PAWNBROKERS ORDINANCE

PAWNBROKERS ORDINANCE

and certain
-sectionsof -
No. 14 of 1845.

Pawnbrokers'
licences.

Licences to be
granted by
the Governor
in Council.

ORDINANCE NO. 3 OF 1860.

Pawnbrokerx.

No. 3 of 1860.

An Ordinance for al-nending and consolidating the Law respect I -
ling Pawnbrokers.

[16th April, 1860.]

BE it enacted and ordained by His Excellency the Governor of Hong
kong, withtheadviee of the Legislative Council thereof, asfollows:-

'Repeal of 1. Ordinance No. 11 of 1858 is hereby repealed, and also sectiow
-Ordinance
No. 11 of lsrs,17, 28, 29, and 30, of No. 14 of 1845, so far as the same
concern or relate

to pawnbrokers.

2. No person shall use or exercise the trade or business of a pawn-
broker unless he be then the holder of a pawnbroker's licence.

3. Every such licence shall be granted by and. at tile 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.

Pal*nbrokeTg 4. No such pawnbroker shall, during tile continuance of his
said

' to carry on no
other yradocn licence, carry on any other trade or occupation in his
place of business as

-the same pro-
mises. such pawnbroker, except that of pawnbroking, and the sale of pledges
forfeited under the provisions of this Ordinance.

Name and 6, He shall cause to be painted and kept painted in large and
legible
,calling English letters and Chinese characters, over the door of his said
place 4~
to be painted

over place of business, his came at length, and after his name the word '
Pawnbroker.''

business. '
Inspection of ` g, He shall, whensoever thereunto required by the
Superinterlde>t
gAc oods, books, of Police, or any 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 inspection of the party so requiring him
all. or any goods pledged or deposited with him, and all books and papers
relating to'the same.

Interest on 7, Over and-2bove the principal monies lent upon any goods,
pawned
loans.
or pledged with the lender, he may demand, receive, and take from the
person 'applying to redeem the said goods, before re-delivering the same,
interest for the month, and every fractional part of a month, after such
rate as shall have been agreed upon at the time o£ the making of the said
loan ; which said principal movies and interest shall be taken in full
satin-
faction of all charges for or incident to the loan to which the same
relate:
Yrovicled. Nevertheless, that the first month's interest shall be
deemed.-tQ
ORDINANCE No. 3 -oF ,18-60.

.Pawnbrokers.

-be due on the first day of the first month, and may be deducted from the
amount of loan agreed upon.

8. Before any monies shall be advanced on any such loan as afore- Books
to be
said the lender thereof shall enter or cause to be entered in a book to
be kept by
pawnbrokers.
by him kept for that purpose, and to be called ' The General Book,' a
fair and le;ible statement according to the form in the schedule (A)
hereunto annexed.

9. The lender shall at the time of making any such loan as aforesaid
Ticket to be

givern by.
eliver to the borrower a ticket, containin(y a true and legible
statement pa~nl>roker.
to the
according to the form in the schedule (B) hereunto annexed. borrower.

10. In order to entitle any person to redeem from the lender or his
representatives the goods pledged, the picket must be returned to the
lender
or his representatives by the person applying to redeem the goods, except
.as provided for in section 13 of this Ordinance.

11. On the tender of any such ticket as aforesaid, together with the the
goods to
be given up to
full amount then due for principal and interest, if made within three
months any person,
from the day of the making of the loan, or within the further term
allowed t'.`k~cin the
by section 15, it shall be the duty of the lender or his representatives
to
..deliver up to the person tendering the ticket the goods described
therein.

12. The section next precedin; shall not extend to cases where, at
Exceptional
or previously to such tender, the lender or his representatives shall
have ''es'
had frow the borrower, or the owner of the said goods, notice not to
-deliver the same, or shall have had knowledge or notice that the same
,have been, or are suspected to have been, unlawfully obtained Xrom, or
lost by the owner; nor to tickets as to which the borrowers shall have
taken such proceedings as are provided by tile section next immediately
-.following: in all which cases it shall be the duty of the lenders or
their

representatives to withhold the goods.

13. Upon the application of any person representing himself to be
-the borrower or the owner of the said goods or ticket, 4s the case may
bg,
.and to have lost or been unlawfully deprived of the salrie, it shall be
the
duty of the lender, or his representatives, if the goods be still
unredeemed
--or unsold, forthwith to deliver to such applicant a copy of the entry in
;the General: Book, and the said applicant shall immediately thereupon
;proceed to the Court hereinafter mentioned, and obtain an appointment
there-for -the purpose of verifying by lawful evidence the truth of such
presentation ., _., And if he shall verify the same to the satisfaction
of the

Production of
goods on re-
delivery of
ticket.

Provision for
cases of lost
goods or
ticket.
ORDINANCE No. 3 of 1860.

Pawnbrokers.

Court within seven days then next following, and shall obtain a
certificatQ-
to that effect, endorsed upon the said copy, it shall be the duty of the-
lender or his representatives, upon the copy so endorsed being delivered
by,
tle said applicant, to deliver unto him according to the circumstances of
the case, and as the Court shall order, another ticket or the goods,
either
with or without payment of the principal monies or interest, or both
.prin-
cipal and interest, as the Court shall direct.

14. 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 have been pawned without the privity of
their,
owner, to issue his warrant for searching any place where the goods shall
appear to him to be; and if any of the goods shall upon such search be
discovered, 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 Court.

15. Subject to the provisions hereinbefore contained, foods pawned
as aforesaid shall from and after the expiration of three months, if the
swme are then still unredeemed, become and be the property of the lender
or his representatives absolutely. Provided nevertheless, that if at the
expiration of three months the borrower shall be desirous of continuing
the loan for a further period not exceeding three months, he .shall be
entitled so to do on paying the interest then due; and an entry to this:
effect. shall be made in the boob and endorsed on the ticket.

16. Every person applying to borrow shall, at the tine of his appli-
cation in that behalf, dive to tile pawnbroker to whom such application is
made true information to enable him to comply with the requirements of
sections 8 and 9 ; And every person applying to redeem hoods, or for a
copy of an entry shall, at the time of his application, dive to the
person t&
whom such application is made a full and true account of himself, his:
name, his place of abode, the name and place of abode of the owner, and
of the circumstances under which his application is made; And no person
shall pawn, or attempt to pawn, the foods of any other person without
being duty authorized or employed in that behalf.

ll. Any pawnbroker to whom any application is made to borrow or
redeem, or for a copy of an entry who shall have reasonable cause to
suspect-
an y unlawful practice on the part. of the applicant in any of the above-'

cases, is hereby required to seize and detain such applicant, and empower-
ed to call in the aid of any other person for that purpose; and every-.

Search war-
rants.

Unredeemed
goods-to
becomo the
proporty of
the pNwn-
riroker.

Applicants
for loans to
give tract
accounts of
themselves,
the goods, Sac.

No unauthor-
ized person
or other than
owner to
pledge any
goods.

Duty to seize
and deliver

into custody
applicants for
loans not giv-
ing true ac-
counts.
ORDINANCE No. 3 or 1860.

Pawnbrokers.

person so seized shall, with all reasonable speed, be delivered into the
custody of a Police constable who is hereby required to convey him before
u. Magistrate.

18. Pawnbrokers and their representatives shall be liable to make
Liabilities of
hatvubrokors.
good all loss or damage accruing to borrowers in the cases following,
that is to say :-
l. Where the goods pawned have been stolen, embezzled, lost,
or otherwise improperly disposed of, before the period for
the redemption thereof shall have elapsed.
2. Where the goods, before the said period has elapsed, shall,
by the default, neglect or misfeasance of the lenders, their
representatives or servants, have been destroyed, damaged
or impaired in value.
In any of the said cases the Court 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.

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

'20. 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.
21. No goods shall be pawned or redeemed before sip. of the clock
in the morning, or after eight of the clock in the night.

22. All ad,tudlcatlpns, and certificates under -this Ordinance, shall
be summarily had and granted by the Court of Petty Sessions,* and
enforced according to the laws for the time being in force, for regulating
the said Court and its practice.

2$. Every person purchasing, receiving, or taking in, any goods
and paying money for, or advancing money upon, the same, to an amount
not exceeding five hundred current dollars, with or under any under=
taking, agreement, or condition, express, implied, or reasonably
inferrible,
from the nature or character of the dealing, or the usage in respect
thereof,
that the said goods in whole or part may be afterward redeemed or re-
purchased upon any terms soever, shall be deemed to be a pawnbroker
-,ri,thin the meaning of this Ordinance.

\o loans to
persons under
ten yca.ivs of -
age.
Property of
the Crown riot'
to be taken in
prawn.

I-lours of bn-
ainess.

Jurisdiction,
of the Court
of Petty
SesFiout3.
[*ed Lolixltrrl
by Ord. Nn. G

qfzsG2.7

I'annbroker
defined.

24. For offences against this Ordinance, there shall be imposed the Fenw,
tug.,
penalties foltowin, that is to say:-
0
0-II,DINAlfCE ho. ~3 of 1860.

Pauinbrohers.

2.

4.

For every offence against sections 2, 4, 5, 6, and sections
8 to 13, both inclusive, a fine not exceeding two hundred
current dollars, toaether with the forfeiture of the offender's.
licence if the Court shall so direct.
For every offence against section 1G, the penalty of impri-
sonment with or without hard labour for a term not exceed-
ing two years.

3. For every offence against section 17, or section 19, a fine not.
exceeding fifty current dollars, together with (if the Court
shall so direct) the forfeiture of the licence.

For every offence against section 20, a fine not exceeding five
hundred current dollars, and forfeiture of the licence, if the
Court shall so direct.

For every offence against section 21, a fine not exceeding
one hundred current dollars.

Tines to be 25, X111 fines received or levied under this Ordinance, shall
be paid paid into
Colonial into the Colonial Treasury to the use of the Crown.
Treasury.
p- fig, Nothing herein c.tained shall affect the right of appeal against

pAaT; jurisdio
tianofthee3u- any adjudication, nor the j>risdiction of the Supreme
Court, nor any o£`

prome. Court,
and laws re-
lating to
crimes, &c.,
not' affected.

tile laws relating to crimes or offences.

SCHEDULE (A.)
FORM OF ENTRY IN 1300K.
The Month of Year of

No. of Day of the Borrower. Place of abode of ~ Description of Amount of Rate
of
Lean. Chinese Month. Borrower. Article. Loan. i Interest.
i

NOM-Numbers of loans to continue through one month, and to commence anew
with each,
succeeding month.

SCHEDULE (I3.)

FUR:1'f OP' PAWN TICKET.

A.B., No.

( yr A.B. & Co., No.

The day of

Pawnbroker.

1\0, of Loan. l Description of Article. Amount of Loan.

Street,

Pczwnbrolurs.

Street),

Month of Year of

Rate of Interest,

Name and Abode of
Borrower.

[So nauclz of the Ordinance as is inconsistent with Ordinance x'4'0. 13
0f,188i`

repealed by Ordinance 110. 13 of 18E%.]
Repeal of Ordinance No. 11 of 1858, and certain sections of No. 14 of 1845.
Pawabrokers' licences.
Licences to be granted by the Governor in Council.
Pawnbrokers to carry on no other trade on the same premises.
Name and calling of pawnbroker to be painted over place of business.
Inspection of goods, books, &c.
Interest on loans.
Books to be kept by pawnbrokers.
Ticket to be given pawnbroker to the borrower.
Production of goods on redelivery of ticket.
The goods to be given up to any person producing the ticket.
Exceptional cases.
Provision for cases of lost goods or ticket.
Search warrants.
Unredeemed goods to become the property of the pawnbroker.
Applications for loans to give true accounts of themselves, the goods, &c.
No unauthorized person or other than owner to pledge any goods.
Duty to seize and deliver into custody applicants for loans not giving true accounts.
Liabilities of pawnbrokers.
No loans to persons under ten years of age.
Property of the Crown not to be taken in pawn.
Hours of business.
Jurisdiction of the Court of Petty Sessions.
[* Abloished by Ord. No. 6 of 1862.]
Pawnbroker defined.
Penalties.
Fines to be paid into Colonial Treasury.
Right of appeal, jurisdiction of the Supreme Court, and laws relating to crimes, &c,. not affected.

Repeal of Ordinance No. 11 of 1858, and certain sections of No. 14 of 1845.
Pawabrokers' licences.
Licences to be granted by the Governor in Council.
Pawnbrokers to carry on no other trade on the same premises.
Name and calling of pawnbroker to be painted over place of business.
Inspection of goods, books, &c.
Interest on loans.
Books to be kept by pawnbrokers.
Ticket to be given pawnbroker to the borrower.
Production of goods on redelivery of ticket.
The goods to be given up to any person producing the ticket.
Exceptional cases.
Provision for cases of lost goods or ticket.
Search warrants.
Unredeemed goods to become the property of the pawnbroker.
Applications for loans to give true accounts of themselves, the goods, &c.
No unauthorized person or other than owner to pledge any goods.
Duty to seize and deliver into custody applicants for loans not giving true accounts.
Liabilities of pawnbrokers.
No loans to persons under ten years of age.
Property of the Crown not to be taken in pawn.
Hours of business.
Jurisdiction of the Court of Petty Sessions.
[* Abloished by Ord. No. 6 of 1862.]
Pawnbroker defined.
Penalties.
Fines to be paid into Colonial Treasury.
Right of appeal, jurisdiction of the Supreme Court, and laws relating to crimes, &c,. not affected.

https://oelawhk.lib.hku.hk/items/show/143

1890

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No. 3 of 1860

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