TNAG-1807-FCO40-2568-Hong-Kong-pollution-control-Noise-Control-Ordinance-1988-(N-1988 — Page 89

MONEY LENDERS (AMENDMENT)

(e) by adding after paragraph (d)——

Ord. No. 69/88

A415

"(e) the following words, in both English and Chinese, pro-

minently and legibly on its face-

"THE BORROWER OR OTHER PERSON TO WHOM THIS STATEMENT IS SUPPLIED IS REQUIRED UNDER SECTION 19(1A) OF THE MONEY LENDERS ORDINANCE TO ENDORSE ON THE COPY OF THE STATE- MENT THAT HE HAS RECEIVED THE ORIGINAL OF THE STATEMENT AND TO RETURN THE COPY AS SO ENDORSED TO THE MONEY LENDER.

借款人或其他獲得供給此結算書的人須依照放債人條例 第19(1A)條的規定,在結算書的副本上簽註已經收到結 算書正本,以及將經如此簽註的副本交回放債人。”

(2) Section 19 is amended by adding after subsection (1)—

"(1A) The borrower or other person to whom the original and a copy of a statement referred to in subsection (1) is supplied under that

subsection by a money lender shall, as soon as practicable after being so supplied

(a) endorse on the copy of that statement words to the effect that

he has received the original of that statement; and

(b) return the copy of that statement as so endorsed to that money lender, who shall then retain it during the continuance of the agreement to which that statement relates.".

(3) Section 19(2) is amended by repealing "$10" and substituting “the prescribed fee".

17. Section 21 is amended-

(a) in subsection (1), by repealing "Subject to subsection (2), a” and

substituting "A"; and

(b) by repealing subsection (2).

18. Section 22 is amended-

(a) by renumbering it as subsection (1) thereof; and (b) by adding after subsection (1)-

"(2) Notwithstanding subsection (1), if the court before which the legality of any agreement comes in question is satisfied that in all the circumstances it would be inequitable that any such agreement which does not comply with this. section should be held to be unenforceable, the court may order that such agreement is enforceable to such extent, and subject to such modifications or exceptions, as the court considers equitable.".

19. Section 23 is amended by adding at the end-

Early payment by borrower

Illegal agreements

Loan etc, not recoverable unless money

"Provided that if the court is satisfied that in all the circumstances it would be inequitable if a money lender who did not satisfy it that he lender licensed was licensed at the relevant time was thereby not entitled to so recover