PAWNBROKERS REGULATIONS

PAWNBROKERS REGULATIONS

PAWNBROKERS REGULATIONS

(Cap. 166, section 26)

[24 August 1984.1

1. These regulations may be cited as the Pawnbrokers Regula-
tions.

2. A form prescribed by these regulations shall be corn-
pleted-

(a)in accordance with any directions specified in the form;
and

(b)if an application form, in the English language, or in both
the English and the Chinese languages.

3. (1) An application to obtain or renew a licence under
section 5 of the Ordinance shall be in Form 1 in the First Schedule.

(2) A licence shall be renewed by replacement of the expiring
licence.

(3) A licence shall be in Form 2 in the First Schedule.

4. The general book to be kept by a pawnbroker under
section 12(1) of the Ordinance shall be in Form 3 in the First
Schedule.

5. The ticket to be delivered by a pawnbroker to a borrower
under section 13(1) of the Ordinance shall be in Form 4 in the First
Schedule.

6. The statutory declaration to be taken by a pawnbroker
under section 14(1) of the Ordinance shall be in Form 5 in the First
Schedule.

7. (1) The fee payable to the Commissioner upon the grant
or renewal of a licence under section 5 of the Ordinance shall be the
fee prescribed in Part I of the Second Schedule.

(2) The sum to be tendered to a pawnbroker for expenses
upon the application of any person under section 14(1) of the
Ordinance shall be the sum prescribed in Part 11 of the Second
Schedule.

8. (1) No goods shall be pawned, received in pawn or
redeemed except between the hours of-

(a)8 a.m. and midnight on the day preceding Lunar New
Year's Day; and

(b) 8 a.m. and 8 p.m. on any other day.





(2) Any pawnbroker who contravenes paragraph (1) commits
an offence and is liable to a fine of $5,000.

9. The conditions to which a licence is subject under section
8(1) of the Ordinance are as follows-

(a)the pawnbroker shall comply with section 101(3) of the
Criminal Procedure Ordinance (which section requires
that where the pawnbroker has reasonable cause to suspect
that any property which is being offered or delivered to
him in pawn is stolen property, he shall, if he can in all
reasonable safety do so, apprehend the person offering the
same, and shall take possession of the property so offered)
and if he does so, shall thereafter immediately inform the
nearest police station;

(b)the pawnbroker shall during the continuance of his licence
carry on no trade or occupation at his place of business
other than that of a pawnbroker and of the sale of goods
that have become the property of the pawnbroker under
the Ordinance;

(c)the pawnbroker shall cause to be painted and kept painted
in large and legible English letters and Chinese characters,
over the door of his 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; and
(d)the pawnbroker shall maintain, in a conspicuous place at
his place of business, a clearly legible sign in both English
and.Chinese stating-
(i) the rate of interest on loans specified in the Second
Schedule to the Ordinance; and
(ii) that the liability of the pawnbroker under section 22
of the Ordinance for any loss or damage shall not exceed, in
respect of any one article pawned, the sum specified in the
First Schedule to the Ordinance, such sum being set out in
figures.

FIRST SCHEDULE
FORM. 1 [reg. 3(1).]
Application No ........................
PAWNBROKERS ORDINANCE (Section 5)
(Chapter 166)
PAWNBROKERS REGULATIONS
To the Commissioner of Police
APPLICATION FOR A PAWNBROKERS LICENCE

BEFORE completing this application READ the Note below.

I .............................hereby apply for
a licence to carry on business as a pawnbroker.
In support of my application I submit the following particulars:





A: Personal Details
1. Name of applicant:
2. Identity Card No.: --- ------
3. Commercial Code No.:
4. Telephone No.:
5. Residential address:
6. Date of birth:
7. Place of birth: --- ........ .................
8. Nationality: ....................................................

B: Business Details
9. Name of business establishment: .........................................................................

...............
10. Address of business premises including number. street and floor: ---
........................... ..------ ---
11. Indicate by deleting as necessary whether you are-
I am- (a) the owner of the premises: or
(b) the principal tenant; or
(c) a sub-tenant.
12. Indicate by deleting as necessary whether the business is-The business is-
(a) an individual concern; or
(b) a partnership (not a body corporate j: or
(c) a body corporate.
13. If the business is a partnership state the following particulars-

(a) Date partnership formed: .................

(b) Details of Partners:

Name I. D. Card No. Address Date of Birth
1 .
2.
3.
4.
14. If the business is a body corporate state the following particulars-
(a) Company name: ...........................................................................................
(b) Place of incorporation: .......... ................
(c) Date of incorporation: .................................................................................
(d) Registered office: ...................................................................
(e) Details of Directors:

Period of
I. D. Card Date of set-rice as
Name No. Address Birth director
1.
2.
3.
4.





15.Give the following details of each bank at which you keep or propose to keep an
account in connexion with your business as a pawnbroker-

The Account Date Account
Name of bank Its Address Number opened

2.
3.
4~

C: Other Particulars
16. (a) Have you ever previously made application for a licence under the
Pawnbrokers Ordinance?
Yes/No (Delete as necessary)
(b) If 'Yes' state-
(i) the date of application ...... .............................................................
(ii) whether the application was successful.
Successful/ Unsuccessful (Delete as necessary)
(c) If the application was unsuccessful, state the reason if known to you

17. (a) Have you ever been convicted of an offence, other than a traffic offence, in
Hong Kong or elsewhere?
Yes/No (Delete as necessary)
(b) If 'Yes', give the following details-
Penalty Date of Court which tried
The Offence
imposed conviction the offence

1.

2.

3.

4.
I declare that the information given by me in this application is to the best of my
knowledge and belief, both true and correct.

Dated this day of 19

Signed ......................................................
Applicant.
Note 1,You are advised to read the Pawnbrokers Ordinance and the
Pawnbrokers Regulations which make provision for the manner in which
the business of a pawnbroker is to be carried on. In particular, you should
refer to regulation 9 of the Regulations which sets out the conditions to
which all licences are subject.

2.You should also note that a pawnbroker making a loan which exceeds the
monetary limit set out in the First Schedule to the Pawnbrokers Ordin-
ance may commit an offence under the Money Lenders Ordinance (Chap-
ter 163) if he is not also in possession of a licence under that Ordinance.

3.You are warned that the making of any false or misleading statement or
the furnishing of any false or misleading information in connexion with
this application may result in both the refusal of the grant or renewal of a
licence, or its subsequent cancellation if it is granted or renewed, and in
your prosecution for the commission of an offence.

4.If the Commissioner decides to grant or renew a licence, a fee of $4,000
will be payable upon such grant or renewal.
1984ed 1984ed 1984ed 1984ed





PAWNBROKERS ORDINANCE [reg. 5.]
(Chapter 166)

TICKET DELIVERED UNDER SECTION 13(1)

FORm 4

PAWN TICKET

No. ..

From ...........................................................................................................................
................(name of pawnbroker)
of .............(address of premises) pawnbrokers.

To .............as borrower.
................(name of borrower)

1. The particulars of the loan are-





2. You are advised that-
(a) the goods pawned shall upon the expiration of 4 lunar months from the date
of advancing the money on loan become, if they are not earlier redeemed.
the property of the pawnbroker:
(b) if before the expiration of 4 lunar months from the date of advancing the
money on loan, You wish to continue the loanvou mas do so subject toyour
paying the interest then due:
(c) the goods will be redeli~ ered to Y ou if within 4 lunar months from the date
of advancing money on loan. you tender this ticket together with the full
amount then due for principal and interest;
(d) if you lose or are fraudulently deprived of this ticket and the goods remain
unredeemed or unsold. you may, upon providing the pawnbroker with a
statutory declaration setting forth the circumstances of such loss or fraudu-
lent deprivation and paying to him the sum of SIO for expenses. obtain a
duplicate ticket.


FORM 5 [reg. 6.]

PAWNBROKERS ORDINANCE (Section 14)
(Chapter 166)

PAWNBROKERS REGULATIONS

STATUTORY DECLARATION AS To LOST TICKET

To ...............................................................................................................................
(name of pawnbroker)

I...................................(name, number and type of identity document of declarant)
of .........................................................................................
(address)
solemnly and sincerely declare-





1 That 1 am the borrower and/or* the owner of goods pawned in respect of the
following loan made with you-
Date of
advancing Description Rate of Amount Duration
money ofgoods interest of loan of loan
on loan

2. I no longer have the ticket relating to the loan in my possession for the following
reasons-
(give details) ........................................................................................................

.....................................

And I make this solemn declaration conscientiously believing the same to be true.

Signed ........................

Declared at .................... in Hong Kong this..............
day of .................... 19.....

Before me ....................

..............................
Pawnbroker.
*(delete as required)

Directions to pawnbroker

In taking this declaration you should ask the person so declaring to confirm that
he is the person named and described in the declaration, that the contents of the
declaration are true and that the signature is his signature.


SECOND SCHEDULE [reg. 7]

PART I-FEES

Fee payable upon the grant or renewal of a licence under section 5
of the Ordinance .................. $4.000

PART II-EXPENSES

Sum to be tendered to a pawnbroker upon the application of any
person under section 14 of the Ordinance $ 10
L.N. 99/84. Citation. Directions in and language of forms. Application form and licence form. Form 1. Form 2. Form of general book. Form 3. Form of ticket. Form 4. Form of declaration relating to lost ticket. Form 5. Fees etc. Second Schedule. Hours of business. Conditions to which licence is subject. (Cap. 221.)

L.N. 99/84. Citation. Directions in and language of forms. Application form and licence form. Form 1. Form 2. Form of general book. Form 3. Form of ticket. Form 4. Form of declaration relating to lost ticket. Form 5. Fees etc. Second Schedule. Hours of business. Conditions to which licence is subject. (Cap. 221.)

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