MONEY LENDERS REGULATIONS
Title
MONEY LENDERS REGULATIONS
Description
MONEY LENDERS REGULATIONS
ARRANGEMENT OF REGULATIONS
Regulation Page
1. Citation ......................................................................................................................
..........A 2
2. Directions in and signing of forms, etc . ......... ............... ...................... A 2
3. Fees ............................................................................................. - A 2
4. Form of licence ........................................................... A 2
5. Application for licence ............. A 3
6. Application for renewal of licence .. A 3
7. Publication of applications .............................................. ..................... A 3
8. Application for endorsement on licence ................ A 4
9. Specified particulars not to be entered in the register ................. A 4
10. Duty to notify Registrar of changes in share holdings ............... ................. A 4
11. Summary of Ordinance to be included in loan agreement A 5
12. Prohibition of certain forms of security . ........... A 5
13. Form of exemption ...................................................... A 5
14. Application for exemption ..................... ...... A 5
Schedule 1 Table of Fees .................................. A 6
Schedule 2 Licensing and Exemption Forms A 7
Schedule 3 Summary of provisions of Ordinance .................... ........................... A 64
MONEY LENDERS REGULATIONS
(Cap. 163, section 34)
L.N. 236188- [1 October 1988]
Citation
1. These regulations may be cited as the Money Lenders Regulations.
Directions in and signing of forms, etc.
2. A form prescribed by these regulations shall be
(a) completed
(i) in accordance with any directions specified in the form;
(ii) in the English language, or in both the English and Chinese
languages; and
(iii) in such a manner as to be clearly legible; and
(b) signed
(i) where the applicant is an individual (alone or as a partner of a firm),
by that individual; or
(ii) where the applicant is a company, by any person authorized in that
behalf by such company.
Fees
3. (1) The fees set out in Part A of Schedule 1 shall be payable to the Registrar.
(2) The fees set out in Part B of Schedule 1 shall be payable to the licensing
court.
(3) The prescribed fee to be tendered under section 19(1) of the Ordinance by a
borrower to a money lender shall be 5 15.
(4) The prescribed fee to be paid under section 19(2) of the Ordinance by a
borrower to a money lender shall be $15.
(5) No fee shall be refundable.
Form of licence
4. A licence referred to in section 7(2) of the Ordinance and granted under
section 11 or renewed under section 13 of the Ordinance shall be in Form 1 in
Schedule 2.
Application for licence
5. (1) An application for a licence made under section 8(1) of the Ordinance
shall
(a)where the applicant is an individual (alone or as a partner of a firm), be in
Form 2 in Schedule 2; or
(b) where the applicant is a company, be in Form 3 in Schedule 2.
(2) An application referred to in paragraph (1) shall be accompanied by-
(a) a statement-
(i) where the applicant is an individual (alone or as a partner of a firm),
in Form 4 in Schedule 2; or
(ii) where the applicant is a company, in Form 5 in Schedule 2; and
(b) the prescribed fee.
(3) An application referred to in paragraph (1)(a) shall be further accompanied
by a character or business reference, in writing, signed by any one of the following
(a)a director or manager of a bank licensed under the Banking Ordinance
(Cap. 155);
(b)a barrister, solicitor or professional accountant (within the meaning of the
Professsional Accountants Ordinance (Cap. 50)), of at least 5 years
standing and in actual practice in Hong Kong; or
(c) a justice of the peace.
Application for renewal of licence
6. (1) An application for renewal of a licence under section 13 of the Ordinance
shall
(a)where the applicant is an individual (alone or as a partner of a firm), be in
Form 6 in Schedule 2; or
(b) where the applicant is a company, be in Form 7 in Schedule 2.
(2) An application referred to in paragraph (1) shall be accompanied by-
(a) a statement-
(i) where the applicant is an individual (alone or as a partner of a firm),
in Form 8 in Schedule 2; or
(ii) where the applicant is a company, in Form 9 in Schedule 2; and
(b) the prescribed fee.
Publication of applications
7. Within 21 days of the receipt of an application referred to in regulation 5 or
6, the Registrar shall give notice of such application in
(a) the Gazette; and
(b)one daily newspaper in the English language and one daily newspaper
in the Chinese language published and circulating generally in Hong
Kong.
Application for endorsement on licence
8. (1) An application under section 15(2) of the Ordinance for the
endorsement on a licence of a widow, widower or member or person acting
on behalf of the family of a deceased licensee shall be in writing and shall
contain-
(a) the name of the deceased licensee;
(b) the number of the licence; and
(e)the name and residential address of the person proposed to be
endorsed on the licence, and his relationship to the deceased licensee.
(2) An application under section 15(3) of the Ordinance for the
endorsement of additional premises on a licence shall be in writing and shall
contain-
(a) the name of the licensee;
(b) the number of the licence; and
(c) the address of the proposed additional premises.
(3) An application under section 15(4) of the Ordinance for the
endorsement of new premises in substitution for premises specified on a licence
shall be in writing and shall contain-
(a) the name of the licensee;
(b) the number of the licence; and
(c) the address of the proposed premises to be substituted.
(4) An application referred to in paragraph (1), (2) or (3) shall be
completed in triplicate and signed by the applicant, or where the applicant is a
company, by a person authorized in that behalf by such company, and 2 copies
thereof shall be forwarded to the Registrar and one copy thereof shall be
forwarded to the Commissioner of Police.
Specified particulars not to he entered in the register
9. For the purposes of section 4 of the Ordinance, the particulars in any
of Forms 4, 5, 8 and 9 in Schedule 2 are specified as particulars furnished under
section 8 of the Ordinance which shall not be entered in the register.
Duty to notify Registrar of changes in share holdings
10. For the purposes of section 17(1) of the Ordinance, a licensee
shall-
(a)if a private company within the meaning of the Companies Ordinance
(Cap. 32), give notice to the Registrar in accordance with that section of
any change in the number of shares in the company held by any person;
or
(b)if a company other than a private company referred to in paragraph (a),
give notice to the Registrar in accordance with that section of any change
in the number of shares in the company held by any person whereby the
nominal value of any such voting shares held by that person exceeds 10
per centum of the nominal value of the issued voting share capital of the
company.
Summary of Ordinance to be included in loan agreement
11. For the purposes of section 18(1)(b) of the Ordinance, a summary of the
provisions of the Ordinance to be included in or attached to a copy of a note or
memorandum of agreement referred to in that section shall
(a) be in the form set out in Schedule 3; and
(b)except where otherwise approved in writing by the Registrar, be printed in
the English version in type of a size not less than the type known as 8
point Times and in the Chinese version in type the face of which is not
less than 2.5 mm in depth.
Prohibition of certain forms of security
12. No money lender shall demand or accept as security for any loan any
(a)identity card issued under the Registration of Persons Ordinance (Cap.
177), passport, warrant card, or other document establishing the identity
or nationality of the holder;
(b) bank savings or deposit account book; or
(c)photograph (whether developed or not) of the borrower or surety or of
any member of the family of the borrower or surety.
Form of exemption
13. An exemption granted under section 33B(2)(a) of the Ordinance, including a
renewal of such an exemption, shall be in Form 10 in Schedule 2.
Application for exemption
14. An application for an exemption made under section 33B of the Ordinance,
including an application for a renewal of such an exemption, shall be-
(a) in Form 11 in Schedule 2; and
(b) accompanied by the prescribed fee.
SCHEDULE 1 [reg. 3]
PART A-TABLE OF FEES PAYABLE TO THE REGISTRAR
Reference to Matter in respect of which
Item Ordinance fee is payable Fee
1 Sec. 6(1) For inspecting the register or any part thereof 3
2. See. 6(1) For issuing or supplying a copy of or extract from
any entry in the register-
(a) by photostatic means (per page) 3
(b) by other means (per folio of 100 words or
part thereof) ............3
3. See. 6(1) For certifying a copy of or extract from any entry
in the register .......................................................
4. see. 8(1).........................Upon making an application for a licence 4,500
5. Sec. 13(3)Upon making an application for renewal of a
licence ..................4,500
6. See. 15(2), (3),Upon making an application for endorsement on
(4) & (5) a licence of-
(a) widow, widower or family member, etc . 100
(b) additional premises ..500
(c) substituted premises .500
7. Sec. 33B(1)(b)Upon making an application for an exemption or
a renewal of an exemption 500
PART B-TABLE OF FEES PAYABLE TO THE LICENSING COURT
Reference to Matter in respect of which
Item Ordinance fee is payable Fee
$
1 Sec. 11 (7)For issue of a licence 1,000
2. See. 11 (7) &For renewal of a licence1,000
13(4)
3. Sec. 15(8)For endorsement on a licence of-
(a) widow, widower or family member, etc . 50
(b) additional premises ..50
(c) substituted premises .50
SCHEDULE 2 [regs. 4, 5, 6,
9,13 & 14]
LICENSING AND EXEMPTION FORMS
FORM 1 [ss. 7(2), 11,
13 & 34]
MONEY LENDERS ORDINANCE
(Chapter 163)
MONEY LENDERS LICENCE
No ..........................
LICENCE is granted this day of
19 .to
(name) to carry en business as a money lender at
..............................................................................
.............................................. (address(es) of
premises) for a period of 12 months from the day
of .19
This licence shall, unless earlier suspended or revoked, cease to have effect on
19 ............
This licence is subject to conditions set out herein.
CONDITIONS
Signed ..................................................
Presiding Member,
Licensing Court.
ENDORSEMENTS
[1988 Ed.
FORM 2 [ss. 8(1) & 34]
MONEY LENDERS
ORDINANCE
(Chapter 163)
APPLICATION BY AN INDIVIDUAL FOR A LICENCE
FOR HIMSELF OR FOR A PARTNERSHIP
(To be completed in triplicate)
Application is hereby made to the Registrar for a licence under Part II of the Money
Lenders Ordinance.
Please answer the following questions-
(If there is insufficient space provided for your answer, please continue on a separate sheet
of paper, specifying the question number to which your answer relates, and add your signature.)
1 . State
(a)your present family name and other names
(including any aliases)
(b)if you are of Chinese race, your name in
Chinese characters and Chinese commercial
code
(c)your residential address (Post Office Box
number is not acceptable)
(d)the address and telephone number of each
place at or from which your business or
proposed business as a money lender will be
carried on (Post Office Box numbers are not
acceptable)
2 .................................................
(e) your Hong Kong identity card number
(f) your place and date of birth
2.State the business name (if any) which you
propose for your business as a money lender
(a) English name
(b) Chinese name
3.State the following particulars of any partners with whom you propose to carry on business as
a money lender-
1 2 3 4
Name in English
Name in Chinese
characters (if applicable)
and code
Aliases
Residential address (Post
Office Box numbers are
not acceptable)
Hong Kong identity card
number
Place and date of birth
4. (a)Will any persons, other than persons specified
in any answer to question 3 above, have any
power to exercise control over or in relation to
your business or proposed business as a money
lender? (answer 'yes' or 'no')
(b)If so, give the following details of those
persons-
2 3 4
Name in English
Name in Chinese
characters (if applicable)
and code
Aliases
Residential address (Post
Office Box numbers are
not acceptable)
Hong Kong identity card
number
Nature of control
5.State the following particulars of any persons you employ or propose to employ in the business
of a money lender-
1 2 3 4
Name in English
Name in Chinese
characters (if applicable)
and code
Aliases
Residential address (Post
Office Box numbers are
not acceptable)
Hong Kong identity card
number
Place and date of birth
6. (a) Are you now a director of a company? (answer
'yes' or 'no') ........................... 1 ......
(b) If so, give the following details-
1 2 3 4
Name of company
Company registration
number
The address of its
registered office or
principal place of
business (Post Office Box
numbers are not
acceptable)
The place of
incorporation
The nature of its business
The date of appointment
as a director
7. (a)Are you now carrying on, as a principal, any
business other than the business in respect of
which this application is made? (answer 'yes'
or 'no')
(b) If so, give details of-
(i) the name of the business (in English and
Chinese)
(ii) the address of the place at or from which
the business is carried on (Post Office Box
numbers are not acceptable) ....................................................
(iii) the nature of the business............................................. 1
(iv) particulars of any business partners as
follows-
1 2 3 4
Name of partner in
English
Name of partner in Chinese characters (if applicable)
and code
Aliases
Residential address of partner (Post Office Box
numbers are not acceptable)
Hong Kong identity card number of partner
8. (a)Have you, during the 5 years preceding this
application, been a director of any company
(other than a company named in question 6)?
(answer 'yes' or 'no')
(b) If so, give the following details-
1 2 3
Name of company
The address of its registered office or principal place of
business (Post Office Box numbers are not acceptaThe place of incorporation i
The nature of its business
9. (a)Have you, during the 5 years preceding this
application, carried on any business (other than
a business named in question 7) as a principal?
(answer 'yes' or 'no') .................. 1
(b) If so, give details of-
(i) the name of the business (in English and
Chinese) ...............................................
...............................................
(ii) the address of the place at or from which
the business is or was carried on (Post
Office Box numbers are not acceptable)...............................................
(iii) the nature of the business ...............................................
(iv) particulars of any business partners as
follows-
1 2 3 4 5 6
Name of partner in
English
Name of partner
in Chinese
characters (if
applicable) and
code
Aliases
Residential address
of partner (Post
Office Box
numbers are not
acceptable)
Hong Kong
identity card
number of partner
10. (a)Are you employed, or have you been employed
during the 5 years preceding this application,
by any person or company, otherwise than as a
director? (answer 'yes' or 'no') ...............................................
(b) If so, give details of-
1 2 3
Name of the employer in
English
Name in Chinese characters
(if applicable) and code
Aliases
Residential address (if an
individual) or principal place
of business (if a company)
(Post Office Box numbers are
not acceptable)
Capacity in which employed
11. If you are still in employment as described in the
answers to question 10, do you intend to remain in
employment if a licence as a money lender is granted
to you? (answer 'yes' or 'no,,)
......................................................
1 declare that all information given by me in this application is true and
correct.
Dated this ..............day of 19
Signed ......................................................
Applicant.
The applicant
must affix
a recent
passport size
photograph of
himself here
PLEASE NOTE
1. You are advised
(a) to read the Money Lenders Ordinance and the Money Lenders Regulations before
submitting this application; and
(b) not to spend money on the establishment of premises before a licence is granted.
2.A statement in support of this application (Form 4) must also be completed (section 8(1) of
the Ordinance).
3. The fee payable upon submitting this application is $4,500.
4. The original and one copy of-
(a) this application;
(b) the statement in support; and
(c) the reference (required under regulation 5(3)),
together with the fee payable on application, should be posted or delivered to the Registrar.
5. One copy of-
(a) this application;
(b) the statement in support; and
(c) the reference,
should be posted or delivered to the Commissioner of Police at the same time as the
documents are posted or delivered to the Registrar.
6. A further fee of $1,000 will be payable to the licensing court on the grant of a
licence.
7.You are advised that, in accordance with the definition of 'company' in section 2(1) of the
Money Lenders Ordinance, references in this application to 'company' mean a body
corporate
(a) incorporated under the Companies Ordinance;
(b) incorporated by any other Ordinance; or
(c) incorporated or established outside Hong Kong.
WARNING- Section 29(2) of the Money Lenders Ordinance makes it an offence punishable
by a fine of 5100,000 and imprisonment for 2 years for a person to make a false
or misleading statement or furnish false or misleading information in connection
with any application for a licence.
1988 Ed.]
[1988 Ed.
1988 Ed.]
[1988 Ed.
1988 Ed.]
[1988 Ed.
FORM 3 [ss. 8(1) & (2) &
34]
MONEY LENDERS
ORDINANCE
(Chapter 163)
APPLICATION BY A COMPANY FOR A LICENCE
(To be completed in triplicate)
Application is hereby made to the Registrar for a licence under Part II of the Money
Lenders Ordinance.
Please answer the following questions-
(If there is insufficient space provided for your answer, please continue on a separate sheet
of paper, specifying the question number to which your answer relates, and add your signature.)
1. State-
(a) the name and any former names of the
company (in English and Chinese)
........................................
..............
(b) the place of incorporation .......
(c) the date of incorporation
............
(d)if an oversea company, the date of
compliance with Part XI of the Companies
Ordinance (Cap. 32) .........
(e) the address of the company's registered office
(Post Office Box number is not acceptable) .........
(f)the address and telephone number of each place
at or from which the company's business as a
money lender is carried on (Post Office Box
numbers are not acceptable) 1 .................................................
..............
2 .................................................
..............
3 .................................................
2. Give the following details of every existing director of the company-
1 2 3 4 5 6
Name in English
Name in Chinese
characters (if
applicable) and
code
Aliases
Residential address
(Post Office Box
numbers are not
acceptable)
Hong Kong
identity card
number
3.Give the following details of every person (other than a person named in question 2) who has
held office as a director of the company during the period of 12 months immediately preceding
the date of this application-
1 2 3 4 5 6
Name in English
Name in Chinese
characters (if
applicable) and
code
Aliases
Residential address
(Post Office Box
numbers are not
acceptable)
Period of service as
a director
Hong Kong
identity card
number
4.Give the following particulars of any persons (other than the directors named in question 2
above) who will have the authority of the company to grant loans and arrange terms-
1 2 3 4
Name in English
Name in Chinese
characters (if applicable)
and code
Aliases
Residential address (Post
Office Box numbers are
not acceptable)
Hong Kong identity card
number
5.Give the following particulars of any persons (other than the directors named in question 2 and
the persons named in question 4 above) who are to participate actively in the business of the
company as a money lender-
1 2 3 4
Name in English
Name in Chinese
characters (if applicable)
and code
Aliases
Residential address (Post
Office Box numbers are
not acceptable)
Hong Kong identity card
number
6. (a)Will any persons, other than the directors
named in question 2 above, have any power to
exercise control over, or in relation to, the
business of the company as a money lender?
(answer 'yes' or 'no') ................................. 1
(b) If so, give the following details of those
persons-
1 2 3 4
Name in English
Name in Chinese
characters (if
applicable) and code
Aliases
Residential address (Post
Office Box numbers are
not acceptable)
Nature of control
7. (a)Give the following details of the 6 principal shareholders of the company or of all the
shareholders if less than 6
1 2 3 4 5 6
Name of
shareholder in
English
Name in Chinese
characters (if
applicable) and
code
Aliases
Residential address
(Post Office Box
numbers are not
acceptable)
Particulars of
shareholdings
(including the
number and
nominal value of
the shares held by
the shareholders
and the total
number of shares
issued by the
company)
(b)If any of the principal shareholders given in answer to question 7(a) above is not the
beneficial owner of shares held by him, then give the following details in respect of such
shareholdings-
1 2 3 4
Name of shareholder
Particulars of
shareholdings not
beneficially owned
Name of the beneficial
owner in English
Name in Chinese
characters (if applicable)
and code
Aliases
Residential address (Post
Office Box numbers are
not acceptable)
1 declare that all information given by me in this application is true and correct.
Dated this ...........day of 19
Signed ......................................................
A person authorized in this behalf by
the company [Note: evidence of
authorization should be produced].
PLEASE NOTE
1. You are advised
(a)to read the Money Lenders Ordinance and the Money Lenders Regulations before
submitting this application; and
(b) not to spend money on the establishment of premises before a licence is granted.
2.A statement in support of this application (Form 5) must also he completed (section 8(1)
of the Ordinance).
3. The fee payable upon submitting this application is $4,500.
4. The original and one copy of-
(a) this application; and
(b) the statement in support,
together with the fee payable on application, should be posted or delivered to the Registrar.
5. One copy of-
(a) this application; and
(b) the statement in support,
should be posted or delivered to the Commissioner of Police at the same time as the
documents are posted or delivered to the Registrar.
6. A further fee of $1,000 will be payable to the licensing court on the grant of a
licence.
7.You are advised that, in accordance with the definition of 'company' in section 2(1) of the
Money Lenders Ordinance, references in this application to 'company' mean a body
corporate-
(a) incorporated under the Companies Ordinance;
(b) incorporated by any other Ordinance; or
(c) incorporated or established outside Hong Kong.
WARNING-Section 29(2) of the Money Lenders Ordinance makes it an offence punishable by a
fine of $100,000 and imprisonment for 2 years for a person to make a false or
misleading statement or furnish false or misleading information in connection with
any application for a licence.
1988 Ed.]
[1988 Ed.
1988 Ed.]
[1988 Ed.
1988 Ed.]
FORM 4 [ss. 8(1) & 34]
MONEY LENDERS
ORDINANCE
(Chapter 163)
STATEMENT IN SUPPORT OF AN APPLICATION BY AN
INDIVIDUAL FOR A LICENCE FOR HIMSELF
OR FOR A PARTNERSHIP
(To be completed in triplicate)
Please answer the following questions-
(If there is insufficient space provided for your answer, please continue on a separate sheet Of
paper, specifying the question number to which your answer relates, and add your signature.)
1. (a) Have you ever previously made application for
a licence under the Money Lenders Ordinance?......................................................
(b) If you have, state-
(i) the date of application.............................................. 1
(ii) whether the application was successful
(answer 'yes' or 'no') ......................................................
(c) If the application was unsuccessful, state the
reason, if known to you .................... .................................
2. (a)Have you ever been convicted of an offence,
other than a traffic offence, in Hong Kong or
elsewhere? (answer 'yes' or 'no') .
(b) If you have, give the following details-
1 2 3
The offence
The penalty (if any) imposed
The date of conviction
The name of the
court which tried the
offence
3.Give the following details of each bank at which you keep or propose to keep an account in
connection with your business as a money lender
1 2 3 4
Name of bank
Its address
The account number
Date on which the
account was opened
1 declare that all information given by me in this statement is true and
correct.
Dated this ...........day of 19
Signed ............
Applicant.
PLEASE NOTE
1 .You are advised to read the Money Lenders Ordinance and the Money Lenders Regulations
before submitting this statement.
2.The original and one further copy of this statement should accompany your application to
the Registrar (Form 2).
3.One copy of this statement should accompany the copy of your application posted or
delivered to the Commissioner of Police.
WARNING-Section 29(2) of the Money Lenders Ordinance makes it an offence punishable by a
fine of $100,000 and imprisonment for 2 years for a person to make a false or
mis-leading statement or furnish false or misleading information in connection
with any application for a licence.
[1988 Ed.
1988 Ed.]
FORM 5 [ss. 8(1) & 34]
MONEY LENDERS
ORDINANCE
(Chapter 163)
STATEMENT IN SUPPORT OF AN APPLICATION BY
A COMPANY FOR A LICENCE
(To be completed in triplicate)
Please answer the following questions-
(If there is insufficient space provided for your answer, please continue on a separate sheet
of paper, specifying the question number to which your answer relates, and add your signature.)
1. (a)Has the company, or its holding company or
any subsidiary or associated company, ever
previously made application for a licence under
the Money Lenders Ordinance?
.....................................................
.
(b) If it has, state
(i) the date(s) of application ......................................................
(ii) whether the application was successful
(answer 'yes' or 'no')
.....................................................
.
(e) If any such application was unsuccessful state
the reason, if known to you
.....................................................
.
2. (a)Have any of the directors or other controlling
persons of the company ever been convicted of
an offence, other than a traffic offence, in
Hong
Kong or elsewhere? (answer 'yes' or 'no') ......................................................
(b) If so, give the following details
1 2 3 4 5 6
Name of the
director or other
person
The offence
The penalty (if
any) imposed
The date of
conviction
The name of the
court which tried
the offence
3.Give details of every bank at which the company keeps or proposes to keep an account in
connection with its business as a money lender
2 3 4
Name of bank
Its address
The account number
Date on which the
account was opened
I declare that all information given by me in this statement is true and
correct.
Dated this ...........day of 19
Signed ......................................................
A person authorized in this behalf
by the company [Note: evidence of
authorization should be
produced].
PLEASE NOTE
1 .You are advised to read the Money Lenders Ordinance and the Money Lenders Regulations
before submitting this statement.
2.The original and one further copy of this statement should accompany the application to
the Registrar (Form 3).
3.One copy of this statement should accompany the copy of the application posted or
delivered to the Commissioner of Police.
4.You are advised that, in accordance with the definition of 'company' in section 2(1) of the
Money Lenders Ordinance, references in this statement to 'company' mean a body
corporate
(a) incorporated under the Companies Ordinance;
(b) incorporated by any other Ordinance; or
(c) incorporated or established outside Hong Kong.
WARNING-Section 29(2) of the Money Lenders Ordinance makes it an offence punishable by a
fine of 5100,000 and imprisonment for 2 years for a person to make a false or
misleading statement or furnish false or misleading information in connection with
any application for a licence.
[1988 Ed.
1988 Ed.]
FoRm 6 [ss. 13(3) & 34]
MONEY LENDERS
ORDINANCE
(Chapter 163)
APPLICATION BY AN INDIVIDUAL FOR RENEWAL OF
A LICENCE FOR HIMSELF OR FOR A PARTNERSHIP
(To be completed in triplicate)
Application is hereby made to the Registrar for the renewal of Licence No. .. ......................
granted on ............under Part II of the Money Lenders Ordinance.
Please answer the following questions-
(If there is insufficient space provided for your answer, please continue on a separate sheet Of
paper, specifying the question number to which your answer relates, and add your signature.)
1 . State-
(a)Your present surname and other names
(including any aliases)
(b)If you are of Chinese race, your name in
Chinese characters and code
(c)Your residential address (Post Office Box
number is not acceptable)
(d)The business name (if any) under which your
business as a money lender is carded on (give
both English and Chinese names)
(e)The address and telephone number of each
place at or from which your business as a
money lender is carried on (Post Office Box
numbers are not acceptable) .................................................
3 .................................................
2.State the following particulars of any partners with whom you are currently carrying on the
business of a money lender in partnership-
1 2 3 4
Name of partner
Name in Chinese
characters (if applicable)
and code
Aliases
Residential address (Post
Office Box numbers are
not acceptable)
Hong Kong identity
card number
I declare that all information given by me in this application is true and correct.
Dated this ............. day of 19
Signed ......................................................
Applicant.
PLEASE NOTE
1. A statement in support of this application (Form 8) must also be completed.
2. The fee payable upon submitting this application for renewal is 54,500.
3. The original and one copy of-
(a) this application; and
(b) the statement in support,
together with the fee payable on application, should be posted or delivered to the Registrar, as
soon as possible within 3 months before the date of expiry of the licence.
4. One copy of-
(a) this application; and
(b) the statement in support,
should he posted or delivered to the Commissioner of Police at the same time as the documents
are posted or delivered to the Registrar.
5. A further fee of$ 1,000 will be payable to the licensing court on renewal of the
licence.
WARNING-Section 29(2) of the Money Lenders Ordinance makes it an offence punishable by a
fine of $100,000 and imprisonment for 2 years for a person to make a false or mis-
leading statement or furnish false or misleading information in connection with any
application for the renewal of a licence.
[1988 Ed.
1988 Ed.]
FORM 7 [ss. 13(3) & 34]
MONEY LENDERS
ORDINANCE
(Chapter 163)
APPLICATION BY A COMPANY FOR RENEWAL
OF A LICENCE
(To be completed in triplicate)
Application is hereby made to the Registrar for the renewal of Licence No . ........................
granted on ............under Part II of the Money Lenders Ordinance.
Please answer the following questions-
(If there is insufficient space provided for your answer, please continue on a separate sheet
of paper, specifying the question number to which your answer relates, and add your signature.)
1 . State-
(a)The name of the company (in English and
Chinese)
(b)The address of its registered office (Post Office
Box number is not acceptable)
(c)The address and telephone number of each
place at or from which its business as a money
lender is carried on (Post Office Box numbers
are not acceptable) 1. .................................................
2. .........................
3 .................................................
2. Give the following particulars of persons who are currently directors of the company-
2 3 4
Name in English
Name in Chinese characters
(if applicable) and code
Aliases
Residential address (Post
Office Box numbers are not
acceptable)
Hong Kong identity
card number
3. (a)Has there been any change in the 6 principal
shareholders of the company or in the details thereof
since the issue or last renewal of the
licence? (answer 'yes' or 'no') .....................................................
(b)If so, please give the following details of the 6 principal shareholders, or of all the shareholders if less than
6
1 2 3 4 5 6
Name of
shareholder in
English
Name in Chinese
characters (if
applicable) and code
Aliases
Residential address
(Post Office Box
numbers are not
acceptable)
Particulars of
shareholdings
(including the
number and nominal
value of the shares
held by the
shareholders and the
total number of shares
issued by the
company)
I declare that all information given by me in this application is true and
correct.
Dated this ...........day of 19
Signed ......................................................
A person authorized in this behalf
by the company [Note: evidence of
authorization should be
produced].
PLEASE NOTE
1 . A statement in support of this application (Form 9) must also be completed.
2. The fee payable upon submitting this application for renewal is $4,500.
3. The original and one further copy of-
(a) this application; and
(b) the statement in support,
together with the fee payable on application, should be posted or delivered to the Registrar, as
soon as possible within 3 months before the date of expiry of the licence.
4. One copy of-
(a) this application; and
(b) the statement in support,
should be posted or delivered to the Commissioner of Police at the same time as the documents
are posted or delivered to the Registrar.
5. A further fee of $1,000 will be payable to the licensing court on renewal of the
licence.
6. You are advised that, in accordance with the definition of 'company' in section 2(1)
of the
Money Lenders Ordinance, references in this application to 'company' mean a body
corporate-
(a) incorporated under the Companies Ordinance;
(b) incorporated by any other Ordinance; or
(c) incorporated or established outside Hong Kong.
WARNING-Section 29(2) of the Money Lenders Ordinance makes it an offence punishable by a
fine of $100,000 and imprisonment for 2 years for a person to make a false or
misleading statement or furnish false or misleading information in connection with
any application for the renewal of a licence.
1988 Ed.]
[1988 Ed.
1988 Ed.]
FORM 8 [ss. 13(4) & 341
MONEY LENDERS
ORDINANCE
(Chapter 163)
STATEMENT IN SUPPORT OF AN APPLICATION BY
AN INDIVIDUAL FOR RENEWAL OF A LICENCE FOR
HIMSELF OR FOR A PARTNERSHIP
(To be completed in triplicate)
Please answer the following questions-
(If there is insufficient space provided for your answer, please continue on a separate sheet
of paper, specifying the question to which your answer relates, and add your signature.)
(a)Since the date of your application for a
licence or last application for renewal
(whichever is the later) have you been
convicted of any offence, other than a traffic
offence, in Hong Kong or elsewhere? (answer
'yes' or 'no')
(b) If you have, give the following details-
1 2 3
The offence
The penalty (if
any) imposed
The date of conviction
The name of the
court which tried the
offence
2. (a)Since the date of your application for a
licence or last application for renewal
(whichever is the later) has there been any
change in the bank accounts kept in
connection with your business as a money
lender? (answer 'yes' or 'no')
(b)If so, give the following details of each bank at which you are keeping an account in
connection with your business as a money lender-
1 2 3 4
Name of bank
Its address
The account number
Date on which the
account was opened
1 declare that all information given by me in this statement is true and correct.
Dated this ...........day of 19
Signed ......................................................
Applicant.
PLEASE NOTE
1 .The original and one further copy of this statement should accompany your application to the
Registrar for renewal (Form 6).
2.One copy of this statement should accompany your copy of your application for renewal
posted or delivered to the Commissioner of Police.
WARNING-Section 29(2) of the Money Lenders Ordinance makes it an offence punishable by a
fine of $100,000 and imprisonment for 2 years for a person to make a false or mis-
leading statement or furnish false or misleading information in connection with any
application for renewal of a licence.
[1988 Ed.
1988 Ed.]
FoRm 9 [ss. 13(4) & 341
MONEY LENDERS
ORDINANCE
(Chapter 163)
STATEMENT IN SUPPORT OF AN APPLICATION BY
A COMPANY FOR RENEWAL OF A LICENCE
(To be completed in triplicate)
Please answer the following questions-
(If there is insufficient space provided for your answer, please continue on a separate sheet
Of paper, specifying the question number to which your answer relates, and add your signature.)
1. (a)Since the date of the company's application for
a licence or last application for renewal
(whichever is the later), has the company, or
any of its directors, been convicted of any
offence, other than a traffic offence, in Hong
Kong or elsewhere? (answer 'yes' or 'no')
.........................................
.............
(b) If so, give the following details-
1 2 3 4 5 6
Name of the director or other person
The offence
The penalty (if any) imposed
The date of conviction
The name of the court which tried the offence
2. (a)Since the date of the company's application
for a licence or last application for renewal
(whichever is the later), has there been any
change in the bank accounts kept by the
company in connection with its business as a
money lender? (answer 'yes' or 'no') .... ..................
.............................
(b)If so, give the following details of each bank at which the company is keeping an
account in connection with its business as a money lender
2 3 4
Name of bank
Its address
The account number
Date on which the
account was opened
1 declare that all information given by me in this statement is true and
correct.
Dated this ...........day of 19
Signed
......................................................
A person authorized in this behalf
by the company [Note.. evidence of
authorization should be
produced].
PLEASE NOTE
1.The original and one further copy of this statement should accompany the application to
the Registrar for renewal (Form 7).
2.One copy of this statement should accompany the copy of the application for renewal
posted or delivered to the Commissioner of Police.
3.You are advised that, in accordance with the definition of 'company' in section 2(1) of the
Money Lenders Ordinance, references in this statement to 'company' mean a body
corporate
(a) incorporated under the Companies Ordinance;
(b) incorporated by any other Ordinance; or
(e) incorporated or established outside Hong Kong.
WARNING-Section 29(2) of the Money Lenders Ordinance makes it an offence punishable by a
fine of $100,000 and imprisonment for 2 years for a person to make a false or
misleading statement or furnish false or misleading information in connection with
any application for renewal of a licence.
[1988 Ed.
1988 Ed.]
FORM 10 [ss. 33B & 341
MoNEY LENDERS ORDINANCE
(Chapter 163)
EXEMPTION
No .....................................
1....................Exemption is granted this day of 19
to ................................(name ofperson)
and, if person is licensed money lender, the licensee in respect of Licence No .
............................
from the following provisions of the Money Lenders Ordinance:
..............................................
2.This exemption shall, unless earlier revoked, cease to have effect on
.......................................... 19 .........
3. This exemption is subject to the conditions set out herein.
CONDITIONS
Signed
......................................................
Registrar
1988 Ed.]
FORM 11 11 [ss. 33B & 341
MONEY LENDERS
ORDINANCE
(Chapter 163)
APPLICATION BY A PERSON TO BE EXEMPTED
FROM SPECIFIED PROVISIONS OF THE
MONEY LENDERS ORDINANCE
(To be completed in triplicate)
Application is hereby made to the Registrar for an exemption under section 33B of the
Money Lenders Ordinance.
Please answer the following questions-
(If there is insufficient space provided for your answer, please continue on a separate sheet
of paper, specifying the question number to which your answer relates, and add your signature.)
1. State-
(a) the name of the person ............................... 1
(b) in the case of a person who is a licensed money
lender, the number of the licence ....................... ..............................
2.Is this application for the renewal of an exemption
previously granted under section 33B of the Money
Lenders Ordinance? (answer 'yes' or 'no') ......................................................
3. If the answer to item 2 is 'yes', give the exemption
number of the exemption you are seeking to renew.
.........................................
.............
4.Have you ever been granted any exemption under
section 33B of the Money Lenders Ordinance which
was revoked? (answer 'yes' or 'no'). If yes, give
exemption number(s).
.........................................
.............
5. Do not answer item 6 if-
(a) the answer to item 2 is 'yes';
(b)you have, in accordance with item 3, given the
exemption number of the exemption you are
seeking to renew; and
(e) both-
(i) the provisions of the Money Lenders
Ordinance from which you are exempted by
virtue of your existing exemption; and
(ii) all the reasons given, in the last
application under section 33B of the Money
Lenders Ordinance that resulted in your
existing exemption, for seeking to be
exempted from those provisions,
are the same provisions for the same reasons
for which you are seeking an exemption by
virtue of this application.
In any other case, you must answer item 6.
6.Specify in column 1 of the following table each provision of the Money Lenders Ordinance
for which you are seeking an exemption and specify in column 2 of that table opposite each
such provision the respective reason or reasons why you are seeking that particular
exemption
TABLE
Column 1 Column 2
Provision of Money
Lenders Ordinance Reason(s) why exemption
for which exemption is sought
is sought
1 declare that all information given by me in this application is true and
correct.
Dated this ...........day of 19
Signed .............
Where the person is an individual
or firm, the applicant. Where the
person is a company, a person
autho-
rized in this behalf by that company
[Note: evidence of authorization
should be produced].
PLEASE NOTE
1 .You are advised to read the Money Lenders Ordinance and the Money Lenders Regulations
before submitting this application.
2. The fee payable upon submitting this application is $500.
3.The original and one copy of this application together with the fee payable on application
should be posted or delivered to the Registrar.
4.One copy of this application should be posted or delivered to the Commissioner of Police at
the same time as the original and one copy of this application is posted or delivered to the
Registrar.
5.You are advised that, in accordance with the definition of 'company' in section 2(1) of the
Money Lenders Ordinance, references in this application to 'company' mean a body
corporate
(a) incorporated under the Companies Ordinance;
(b) incorporated by any other Ordinance; or
(e) incorporated or established outside Hong Kong.
WARNING-Section 29(2) of the Money Lenders Ordinance makes it an offence punishable by a
fine of $100,000 and imprisonment for 2 years for a person to make a false or
misleading statement or furnish false or misleading information in connection with
any application for an exemption.
[1988 Ed.
1988 Ed.]
SCHEDULE 3 [reg. 11]
FORM OF SUMMARY OF PROVISIONS OF THE ORDINANCE [ss. 18(1)
TO BE INCLUDED IN OR ATTACHED TO A NOTE OR & 34]
MEMORANDUM OF A LOAN AGREEMENT
THE MONEY LENDERS ORDINANCE
The provisions of the Money Lenders Ordinance summarized below are important for the
protection of all the parties to a loan agreement, and should be read carefully. The summary is
not part of the law, and reference should be made to the provisions of the Ordinance itself in
case of doubt
Summary of Part III of the Ordinance-Money lenders transactions
Section 18 sets out the requirements relating to loans made by a money lender. Every
agreement for a loan must be put into writing and signed by the borrower within 7 days of
making the agreement and before the money is lent. A copy of the signed note of the agreement
must be given to the borrower, with a copy of this summary, at the time of signing. The signed
note must contain full details of the loan, including the terms of repayment, the form of security
and the rate of interest. An agreement which does not comply with the requirements will be
unenforceable, except where a court is satisfied that it would be unjust not to enforce it.
Section 19 provides that a money lender must, if requested in writing and on payment of the
prescribed fee for expenses, give the original and a copy of a written statement of a borrower's
current position under a loan agreement, including how much has been paid, how much is due or
will be due, and the rate of interest. The borrower must endorse on the copy of the statement
words to the effect that he has received the original of the written statement and return the copy
as so endorsed to the money lender. The money lender must retain the copy of the statement so
returned during the continuance of the agreement to which that statement relates. If the money
lender does not do so he commits an offence. The money lender must also, upon a request in
writing, supply a copy of any document relating to the loan or security. But a request cannot be
made more than once per month. Interest is not payable for so long as the money lender,
without good reason, fails to comply with any request mentioned in this paragraph.
Section 20 provides that the surety, unless he is also the borrower, must within 7 days of
making the agreement be given a copy of the signed note of the agreement, a copy of the
security instrument (if any) and a statement with details of the total amount payable. The
money lender must also give the surety, upon request in writing at any time (but not more than
once per month) a signed statement showing details of the total sum paid and remaining to he
paid. The security is not enforceable for so long as the money lender, without good reason, fails
to comply.
Section 21 provides that a borrower may at any time, on giving written notice, repay a loan
together with interest to the date of repayment, and no higher rate of interest may be charged
for early repayment.
This provision, however, will not apply where the money lender is recognized, or is a
member of an association recognized, by the Financial Secretary by notice in the Gazette in force
under section 33A(4) of the Ordinance.
Section 22 states that a loan agreement is illegal if it provides for the payment of compound
interest, or provides that a loan may not be repaid by instalments. A loan agreement is also
illegal if it charges a higher rate of interest on amounts due but not paid, although it may provide
for charging simple interest on that part of the principal and interest outstanding at a rate not
exceeding the rate payable apart from any default. The illegal agreement may, however, be
declared legal in whole or in part by a court if the court is satisfied that it would be unjust if the
agreement were illegal because it did not comply with this section.
Section 23 declares that a loan agreement with a money lender and any security given for
the loan will not be enforceable if the money lender was unlicensed at the time of making the
agreement or taking the security. The loan agreement or security may, however, be declared
enforceable in whole or in part by a court if the court is satisfied that it would be unjust if the
agreement or security were unenforceable by virtue of this section.
Summary of Part IV of the Ordinance-Excessive interest rates
Section 24 fixes the maximum effective rate of interest on any loan at 60% per annum (the
'effective rate' is to be calculated in accordance with the Second Schedule to the Ordinance). A
loan agreement providing for a higher effective rate will be unenforceable and the lender will be
liable to prosecution. This maximum rate may be changed by the Legislative Council but not so
as to aspect existing agreements. The section does not apply to any loan made to a company
which has a paid up share capital of not less than $1,000,000 or, in respect of any such loan, to
any person who makes that loan.
Section 25 provides that where court proceedings are taken to enforce a loan agreement or
security for a loan or where a borrower or surety himself applies to a court for relief, the court
may look at the terms of the agreement to see whether the terms are grossly unfair or exorbitant
(an effective rate of interest exceeding 48% per annum or such other rate as is fixed by the
Legislative Council, may be presumed, on that ground alone, to be exorbitant), and, taking into
account all the circumstances, it may alter the terms of the agreement in such a manner as to he
fair to all parties. The section does not apply to any loan made to a company which has a paid
up share capital of not less than $1,000,000 or, in respect of any such loan, to any person who
makes that loan.
[1988 Ed.
Abstract
Identifier
https://oelawhk.lib.hku.hk/items/show/2740
Edition
1964
Volume
v12
Subsequent Cap No.
163
Number of Pages
66
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MONEY LENDERS REGULATIONS,” Historical Laws of Hong Kong Online, accessed January 11, 2025, https://oelawhk.lib.hku.hk/items/show/2740.
