PAWNBROKERS ORDINANCE, 1860
Title
PAWNBROKERS ORDINANCE, 1860
Description
ORDINANCE NO.1 OF 1860
PAWNBROKERS ORDINANCE, 1860
AN ORDINANCE to consolidate and amend the Laws relating to
Pawnbrokers.
[16th April, 1860.]
BE it enacted by the Governor of Hongkong. with the advice of the
Legislative Council thereof, as follows:
1.This ordinance may be cited as the Pawnbrokers Ordinance, 1860.
2. Every person who purchases, receives, or takes in any goods, and
pays money for or advances money upon the same. to an amount not
exceeding five hundred dollars, with or under any undertaking. agree-
ment. or condition, express, implied. or resonably inferrible from the
nature or character of the dealing or the usage in respect thereof, that
the said goods in whole or in part may be afterwards redeemed or re-
purchased upon any terms soever, shal be deemed to be a pawnbroker
within the meaning of this Ordinance.
3. No person shall use or exercise the trade or business of a pawn-
broker unless he is the holder of a pawnbroker's licence.
4.(1.) Every such licence shall be granted by and at the discretion
of the Governor, on such conditions touching fees or otherwise as may
be deemed meet.
(2.)A licence shall endure for one year only, but may be renewed at
the like discretion from year to year.
5. A pawnbroker shall not. during the continance of his said licence.
carry on any other trade or occupation in his place of business as such
pawnbroker. except that of pawnbroking and the sale of pledges forfeited
under the preovisions of this Ordinance.
6. A 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 name at length, and after his name the word
'Pawnbroker.'
7. A pawnbroker shall, whenever thereunto required by the Superin-
tendent of Police or any Inspector of Police, or by any other member of
the Police Force bearing a written order in that behalf under the hand
of the said Superunintendent, produce for the inspection of the person so
requiring him all or any goods pledged or deposited with him. and all
books and papers relating to the same.
8. Over and above the principal moneys lent upon any goods pawned
or pledged with the lender. he may demand, receive. and take from the
person applying to redeem the said goods. before re-delivering the same.
interest for the month, and every fractional part of a month. after such
rate as may have been agreed upon at the time of the making of the said
loan; which said principal moneys and interest shall be taken in full
satisfaction of all charges for or incident to the loan to which the same
relate: Provided. nevertheless, that the first month's interest shall be
deemed to be due on the first day of the first month. and may be deducted
from the amount of loan agreed upon.
9. Before any moneys are advanced on any such loan as aforesaid.
the lender thereof shall enter or cause to be entered in a book ito be by
him kept for that purpose, and to be called 'The General Book.' a
fair and legible statement according to the Form NO. 1 in the Schedule
to this Ordinance.
10. The lender shall, at the time of making any such loan as aforesaid,
deliver to thye borrower a ticket containing a true and legible statement
according to the Form No. 2 in the Schedule to this Ordinance.
11. In order to entitle any person to redeem from the lender or his re-
presentatives the goods pledged, the ticket must be returned to the lender
or his representatives by the person applying to redeem the goods, except
as provided for in section 14.
12. On the tender of any such ticket as aforesaid, together with the
full amount then due for principal and interest, if made within three
months from the day of the making of the loan for within the further
term allowed by section 16, it shal be the duty lf the lender or his
representatives to deliver up to the person tendering the ticket the goods
described therein.
13. The last preceding section shall not extend to cases where, at or
previously to such tender, the lender or his representatives has or have
had from the borrower or the owner of the said goods notice not to
deliver the same, or has or have 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 ticket as to which the borrowe5rs have taken
such proceedings as are preovided by the next succeeding section; in all
which cases it shall be the duty of the lenders or their representatives to
withold the goods.
14.-(1.) On the application of any person representing himself to be
the borrower or the owner of the said goods or ticket, as teh case may be,
and to have lost or been unlawfully deprived of the same, it shall be the
duty of the lender or his representatives, if the goods are still unredeemed
or unsold, forthwith to deliver to such applicant a copy of the entry in
the General Book, and the said applicant shall immediately thereupon
kproceed to a Magistrate and obtain an appointment for the purpose of
verifying by lawful evidence the truth of such representation.
(2.) If the said applicant verifies the same to the satisfaction of the
Magistrate within seven days then next following, and obtains a certificate
to that effect, indorsed upon the said copy, it shall be the duty of the
lender or his representatives, on the copy so indorsed being delivered
by the said applicant, to 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 moneys or interest, or
both principal moneys and interest, as the Magistrate may direct.
15. It shall be the duty of a Magistrate, upon lawful evidence being
given to his satisfaction that there are probable grounds for believing
that any goods have been pawned without the privity of theit owner, to
issue his warrant for searching any place where the goods may appears to
him to be; and if any of the goods are discovered upon such search, it
shall be the duty of the person executing the warrant to take them or
cause them to be taken into safe keeping to abide the order of the Magis- trate.
16. Subject to the provisions hereinbefore contained. goods pawed
as aforesaid shall, from and after the expiration of three months, if the
same are then still unredeemed, become and be the property of the lender
or his representatives absolutely: Provided, nevertheless, that if, at the
expiration of three months, the borrower is desirens of continuing the
loan for a further period not exceeding three months, he shall be entitled
to do so on paying the interest then due; and an entry to this effect
shall be made in the General Book and indorsed on the ticket.
17.-(1.) Every person appluing to borrow shall, at the time of his
application in that behalf, give to the pawnbroker to whom such appli-
cation is made true infoumation to enable him to comply with the require-
ments of sections 9 and 10.
(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 ap-
plication 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 circum-
stances under which his applicationis made.
(3.) No personshall pawn, or attempt to pawn, the goods of any other
person without being duly authorized or employed inthat behalf.
18. Any 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 practice on the part of the aplicant in any of the above
cases, is hereby required to scize and detain such applicant, and em-
powered 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 is hereby required to convey him
before a Magistrate.
19.-(1.) Apawnbroker and his representatives shall be liable to make
good all loss or damage accruing to a borrower in the cases following, that
is to say,--
(a.) where the goods pawned have been stolen, embezzled, lost or
otherwise improperly disposed of, before the period for the re-
demption thereof has elapsed; and
(b.) where the goods, before the said period has elapsed, have, by
the default, neglect, or misfeasance of the lender, his representa-
tives or servants, been destroyed, damaged, or impaired in value
(2.) In any of the said cases the 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 them due in respect of such
goods.
20.No pawnbroker shall receive any goods in pawn from any person
under the age of ten years.
21.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.
22.All adjudications and certificates under this Ordinance shall be
summarily had and granted by a Magistrate and enforced according to
the laws for the time being in force relating to the jurisdietion of Ma-
gistrates and the practice and procedure before them in relation to of-
fences punishable on summary conviction.
24.In each of the following cases, that is to say,--
(1.)if any person is convicted in any Court of feloniously taking or
fraudulently obtaining any goods and chattels, and it appears to
teh Court that the same have been pawned with a pawnbroker; or
(2.)if, in any proceedings before a Magistrate, it appears to the
Magistrate that any goods and chattels brought before the Magis-
trate have been unlawfully pawned with a pawnbroker.
the Court or Magistrate, on proof of the ownership of the goods and
chattels, may, if it or he thinks fit, order the delivery thereof to the owne
either on payment to the pawnbroker of the amount of the loan advanced
by him thereon, or of any part thereof, or without payment of such loan
or any part thereof, as to the Court or Magistrate, according to the
conduct of the owner and pawnbroker and the other circumstances of
the case, may seem just and fitting.
25.For offences against this Ordinance there shall be imposed the
penalties following, that is to say, --
(1.)for every offence against sections 3,5,6, and 7 and sections 9
to 14, both inclusive, a penalty not exceeding two hundred dollars,
together with the forfeiture of the offender's licence, if the Magis-
trate so directs;
(2.)for every offence against section 17, the penalty of imprison-
ment, with or without hard labour, for any term not exceeding two
years;
(3.)for every offence against section 18 or section 20, a penalty not
exceeding fifty dollars, together with the forfeiture of the offender's
licence, if the Magistrate so directs;
(4.)for every offence against section 21, a penalty not exceeding five
hundred dollars, together with the forfeiture of the offender's li-
cence, if the magistrate so directs; and
(5.)for every offence against section 22, a penalty not exceeding one
hundred dollars.
26.All penalties received or levied under this Ordinance shall be paid
into the Colonial Treasury to the use of the Crown.
27.Nothing in this Ordinance shall affect the right of appeal against
any adjudication, or the jurisdiction of the Superme Court, or any of the
laws relating to crimes or offences.
28.Nothing in sections 27,28,39, and 40 of the Summary Offences
Ordinance, 1845, shall affect pawnbrokers.
vol.1 1844-1899 36 Pawnbrokers.
The day of Month of Year of
No. of Loan. Name and Abode of Borrower. Description of Article. Amount of Loan. Rate of Interest.
A.D. 1860. Ordinance No. 3 of 1860, with Ordinances No. 4 of 1892 s. 1 and No. 20 of 1896 incorporated. See also Ordinance No. 4 of 1875. Short title. Definition of pawnbroker. Requirement as to pawnbroker's licence. Grant and duration of licence. Restriction of trade of pawnbroker to pawnbroking. Notification at place of business of name and business of pawnbroker. Police inspection of goods, books, etc., of pawnbroker. Interest on loan upon goods pledged. Book to be kept by pawnbroker. Schedule : Form No. 1. Ticket to be given by pawnbroker to borrower. Schedule : Form No. 2: Return of ticket on re-delivery of goods. Delivery up of goods to person producing ticket for them and repaying loan. Cases excepted from operation of s. 12. Provision for cases of lost goods and lost ticket. Issue of search warrant for goods pawned without privity of owner. Conditions under which unredeemed goods become property of pawnbroker. Information to be given by applicant for loan and by applicant for redemption of goods. Duty of pawnbroker to seize and deliver into custody applicant for loan, etc., who is suspected of unlawful practice. Liabilities of pawnbroker. Prohibition of pawn by person under ten years of age. Taking property of the Crown in pawn. Hourse of business of pawnbroker. Procedure under the Ordinance. See Ordinance No. 3 of 1890. Delivery to owner of property unlawfully pawned, with or without compensation to pawnbroker. Penalties for offences. Appropriation of penalties. Saving as to right of appeal against adjudication, etc. Exclusion of certain enactments. No. 1 of 1845. Section 9. Section 10.
PAWNBROKERS ORDINANCE, 1860
AN ORDINANCE to consolidate and amend the Laws relating to
Pawnbrokers.
[16th April, 1860.]
BE it enacted by the Governor of Hongkong. with the advice of the
Legislative Council thereof, as follows:
1.This ordinance may be cited as the Pawnbrokers Ordinance, 1860.
2. Every person who purchases, receives, or takes in any goods, and
pays money for or advances money upon the same. to an amount not
exceeding five hundred dollars, with or under any undertaking. agree-
ment. or condition, express, implied. or resonably inferrible from the
nature or character of the dealing or the usage in respect thereof, that
the said goods in whole or in part may be afterwards redeemed or re-
purchased upon any terms soever, shal be deemed to be a pawnbroker
within the meaning of this Ordinance.
3. No person shall use or exercise the trade or business of a pawn-
broker unless he is the holder of a pawnbroker's licence.
4.(1.) Every such licence shall be granted by and at the discretion
of the Governor, on such conditions touching fees or otherwise as may
be deemed meet.
(2.)A licence shall endure for one year only, but may be renewed at
the like discretion from year to year.
5. A pawnbroker shall not. during the continance of his said licence.
carry on any other trade or occupation in his place of business as such
pawnbroker. except that of pawnbroking and the sale of pledges forfeited
under the preovisions of this Ordinance.
6. A 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 name at length, and after his name the word
'Pawnbroker.'
7. A pawnbroker shall, whenever thereunto required by the Superin-
tendent of Police or any Inspector of Police, or by any other member of
the Police Force bearing a written order in that behalf under the hand
of the said Superunintendent, produce for the inspection of the person so
requiring him all or any goods pledged or deposited with him. and all
books and papers relating to the same.
8. Over and above the principal moneys lent upon any goods pawned
or pledged with the lender. he may demand, receive. and take from the
person applying to redeem the said goods. before re-delivering the same.
interest for the month, and every fractional part of a month. after such
rate as may have been agreed upon at the time of the making of the said
loan; which said principal moneys and interest shall be taken in full
satisfaction of all charges for or incident to the loan to which the same
relate: Provided. nevertheless, that the first month's interest shall be
deemed to be due on the first day of the first month. and may be deducted
from the amount of loan agreed upon.
9. Before any moneys are advanced on any such loan as aforesaid.
the lender thereof shall enter or cause to be entered in a book ito be by
him kept for that purpose, and to be called 'The General Book.' a
fair and legible statement according to the Form NO. 1 in the Schedule
to this Ordinance.
10. The lender shall, at the time of making any such loan as aforesaid,
deliver to thye borrower a ticket containing a true and legible statement
according to the Form No. 2 in the Schedule to this Ordinance.
11. In order to entitle any person to redeem from the lender or his re-
presentatives the goods pledged, the ticket must be returned to the lender
or his representatives by the person applying to redeem the goods, except
as provided for in section 14.
12. On the tender of any such ticket as aforesaid, together with the
full amount then due for principal and interest, if made within three
months from the day of the making of the loan for within the further
term allowed by section 16, it shal be the duty lf the lender or his
representatives to deliver up to the person tendering the ticket the goods
described therein.
13. The last preceding section shall not extend to cases where, at or
previously to such tender, the lender or his representatives has or have
had from the borrower or the owner of the said goods notice not to
deliver the same, or has or have 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 ticket as to which the borrowe5rs have taken
such proceedings as are preovided by the next succeeding section; in all
which cases it shall be the duty of the lenders or their representatives to
withold the goods.
14.-(1.) On the application of any person representing himself to be
the borrower or the owner of the said goods or ticket, as teh case may be,
and to have lost or been unlawfully deprived of the same, it shall be the
duty of the lender or his representatives, if the goods are still unredeemed
or unsold, forthwith to deliver to such applicant a copy of the entry in
the General Book, and the said applicant shall immediately thereupon
kproceed to a Magistrate and obtain an appointment for the purpose of
verifying by lawful evidence the truth of such representation.
(2.) If the said applicant verifies the same to the satisfaction of the
Magistrate within seven days then next following, and obtains a certificate
to that effect, indorsed upon the said copy, it shall be the duty of the
lender or his representatives, on the copy so indorsed being delivered
by the said applicant, to 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 moneys or interest, or
both principal moneys and interest, as the Magistrate may direct.
15. It shall be the duty of a Magistrate, upon lawful evidence being
given to his satisfaction that there are probable grounds for believing
that any goods have been pawned without the privity of theit owner, to
issue his warrant for searching any place where the goods may appears to
him to be; and if any of the goods are discovered upon such search, it
shall be the duty of the person executing the warrant to take them or
cause them to be taken into safe keeping to abide the order of the Magis- trate.
16. Subject to the provisions hereinbefore contained. goods pawed
as aforesaid shall, from and after the expiration of three months, if the
same are then still unredeemed, become and be the property of the lender
or his representatives absolutely: Provided, nevertheless, that if, at the
expiration of three months, the borrower is desirens of continuing the
loan for a further period not exceeding three months, he shall be entitled
to do so on paying the interest then due; and an entry to this effect
shall be made in the General Book and indorsed on the ticket.
17.-(1.) Every person appluing to borrow shall, at the time of his
application in that behalf, give to the pawnbroker to whom such appli-
cation is made true infoumation to enable him to comply with the require-
ments of sections 9 and 10.
(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 ap-
plication 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 circum-
stances under which his applicationis made.
(3.) No personshall pawn, or attempt to pawn, the goods of any other
person without being duly authorized or employed inthat behalf.
18. Any 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 practice on the part of the aplicant in any of the above
cases, is hereby required to scize and detain such applicant, and em-
powered 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 is hereby required to convey him
before a Magistrate.
19.-(1.) Apawnbroker and his representatives shall be liable to make
good all loss or damage accruing to a borrower in the cases following, that
is to say,--
(a.) where the goods pawned have been stolen, embezzled, lost or
otherwise improperly disposed of, before the period for the re-
demption thereof has elapsed; and
(b.) where the goods, before the said period has elapsed, have, by
the default, neglect, or misfeasance of the lender, his representa-
tives or servants, been destroyed, damaged, or impaired in value
(2.) In any of the said cases the 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 them due in respect of such
goods.
20.No pawnbroker shall receive any goods in pawn from any person
under the age of ten years.
21.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.
22.All adjudications and certificates under this Ordinance shall be
summarily had and granted by a Magistrate and enforced according to
the laws for the time being in force relating to the jurisdietion of Ma-
gistrates and the practice and procedure before them in relation to of-
fences punishable on summary conviction.
24.In each of the following cases, that is to say,--
(1.)if any person is convicted in any Court of feloniously taking or
fraudulently obtaining any goods and chattels, and it appears to
teh Court that the same have been pawned with a pawnbroker; or
(2.)if, in any proceedings before a Magistrate, it appears to the
Magistrate that any goods and chattels brought before the Magis-
trate have been unlawfully pawned with a pawnbroker.
the Court or Magistrate, on proof of the ownership of the goods and
chattels, may, if it or he thinks fit, order the delivery thereof to the owne
either on payment to the pawnbroker of the amount of the loan advanced
by him thereon, or of any part thereof, or without payment of such loan
or any part thereof, as to the Court or Magistrate, according to the
conduct of the owner and pawnbroker and the other circumstances of
the case, may seem just and fitting.
25.For offences against this Ordinance there shall be imposed the
penalties following, that is to say, --
(1.)for every offence against sections 3,5,6, and 7 and sections 9
to 14, both inclusive, a penalty not exceeding two hundred dollars,
together with the forfeiture of the offender's licence, if the Magis-
trate so directs;
(2.)for every offence against section 17, the penalty of imprison-
ment, with or without hard labour, for any term not exceeding two
years;
(3.)for every offence against section 18 or section 20, a penalty not
exceeding fifty dollars, together with the forfeiture of the offender's
licence, if the Magistrate so directs;
(4.)for every offence against section 21, a penalty not exceeding five
hundred dollars, together with the forfeiture of the offender's li-
cence, if the magistrate so directs; and
(5.)for every offence against section 22, a penalty not exceeding one
hundred dollars.
26.All penalties received or levied under this Ordinance shall be paid
into the Colonial Treasury to the use of the Crown.
27.Nothing in this Ordinance shall affect the right of appeal against
any adjudication, or the jurisdiction of the Superme Court, or any of the
laws relating to crimes or offences.
28.Nothing in sections 27,28,39, and 40 of the Summary Offences
Ordinance, 1845, shall affect pawnbrokers.
vol.1 1844-1899 36 Pawnbrokers.
The day of Month of Year of
No. of Loan. Name and Abode of Borrower. Description of Article. Amount of Loan. Rate of Interest.
A.D. 1860. Ordinance No. 3 of 1860, with Ordinances No. 4 of 1892 s. 1 and No. 20 of 1896 incorporated. See also Ordinance No. 4 of 1875. Short title. Definition of pawnbroker. Requirement as to pawnbroker's licence. Grant and duration of licence. Restriction of trade of pawnbroker to pawnbroking. Notification at place of business of name and business of pawnbroker. Police inspection of goods, books, etc., of pawnbroker. Interest on loan upon goods pledged. Book to be kept by pawnbroker. Schedule : Form No. 1. Ticket to be given by pawnbroker to borrower. Schedule : Form No. 2: Return of ticket on re-delivery of goods. Delivery up of goods to person producing ticket for them and repaying loan. Cases excepted from operation of s. 12. Provision for cases of lost goods and lost ticket. Issue of search warrant for goods pawned without privity of owner. Conditions under which unredeemed goods become property of pawnbroker. Information to be given by applicant for loan and by applicant for redemption of goods. Duty of pawnbroker to seize and deliver into custody applicant for loan, etc., who is suspected of unlawful practice. Liabilities of pawnbroker. Prohibition of pawn by person under ten years of age. Taking property of the Crown in pawn. Hourse of business of pawnbroker. Procedure under the Ordinance. See Ordinance No. 3 of 1890. Delivery to owner of property unlawfully pawned, with or without compensation to pawnbroker. Penalties for offences. Appropriation of penalties. Saving as to right of appeal against adjudication, etc. Exclusion of certain enactments. No. 1 of 1845. Section 9. Section 10.
Abstract
A.D. 1860. Ordinance No. 3 of 1860, with Ordinances No. 4 of 1892 s. 1 and No. 20 of 1896 incorporated. See also Ordinance No. 4 of 1875. Short title. Definition of pawnbroker. Requirement as to pawnbroker's licence. Grant and duration of licence. Restriction of trade of pawnbroker to pawnbroking. Notification at place of business of name and business of pawnbroker. Police inspection of goods, books, etc., of pawnbroker. Interest on loan upon goods pledged. Book to be kept by pawnbroker. Schedule : Form No. 1. Ticket to be given by pawnbroker to borrower. Schedule : Form No. 2: Return of ticket on re-delivery of goods. Delivery up of goods to person producing ticket for them and repaying loan. Cases excepted from operation of s. 12. Provision for cases of lost goods and lost ticket. Issue of search warrant for goods pawned without privity of owner. Conditions under which unredeemed goods become property of pawnbroker. Information to be given by applicant for loan and by applicant for redemption of goods. Duty of pawnbroker to seize and deliver into custody applicant for loan, etc., who is suspected of unlawful practice. Liabilities of pawnbroker. Prohibition of pawn by person under ten years of age. Taking property of the Crown in pawn. Hourse of business of pawnbroker. Procedure under the Ordinance. See Ordinance No. 3 of 1890. Delivery to owner of property unlawfully pawned, with or without compensation to pawnbroker. Penalties for offences. Appropriation of penalties. Saving as to right of appeal against adjudication, etc. Exclusion of certain enactments. No. 1 of 1845. Section 9. Section 10.
Identifier
https://oelawhk.lib.hku.hk/items/show/555
Edition
1901
Volume
v1
Subsequent Cap No.
166
Cap / Ordinance No.
No. 1 of 1860
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PAWNBROKERS ORDINANCE, 1860,” Historical Laws of Hong Kong Online, accessed January 20, 2025, https://oelawhk.lib.hku.hk/items/show/555.
