PAWNBROKERS ORDINANCE, 1930

PAWNBROKERS ORDINANCE, 1930

No. 16 of 1930.

An. Ordinance to amend the law relating to pawnbrokers.

[17th October, 1930.]

1. This Ordinance may be cited as the Pawnbrokers
Ordinance, 1930.

2. In this Ordinance-
(a) ' Month ' means a Chinese lunar month;

As amended by No. 25 of 1930 [5.12.30].
Pawnbrokers are, in respect of business carried on by them in accordance
with the provisions of this Ordinance, exempted from the Money-
lenders Ordinance, 1911 : see No. 16 of 1911, s. 6 (1).
The forms, scale of fees and list of special rates formerly contained in
the Schedules to this Ordinance have been transferred to the corres-
ponding volume of the Regulations of Hong Kong.
As amended by Law Rev. Ord., 1939, Supp. Sched.





(b) ' Pawnbroker ' includes every person who carries on
the business of taking goods and chattels in pawn, or who
purchases, receives or takes in any goods or chattels, and pays
money for or advances money upon the same, with or under
any undertaking, agreement or condition, express, implied or
reasonably to be inferred from the nature or character of the
dealing or the usage in respect thereof, that the said goods or
chattels in whole or in part may be afterwards redeemed or
repurchased upon any terms whatsoever.

3. It shall be lawful for the Governor in Council to make
regulations-

(a) for prescribing the conditions under which pawnbrokers'
licences shall be granted or renewed or revoked;

(b) for prescribing the fees to be paid for such licences and
for the renewal of such licences

(c) for prescribing the forms of such licences

(d) for prescribing the books and documents to be kept by
pawnbrokers and the particulars to be noted therein

(e) for prescribing and altering the maximum rates of
interest to be charged by pawnbrokers;

(f) for prescribing and limiting the number of pawnbrokers'
shops that may be allowed in any area;

(g) for prescribing the form of the pawn ticket and the
particulars to be stated therein;

(h) for prescribing the forms to be used under this
Ordinance;

(i) for prescribing the hours during which the business of
pawnbroking may be carried on

(j) for the storage and safe keeping of pledges; and

(k) generally for more effectively carrying out the provi-
sions of this Ordinance.

4. For the purposes of this Ordinance anything done or
omitted by the servant or agent of a pawnbroker in the course

As amended by Law Rev. Ord., 1939, Supp. Sched.





of or in relation to the business of the pawnbroker shall be
deemed to be done or omitted (as the case may be) by the
pawnbroker; and anything by this Ordinance authorized to be
done by a pawnbroker may be done by his servant or agent.

5. The rights, powers and benefits by this Ordinance
reserved to and conferred on pawners shall extend to and be
deemed to be reserved to and conferred on the assigns of
pawners and to and on the executors or administrators of
deceased pawners; but any person representing himself to a
pawnbroker to be the assign, executor or administrator of a
pawner shall, if required by the pawnbroker, produce to the
pawnbroker the assignment, probate, letters of administration
or other instrument under which he claims.

6. Nothing in this Ordinance shall apply to a loan by a
pawnbroker of above five hundred dollars, or to the pledge on
which the loan is made, or to the pawnbroker or pawner in
relation to the loan or pledge; and notwithstanding anything in
this Ordinance a person shall not be deemed a pawnbroker by
reason only of his paying, advancing or lending on any terms
any sum or sums of above five hundred dollars.

7. No person shall carry on the trade or business of a
pawnbroker in any premises except under and in accordance
with a valid pawnbroker's licence in respect thereof on which
any fees then due have been paid.

8.-(1) Every such licence shall (subject to a right of
appeal to the Governor in Council) be granted or renewed by
and at the discretion of the Commissioner of Police on such
conditions touching fees or otherwise as may be prescribed by
the Governor in Council, and in the meanwhile, subject to the
payment of the fees set forth in the scale of fees in the Regula-
tions.

(2) A licence shall be valid for one year only commencing
on the date on which it is issued ; but it 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 licensee is unwilling to pay the whole fee in

As amended by Law Rev. Ord., 1939, Supp. Sched.





advance it shall be lawful for him to pay it in quarterly instal-
ments in advance on finding security for such instalments to
the satisfaction of the Secretary for Chinese Affairs.

9. No pawnbroker shall during the continuapce of his
licence carry on any 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.

10. 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 or
his firm's name at length, with the addition of the word
' Pawnbroker ' after the English name and the word IT after
the Chinese name.

11. Every pawnbroker shall, whenever required by the
Commissioner of Police or by any police officer not below the
rank of sergeant, or by any, constable authorized thereto in
writing by the Commissioner either generally or for a particular
occasion or for particular premises, produce for the inspection
of the person so requiring him all or any goods pawned or
deposited with him and all books and papers relating to the
same.

12. Every pawnbroker may demand, receive and take simple
interest, over and above the principal paid or advanced by him
upon any goods pawned with him, from the person applying to
redeein the said goods, before redelivering the same, at the
following rates or at such other rates as may from time to time
be prescribed by the Governor in Council :
First Succeeding
month. months.
On any sum-
not exceeding $1 ..........10% 3%
exceeding-
$ 1 and not exceeding $7 8% 3%
$7 $14 5% 3%
$14 $42 3% 2%
$42 $140 2% 2%
1 1/2%
$140..................................................... 2%

As amended by Law Rev. Ord., 1939, Supp. Sched.





Provided that, in the case of the special classes of goods set
forth in the Regulations the special rates of interest there set
forth may subject to alteration by the Governor in Council be
charged by the pawnbroker in lieu of the foregcing rates.

The first month's interest shall be deemed to be due on the
first day of the first month of the loan and shall be deducted
from the amount of the loan.

The principal and interest shall be accepted by the pawn-
broker in full satisfaction of all charges for or incidental to the
loan to which the same relate, and no pawnbroker shall demand
interest in excess of the authorized rate or shall charge com-
pound interest.

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

No loan shall be made by any pawnbroker, and no interest
on loans shall be charged by him, in any currency other than
the currency of the Colony.

13. Every Pawnbroker shall before advancing any money
on loan enter or cause to be entered in a book to be kept by him
for that purpose, and to be called the general book, a legible
statement according to Form No. 1 in the Regulations or its
equivalent in Chinese or such other form as may hereafter be
substituted by the Governor in Council. If a Chinese form is
used the rate of interest shall be denoted by a chop.

14. 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 Regulations or its
equivalent in Chinese or such other form as may hereafter be
substituted by the Governor in Council. If a Chinese form is
used the rate of interest shall be denoted by a chop.

15. In order to entitle any person to redeem from the pawn-
broker the goods pawned, the ticket must be returned to the
pawnbroker by the person applying to redeem the goods, except
as provided for in section 18.

As amended by Law Rev. Ord., 1939, Supp. Sched.





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

17. Section 16 shall not apply to cases where, on or before
such tender, the pawnbroker has had from the borrower or the
owner of the 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 18, in all which cases the pawnbroker
shall withhold the goods.

18.-(1) On the application of any person representing
himself to be the borrower or the owner of the goods or ticket,
as the case may be, and to have lost or been unlawfully deprived
of the same, the pawnbroker shall, if the goods are still
unredeemed or unsold, forthwith 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 shall
verify such representation by written information on oath before
such magistrate.

(2) If the said applicant verifies such representation to the
satisfaction of the magistrate and obtains a certificate to that
effect, indorsed upon the said copy, the pawnbroker shall, on the
copy so indorsed being delivered by the said applicant, deliver
to him, according to the circumstances of the case and as the
magistrate may order, another ticket or the goods, either with
or without payment of the principal or interest or both principal
and interest, as the magistrate may direct.

19. A magistrate shall, upon written information on oath
being laid before him that there are probable grounds for
believing that any goods have been pawned without the privity
of their owner, issue his warrant for searching any place where

As amended by Law Rev. Ord., 1939, Supp. Sched.





the goods may appear to him to be; and if any of the goods are
discovered upon such search, the person executing the warrant
shall take them or cause them to be taken into safe keeping to
abide the order of a magistrate.

20. Sub ject to the provisions of this Ordinance, goods
pawned shall, from and after the expiration of the authorized
period mentioned in section 16, become, if the same are
unredeemed, the property of the pawnbroker absolutely:
Provided nevertheless that if before the expiration of any such
period the borrower is desirous of continuing the loan for a
further period not exceeding eight months, or twelve months,
as the case may be, the pawnbroker shall allow him to do so
on his paying the interest then due. In any such case a new
ticket shall be issued and a new entry shall be made in the
general book.

21.-(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 so as to enable him to
comply with the requirements of sections 13 and 14.

(2) Every person applying to redeem goods or for a copy
of an entry shall at the timi of his application give to the person
to 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 the circumstances under which his
application is made.

22. No person shall pawn or attempt to pawn the goods of
any other person withnut being duly authorized or ernployed in
that behalf.

23. Every pawnbroker to whom any application is inade to
borrow or redeem, or for a copy of an entry, who has reasonable
cause to suspect any unlawful conduct on the part of the
applicant in any of the above cases, is hereby required to seize
and detain such applicaht and is 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.

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





(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 pawnbroker been
destroyed, damaged or impaired in value.

(2) In any of the said cases a 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.

(3) A pawnbroher shall not be responsible for damage
caused by fire, rats, insects or other causes not attributable to
his default.

25. No pawnbroker shall receive any goods in pawn from.
any person apparently under the age of fourteen years.

26. 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.

27. Subject to any regulation made under this Ordinance by
the Governor in Council, no goods shall be pawned or redeemed
before 6 a.m. or after 8 p.m.

28.-(1) In each of the following erases that is to say-

(a) if any person is convicted of feloniously taking or
fraudulently obtaining any goods, and it appears to a court or
magistrate that the same have been pawned with a pawn-
broker, or

(b) if in any proceedings before a court or magistrate it
appears that any goods brought before such court or magistrate
have been unlawfully pawned with a pawnbroker,

the court or magistrate, on proof of the ownership of the goods,
may order either the delivery or the non-delivery thereof to the
owner, on payment to the pawnbroker of the amount of the loan

As amended by Law Rev. Ord., 1939, Supp. Sched.





advanced by him thereon and the interest due, or on payment
of any part of such loan or interest, or without payment of any
part of such loan or interest, as to the court or magistrate,
according to the conduct of the owner and the pawnbroker and
the other circumstances of the case, may seem just and fitting.

(2) No such order shall be made by the court or magistrate
unless the pawnbroker and the owner have been given an
opportunity of being heard.

(3) Notwithstanding anything contained in section 66 of
the Larceny Ordinance, 1935, or in section 24 of the Sale of
Goods Ordinance, 1896, any such order made by the court or
magistrate shall bar any civil remedy which the owner would
have had for the recovery of the goods, and the owner shall not
be entitled to claim the return of the goods from the pawnbroker
except in accordance with the terms of such order.

29.-(1) Every person who contravenes any of the provi-
sions of section 22 of this Ordinance shall upon summary
conviction be liable to a fine not exceeding two hundred and fifty
dollars and to imprisonment for any term not exceeding six
months.

(2) Every person who contravenes any of the other provi-
sions of this Ordinance, or who contravenes the provisions of
any regulation made under this Ordinance, shall upon summary
conviction be liable to a fine not exceeding two hundred and
fifty dollars.

No. 17 of 1930, incorporated in No. 9 of 1899.

No. 18 of 1930, repealed by No. 7 of 1935.

No. 19 of 1930, repealed by Law Revision
Ordinance, 1039, supp. Sched.

No. 20 of 1930, repealed by No. 37 of 1932.

No. 21 of 1930, incorporated in No. 2 of 1807.

No. 22 of 1930, repealed by No. 40 of 1932.

As amended by Law Rev. Ord., 1939, Supp. Sched,
[Originally No. 16 of 1930. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. [cf. 35 & 36 Vict. c. 93, s. 5.] Regulations. Servant agent, etc., of pawn-brokers. 34 & 36 Vict. C. 93, s. 8. Assigns, executors, etc., of pawners. 35 & 36 Vict. C. 93, s. 9. Non-application to loans above $500. [cf. 35 & 36 Vict. C. 93, s. 10] Licence. [cf. 35 & 36 Vict. C. 93, s. 37.] Grant and duration of licence. Regulations. Restriction of trade to pawn-broking. Notification of name and nature of business [cf. 35 & 36 Vict. C. 93, s. 13 (1).] Inspection of goods, books, etc. Interest on loans. Regulations. List of reates to be exposed in the ship. Loans and interest must be in loacal currency. Book to be kept by pawnbroker. [cf. 35 & 36 Vict. C. 93, s. 12.] Regulations. Form No. 1. Ticket to be given to borrower. [cf. 35 & 36 Vict. C. 93, s. 14.] Regulations. Form No. 2. Return of ticket on redelivery of goods. [cf. 35 & 36 Vict. c. 93, s. 26.] Delivery of goods on production of ticket and repayment. [cf. 35 & 36 Vict. C. 93, s. 25.] Exceptions to duty to deliver goods. Protection of owners and of pawners not having pawntickets. [cf. 35 & 36 Vict. c. 93, s. 29] 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. Unlawful pawning. [cf. 35 & 36 Vict. c. 93, s. 33.] Pawnbroker to seize applicant suspected of unlawful conduct. [cf. 35 & 36 Vict. C. 93, s. 34 and No. 13 of 1919, s. 15.] Liability of pawnbroker in respect of loss or damage. [cf. 35 & 36 Vict. c. 93, ss. 27, 28, 32 (8).] Pawning by children. 23 Geo. 5, c 12, s. 8. Taking in pawn goods with certain marks. Hours of business. Delivery to owner of property unlawfully pawned, with or without compensation to pawnbroker. 35 & 36 Vict. c. 93 s. 30. Ordinances Nos. 32 of 1935 and 4 of 1896. Penalties. [cf. 35 & 36 Vict. C. 93, ss. 33, 45.] [1.1.36.] [1.1.33.] [1.1.33.]

[Originally No. 16 of 1930. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. [cf. 35 & 36 Vict. c. 93, s. 5.] Regulations. Servant agent, etc., of pawn-brokers. 34 & 36 Vict. C. 93, s. 8. Assigns, executors, etc., of pawners. 35 & 36 Vict. C. 93, s. 9. Non-application to loans above $500. [cf. 35 & 36 Vict. C. 93, s. 10] Licence. [cf. 35 & 36 Vict. C. 93, s. 37.] Grant and duration of licence. Regulations. Restriction of trade to pawn-broking. Notification of name and nature of business [cf. 35 & 36 Vict. C. 93, s. 13 (1).] Inspection of goods, books, etc. Interest on loans. Regulations. List of reates to be exposed in the ship. Loans and interest must be in loacal currency. Book to be kept by pawnbroker. [cf. 35 & 36 Vict. C. 93, s. 12.] Regulations. Form No. 1. Ticket to be given to borrower. [cf. 35 & 36 Vict. C. 93, s. 14.] Regulations. Form No. 2. Return of ticket on redelivery of goods. [cf. 35 & 36 Vict. c. 93, s. 26.] Delivery of goods on production of ticket and repayment. [cf. 35 & 36 Vict. C. 93, s. 25.] Exceptions to duty to deliver goods. Protection of owners and of pawners not having pawntickets. [cf. 35 & 36 Vict. c. 93, s. 29] 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. Unlawful pawning. [cf. 35 & 36 Vict. c. 93, s. 33.] Pawnbroker to seize applicant suspected of unlawful conduct. [cf. 35 & 36 Vict. C. 93, s. 34 and No. 13 of 1919, s. 15.] Liability of pawnbroker in respect of loss or damage. [cf. 35 & 36 Vict. c. 93, ss. 27, 28, 32 (8).] Pawning by children. 23 Geo. 5, c 12, s. 8. Taking in pawn goods with certain marks. Hours of business. Delivery to owner of property unlawfully pawned, with or without compensation to pawnbroker. 35 & 36 Vict. c. 93 s. 30. Ordinances Nos. 32 of 1935 and 4 of 1896. Penalties. [cf. 35 & 36 Vict. C. 93, ss. 33, 45.] [1.1.36.] [1.1.33.] [1.1.33.]

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