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(Cap 166 section 26) [24 August 1984] (L.N. 99 of 1984) Cap 166A reg 1 Citation These regulations may be cited as the Pawnbrokers Regulations. Cap 166A reg 2 Directions in and language of forms Remarks: Adaptation amendments retroactively made - see 71 of 1999 s. 3 A form prescribed by these regulations shall be completed- (a) in accordance with any directions specified in the form; and (b) if an application form, in the English or Chinese language, or in both the English and the Chinese languages. (Amended 71 of 1999 s. 3) Cap 166A reg 3 Application form and licence form (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. Cap 166A reg 4 Form of general book 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. Cap 166A reg 5 Form of ticket 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. Cap 166A reg 6 Form of declaration relating to lost ticket 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. Cap 166A reg 7 Fees etc. (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 II of the Second Schedule. Cap 166A reg 8 Hours of business (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 $5000. Cap 166A reg 9 Conditions to which licence is subject 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 (Cap 221)(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 "押" 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. Cap 166A Sched 1 FORM 1 [regulation 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); 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: Name I.D. Card No. Address Date of Birth Period of service as director 1. 2. 3. 4. 15. Give the following details of each bank at which you keep or propose to keep an account in connection with your business as a pawnbroker- Name of bank Its Address The Account Number Date Account opened 1. 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- The Offence Penalty imposed Date of conviction Court which tried 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 Ordinance may commit an offence under the Money Lenders Ordinance (Chapter 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 connection 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 $4000 will be payable upon such grant or renewal. _______________ FORM 2 [regulation 3(3)] Licence No. ............................ PAWNBROKERS ORDINANCE (Section 5) (Chapter 166) PAWNBROKERS REGULATIONS Pawnbrokers Licence LICENCE is granted this .............. day of .............................................................. 19 ......... to ........................................................................................................................................ (name and identity card number) to carry on business as a pawnbroker at .................................................................................. ............................................................................................................ (address of premises) for a period of 12 months from the date of grant. THIS LICENCE is subject to the conditions prescribed in regulation 9 of the Pawnbrokers Regulations. THIS LICENCE shall, unless it is earlier cancelled, cease to have effect on .............................. 19 .............. ................................................................... Commissioner of Police. ______________ PAWNBROKERS ORDINANCE [regulation 4] (Chapter 166) GENERAL BOOK KEPT UNDER SECTION 12 FORM 3 ENTRY IN GENERAL BOOK The ................................... day of ............................. moon of the ................ year, 19 ........ . No. of Loan Date of advancing money on loan Name of borrower Number and type of identity document of borrower Home address of borrower Description of goods Rate of interest Amount of loan Duration of loan (L.N. 222 of 1995) ______________ PAWNBROKERS ORDINANCE [regulation 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- The ................................... day of ............................. moon of the ................ year, 19 ........ . No. of Loan Date of advancing money on loan Name of borrower Number and type of identity document of borrower Home address of borrower Description of goods Rate of interest Amount of loan Duration of loan 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 loan you may do so subject to your paying the interest then due; (c) the goods will be redelivered to you 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 fraudulent deprivation and paying to him the sum of $10 for expenses, obtain a duplicate ticket. (L.N. 222 of 1995) FORM 5 [regulation 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 I am the borrower and/or* the owner of goods pawned in respect of the following loan made with you- Date of advancing money on loan Description of goods Rate of interest Amount of loan Duration of 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. (L.N. 222 of 1995) Cap 166A Sched 2 [regulation 7] PART I-FEES Fee payable upon the grant or renewal of a licence under section 5 of the Ordinance (L.N. 333 of 2000) ............................................................................. $4600 PART II-EXPENSES Sum to be tendered to a pawnbroker upon the application of any person under section 14 of the Ordinance ................................................................................... $ 10