next immediately
preceding is specified,
or who shall have reasonable cause to suspect any unlawful practice on
the part of an
applicant in either of the above cases, is hereby required to seize and
detain any such
applicant, and empowered to call in the aid of any other person for that
purpose: yet
so as that the applicant when so seized, shall be by the person seizing
him delivered
over with all reasonable speed (together with the goods and chattels (if
any) or the,
ticket or document (if any) produced or tendered by the applicant at the
time of his
ORDINANCE N o.' 11 of -1858.
Pawnbrokers, ~rc.-Offences.
said application,) into the custody of a member of the Police Force, who
is hereby
required to receive him and convey him and the articles (if any) so
produced or
tendered as aforesaid, unto a Stipendiary Magistrate, to abide his order
and direction
as to custody, commitment to the Court of Petty Sessions, or liberation,
or otherwise.
21. Lenders and their representatives shall be liable to make good all
loss or
damage accruing to borrowers in the cases following, that is, to say :-
1. Where the goods and chattels pawned have been dispose of by the lenders
or their representatives otherwise than according to the provisions of
this Ordinance:
2. Where the same have been stolen, embezzled, or lost, before the period
for 2. In ease of
theft or loss..
the redemption thereof is elapsed:'
3. Where the same, before the said period is elapsed, have been by the
default,
neglect, or misfeasance of the lenders, their representatives, or
servants,
destroyed, damaged, or impared in value (but not otherwise, except where
division two of this section is applicable)
And in any of the said cases the Court shall allow and award the full
amount in
satisfaction of such loss or damage, to be settled and deducted or paid
in manner next
hereinafter mentioned.
22. Where the amount so allowed shall be less than the amount due from
the' How settled for.
borrower for principal monies and interest, the same shall Le deducted
from the latter,
and the said borrower shall be charged with the balance alone after
making such
deduction; and where the amount so allowed shall exceed the amount so
due, the latter
shall be in like manner deducted from the amount so allowed, and the
borrower shall
be entitled to receive from the lender or his representatives the balance
alone, after
making such last-mentioned deduction.
23. Allowances so made and awarded shall be immediately and without
condition
carried into effect by the lenders and their representatives, according
to the tenor
thereof.
24. No person sball receive any goods or chattels in pawn from, or lend
to, any
one not being of the age of twelve years at the least.
25. No person in the employment of Government, or being a member of the
family of any such person, or an agent of, or in the employment of, any
such person,
or of any member of such family, sball lend or advance or act as lender
of, any monies
under this Ordinance.
26. It shall not be lawful for any person to receive in pawn any goods or
chattels,
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.
27. No business shall be transacted at any of the said places of business
after eight Hour of business:
ef the clock in the night, or before eight of the clock in the
morning,-except only for
one week, next before the first day of the Chinese New Year.
2$. Forms of tickets and entries in books, for the purposes of this
Ordinance,
shall be notified from time to time in the Hongkong Government Gazette,
in English and
Liabilities of
lenders:
1. For Improper-
y disposing
of goods
pawned.
R. In Case &f
damage or
neglect.
Lenders to carry
into effect such
allowances.
No loans to
persons under
twelve years.
Persons In the
employment of
Government and
their families
disqualified.
Public property.
Forms of tickets
and entries to be
notified in the
ORDINANCE No. 11 ov 1858.
Pawnbrokers, 4c.-Ofemees.
Govermnent
Qarette.
1Hee Oazette 27th
August, 1809.]
'rhe court of
Petty Sessions.
renderde8ned.
Penalties:
t, Against aces,
3, 6, and 8.
'2, AgOTtat sees.
7.to 18.
3, AKaInst see.
Ifl.
Against seta.
20 and 28.
.a. Against sec.
24.
t. Against see.
2b:
Chinese; and of all such notifications cognisance shall be taken, and due
obedience
rendered. thereunto, by all persons whom they may concern, at the peril
of the .said
persons respectively.
29. All adjudications and certificates under this Ordinance, except
sections i and
2 thereof, shall be summarily had and granted by the Court of Petty
Sessions, and
enforced according to the Laws for the tune being in force for regulating
the said
Court and its practice.
30. Every person purchasing, receiving, or taking in, any goods or
chattels,
and paying money for, or advancing money upon, the same, with or under any
understanding, agreement, or condition, express, implied, or reasonably
inferable, from
tho nature or character of the dealing, or the usage in respect thereof,
that the said
goods or chattels in whole or part may be afterwards redeemed or
re-purchased upon
any terms soever, shall be deemed to be o-v lender within the meaning of
this Ordinance.
31. For violations of or defaults in obedience to this Ordinance, there
shall be
imposed the penalties following, that is to say :-
1. For every offence against section 3, section 5, or section 6, a fine
not ex-
ceeding two hundred current dollars; and moreover, for a third or tiny
subsequent offence against section 6, the forfeiture of the offender's
said
licence.
2. For every offence against either of the sections, from 7 to 16 both
inclusive,;
a fine not exceeding five hundred current dollars, together with (if the
Court shall so direct) the forfeiture of the said licence.
fi. For every offence against section 19, the penalty of imprisonment with
or without hard labour for a term not exceeding two years.
4. For every offence against section 20, or section 23, a fine not
exceeding fifty
current dollars.
i, For every offence against section 24, a fine not exceeding one hundred
current dollars, together with (if the Court shall so direct) the
forfeiture
of the said licence.
For every, offence, against section ?5, a fine not exceeding fifty current
dollars, and also (where applicable) the forfeiture of, and
disqualification
for, office under Government.
7. AQasnat.ee. 7. For every offence against section 26, a fine not
exceeding five hundred
current dollars.
B. Against sec. 8.For every offence against section 27, a flue not
exceeding one Hundred
current dollars.
Fines to be paid 32. All fines received or levied under this Ordinance,
shall be paid into the
Into Treasury.
Treasury to the use of the Crown.
Right of Appeal 33. Nothing herein contained shall affect the right of
appeal by Crown or party,-
not atYected.
against any adjudication, nor the general jurisdiction of the Supreme
Court, nor any
of the laws relating to crimes or ovences.
[Repealed by Ordinance No. 3 of If60.1
Additions to cheques on bankers.
Acceptances obtained by fraud or false pretence, and drafts &c., upon persons who have stopped payment, &c.
Pawnbrokers' and auctioneer' licences.
To be granted by the Governor in Council.
No lender to carry on another trade.
Names and business of lenders to be painted.
Inspection of books, &c., by Police.
Interest on loans.
No further profit to be made.
A General Book to be kept, and entries made, and numbered.
A supplemental book to be kept for articles not of Chinese manufacture or use.
Tickets to be delivered by the lender to the borrower.
Production on re-delivery of tickets.
The goods to given up to any person producing the ticket.
Exception of cases.
Provision for lost goods or tickets.
Search warrants may be issued.
After six months the goods, if unredeemed, to be the property of the lender.
Applicants to give true accounts ofthemselves, the goods, &c.
Duty to seize and deliver into custody applicants not giving true accounts.
Liabilities of lenders :
1. For improperly disposing of goods pawned.
2. In case of theft or loss.
3. In case of damage or neglect.
How settled for.
Lenders to carry into effect such allowances.
No loans to persons under twelve years.
Perosns in the employment of Government and their families disqualified.
Public property.
Hour of business.
Forms of tickets and entries to be notified in the
Government Gazette. [See Gazette 27th August, 1859.]
The Court of Petty Sessions.
Lender defined.
Penalties:
1. Against secs. 3, 5, and 6.
2. Against secs. 7 to 16.
3. Against sec. 19.
4. Against secs. 20 and 23.
5. Against sec. 24.
6. Against sec. 25.
7. Against sec. 26.
8. Against sec. 27.
Fines to be paid into Treasury.
Right of Appeal not affected.
Abstract
Additions to cheques on bankers.
Acceptances obtained by fraud or false pretence, and drafts &c., upon persons who have stopped payment, &c.
Pawnbrokers' and auctioneer' licences.
To be granted by the Governor in Council.
No lender to carry on another trade.
Names and business of lenders to be painted.
Inspection of books, &c., by Police.
Interest on loans.
No further profit to be made.
A General Book to be kept, and entries made, and numbered.
A supplemental book to be kept for articles not of Chinese manufacture or use.
Tickets to be delivered by the lender to the borrower.
Production on re-delivery of tickets.
The goods to given up to any person producing the ticket.
Exception of cases.
Provision for lost goods or tickets.
Search warrants may be issued.
After six months the goods, if unredeemed, to be the property of the lender.
Applicants to give true accounts ofthemselves, the goods, &c.
Duty to seize and deliver into custody applicants not giving true accounts.
Liabilities of lenders :
1. For improperly disposing of goods pawned.
2. In case of theft or loss.
3. In case of damage or neglect.
How settled for.
Lenders to carry into effect such allowances.
No loans to persons under twelve years.
Perosns in the employment of Government and their families disqualified.
Public property.
Hour of business.
Forms of tickets and entries to be notified in the
Government Gazette. [See Gazette 27th August, 1859.]
The Court of Petty Sessions.
Lender defined.
Penalties:
1. Against secs. 3, 5, and 6.
2. Against secs. 7 to 16.
3. Against sec. 19.
4. Against secs. 20 and 23.
5. Against sec. 24.
6. Against sec. 25.
7. Against sec. 26.
8. Against sec. 27.
Fines to be paid into Treasury.
Right of Appeal not affected.
Acceptances obtained by fraud or false pretence, and drafts &c., upon persons who have stopped payment, &c.
Pawnbrokers' and auctioneer' licences.
To be granted by the Governor in Council.
No lender to carry on another trade.
Names and business of lenders to be painted.
Inspection of books, &c., by Police.
Interest on loans.
No further profit to be made.
A General Book to be kept, and entries made, and numbered.
A supplemental book to be kept for articles not of Chinese manufacture or use.
Tickets to be delivered by the lender to the borrower.
Production on re-delivery of tickets.
The goods to given up to any person producing the ticket.
Exception of cases.
Provision for lost goods or tickets.
Search warrants may be issued.
After six months the goods, if unredeemed, to be the property of the lender.
Applicants to give true accounts ofthemselves, the goods, &c.
Duty to seize and deliver into custody applicants not giving true accounts.
Liabilities of lenders :
1. For improperly disposing of goods pawned.
2. In case of theft or loss.
3. In case of damage or neglect.
How settled for.
Lenders to carry into effect such allowances.
No loans to persons under twelve years.
Perosns in the employment of Government and their families disqualified.
Public property.
Hour of business.
Forms of tickets and entries to be notified in the
Government Gazette. [See Gazette 27th August, 1859.]
The Court of Petty Sessions.
Lender defined.
Penalties:
1. Against secs. 3, 5, and 6.
2. Against secs. 7 to 16.
3. Against sec. 19.
4. Against secs. 20 and 23.
5. Against sec. 24.
6. Against sec. 25.
7. Against sec. 26.
8. Against sec. 27.
Fines to be paid into Treasury.
Right of Appeal not affected.
Identifier
https://oelawhk.lib.hku.hk/items/show/129
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 11 of 1858
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PAWNBROKERS, & c. -- OFFENCES ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 23, 2024, https://oelawhk.lib.hku.hk/items/show/129.
