PAWNBROKERS ORDINANCE

PAWNBROKERS ORDINANCE

CHAPTER 166.

PAWNBROKERS.

To amend the law relating to pawnbrokers

[17th October, 1930.]

1. This Ordinance may be cited as the Pawnbrokers

Ordinance.

2. In this Ordinance-

'month' means a Chinese lunar month

'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 froni 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. The Govertior in Council may by regulations

prescribe or provide for-

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

(b) the periods referred to in section 16 hereof;

(c)fees to be paid for such licences and for the renewal of such
licences;

(d) the forms of such licences;

(e)books and documents to be kept by pawnbrokers and the
particulars to be noted therein ;

(f) maximurn rates of interest to be charged by pawnbrokers;

(g)limiting the number of pawnbrokers' shops that may be
allowed in any area;

(h)the form of the pawn ticket and the particulars to be stated
therein ;

(i) forms to be used under this Ordinance;
(j) hours during which the business of pawnbroking
may be carried on;





(k) the storage and safe keeping of pledges;

(l)offences in the case of contravention of any regulations
made hereunder and prescribing penalties therefor : Provided
that no penalty so prescribed shall exceed a fine of five
hundred dollars; and

(m) generally more effectively carrying out the provisions 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 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 licerice 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 regulations

(2) A licence shall be valid for one year only com mencing 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 advance it shall be lawful for him to pay it in quarterly
instalments in advance on finding security for such instal-
merits to the satisfaction of the Secretary for Chinese Affairs

9. No pawnbroker shall during the continuance 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
character 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 police officer 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. (1) 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 redeem 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 $3 .......10% 3%
exceeding-
$3 and not exceeding $ 14 8% 3%
$14 $ 28 ............5% 3%
$28 $ 84 ................3% 2%
$84 $280 ................2% 2%
$280 ....................2% 11%

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 foregoing rates.

(2) 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.

(3) The principal and interest shall be accepted by the pawnbroker
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 compound interest.

(4) 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.

(5) No loans 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 in the
prescribed form or its equivalent in Chinese. 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 in the
prescribed forni or its equivalent in Chinese. 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 pawnbroker
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.

16. (1) On the tender of any such ticket together with the full
amount then due for principal and simple interest, if made within six
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), and four
months from the day of making the loan in the case of goods pawned
elsewhere in the Colony, the pawnbroker shall deliver up the goods
described therein to the person so tendering.

(2) The Governor in Council may, by regulation prescribe periods
in substitution for the periods of six months and of four months
specified in subsection (i).

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 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 thern to be
taken into safe keeping to abide the order of a magistrate.

20. Subject to the provisions of this Ordinance, goods pawned
shall, from and after the expiration of the prescribed period specified in
section 16, become, if the same are unredeenled, 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 the prescribed period
applicable, the pawnbroker shall allow him to do so on his paving 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 time 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 good, of any
other person withouf being duly authorized or employed in that behalf.





23. 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 conduct on the part of the applicant in any of the
above cases, is hereby required to seize and detain such applicant 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, froni which shall be
deducted the amount of principal and interest then due in respect of
such goods.

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

25. No pawnbrokers 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 tinder 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 cases 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 pawnbroker; 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 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 67 of the
Larceny Ordinance, or in section 26 of the Sale of Goods Ordinance,
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 provisions of
section 22 shall upon summary conviction be liable to a fine of five
hundred dollars and to imprisonment for six months.

(2) Every person who contravenes any of the other provisions of
this Ordinance, shall upon summary conviction be liable to a fine of
five hundred dollars.
Originally 16 of 1930. Fraser 16 of 1930. 23 of 1946. 23 of 1947. 57 of 1948. 22 of 1950. 24 of 1950. Short title. Interpretation. [cf. 35 & 33 Vict. C. 93, s. 5.] Regulations. 57 of 1948, s. 2. 22 of 1950, Schedule. Servant, agent, etc., of pawn-brokers. 35 & 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. [s. 8 cont.] 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. G. N. 733/47. Regulations. List of rates to be exposed in the shop. Loans and interest must be in local currency. Book to be kept by pawnbroker. [cf. 35 & 36 Vict. C. 93, s. 12.] Regulations. Form 1. Ticket to be given to borrower. [cf. 35 & 36 Vict. C. 93, s. 14.] Regulations. Form 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.] 24 of 1950, Schedule. 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. 23 of 1946, s. 3. 57 of 1948, s. 4. 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 Cap. 143, s. 13.] 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. (Cap. 210). (Cap. 26). Penalties. [cf. 35 & 36 Vict. C. 93, ss. 33, 45.] 22 of 1950. Schedule. 22 of 1950, Schedule.

Originally 16 of 1930. Fraser 16 of 1930. 23 of 1946. 23 of 1947. 57 of 1948. 22 of 1950. 24 of 1950. Short title. Interpretation. [cf. 35 & 33 Vict. C. 93, s. 5.] Regulations. 57 of 1948, s. 2. 22 of 1950, Schedule. Servant, agent, etc., of pawn-brokers. 35 & 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. [s. 8 cont.] 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. G. N. 733/47. Regulations. List of rates to be exposed in the shop. Loans and interest must be in local currency. Book to be kept by pawnbroker. [cf. 35 & 36 Vict. C. 93, s. 12.] Regulations. Form 1. Ticket to be given to borrower. [cf. 35 & 36 Vict. C. 93, s. 14.] Regulations. Form 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.] 24 of 1950, Schedule. 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. 23 of 1946, s. 3. 57 of 1948, s. 4. 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 Cap. 143, s. 13.] 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. (Cap. 210). (Cap. 26). Penalties. [cf. 35 & 36 Vict. C. 93, ss. 33, 45.] 22 of 1950. Schedule. 22 of 1950, Schedule.

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