1984 Ed.]
Pawnbrokers
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(i) stolen, lost or improperly disposed of; or
(ii) destroyed, damaged or impaired in value; or
(b) he has failed to comply with section 16.
(2) In subsection (1) "the period for redemption" means, in relation to any goods pawned, the period of 4 lunar months from the date, as determined under section 17, of advancing any money on loan on the security of those goods.
(3) A pawnbroker who contravenes subsection (1) commits an offence and is liable to a fine of $5,000.
(4) In any proceedings before a court or magistrate, whether or not for an offence under this section, such court or magistrate shall allow and award to the borrower or owner of the goods an amount in satisfaction of such loss or damage, from which shall be deducted the amount of principal and interest then due in respect of the loan to which the goods relate.
(5) Notwithstanding anything in subsection (1) or (4) the liability of a pawnbroker for loss or damage under this section shall not exceed, in respect of any one article pawned, the sum specified in the First Schedule.
23. (1) Where in any proceedings before a court or magistrate-
(a) it appears that any goods have been unlawfully pawned with a pawnbroker; or
(b) a person has been convicted of an offence under this Ordinance and it appears that any goods brought before the court or magistrate by which he is convicted in connexion with the offence have been pawned with a pawnbroker, whether or not the pawnbroker is the person so convicted,
the court or magistrate shall dispose of the goods in the manner provided by this section.
(2) The court or magistrate may, in respect of any goods to which subsection (1) applies, of its or his own motion or upon application-
(a) on proof of ownership of the goods, make, subject to subsection (3), an order for the delivery or non-delivery thereof to the owner-
(i) on payment to the pawnbroker of the amount of the loan advanced by him thereon and the interest due; or
(ii) on payment to the pawnbroker of any part of such loan or interest; or
(iii) without payment to the pawnbroker of any part of such loan or interest,
as may seem just in all the circumstances;
First Schedule.
Powers of court in respect of goods pawned, whether lawfully or unlawfully.
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