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(i) In providing for special rates of interest, specified in the Second Schedule, for certain special classes of goods. This provision takes the place of the proviso in section 8 of Ordinance 1 of 1860, which states that 'special rates may be charged for cotton quilts, shoes, leather trunks, copper, iron, lead, tin, gold and silver watches, jade, and precious stones
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(iv) In prohibiting any pawnbroker from demanding
interest in excess of the authorised rate.
(v) In enacting that no loans shall be made by any pawnbroker, and no interest charged by him thereon in any currency other than the currency of the Colony.
This last provision will do away with loans in taels and with any consequential disputes about rates of exchange. The change from taels to Hong Kong currency has been in practical operation since 1925 when it was adopted by the principal pawnbrokers.
12. Section 28 (1) differs from section 24 (1) of Ordinance 1 of 1860 mainly in substituting "goods", which is the term used in other sections for "goods and chattels '
13. By section 24 of Ordinance No. 1 of 1860 the court or magistrate is empowered to make an order for the restoration to the owner of an article which has been stolen and pawned, or unlawfully pawned, on payment of the whole or part of the loan, or without payment. As the law stands at present, if an
order has been made which is adverse to the owner it can be wholly disregarded by him, at least in cases where it has not been made on his application, and in spite of the order he can still sue for the return of the article without payment to the pawnbroker: see Leicester & Co. v. Cherryman (1907) 2 K.B. 101. It seems desirable, however, that, if an order is made, it should be final. Section 28 of this Ordinance accordingly provides that an order of this kind shall be a bar to any other remedy for the recovery of the article. It is, however, provided that both the owner and the pawnbroker must be given an opportunity of being heard.
The provisions of section 88 of the Larceny Ordinance, 1865, and of section 24 of the Sale of Goods Ordinance, 1896, are in conflict with this amendment, and have therefore been specially referred to in section 28 (3)
14. Section 29 gives the penalties.
15. Section 30 repeats section 28 of Ordinance 1 of 1860 in exempting pawnbrokers from certain provisions of Ordinance 1 of 1845.
16. Section 31 repeals Ordinance 1 of 1860).
17. Sections 23 and 27 of Ordinance 1 of 1860 are not re-enacted in the present Ordinance, because the latter section seems quite unnecessary. Moreover they would conflict with section 28 of the present Ordinance.
18. The First Schedule contains the scale of fees for pawnbrokers licences, in different districts, which is now is use. The Second Schedule contains special rates for special classes of goods, referred to in section 12. The Third Schedule contains Forms similar to those in the Schedule to Ordinance 1 of 1860 but to remove doubts of persons who have not access to the Ordinance but only the book or pawn ticket to go by the word "moon" is printed instead of "month".
September, 1930.
C. G. ALABASTER,
Attorney General.