ORDINANCE No. 11 of 1858.
Pawnbrokers, &c.-Offences.
No. 11 of 1858.
An Ordinance for the prevention of Offences touching Securities, Sales, and Deposits.
[6th July, 1858.]
BE it enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:---
1. All additions to drafts on bankers within the meaning of Ordinance No. 3 of 1857, shall be deemed to be (by whomsoever and at whatsoever time the said additions may be made) part of the drafts themselves, for the purpose of the payment thereof respectively; and any cancellation or erasure of such additions, and likewise any alteration thereof (except for the mere purpose of filling up any blanks therein), shall be deemed a forgery of the said drafts respectively.
2. A person obtaining by fraud or false pretence the acceptance of a bill of exchange (whether drawn by himself or any other person) from a third party, shall (whether the said bill so accepted remain in his hands or not) be deemed to have obtained a valuable security by fraud, or (as the case may be) false pretence, within the meaning of the Laws in force for the repression of the said offences; and persons fraudulently obtaining monies or chattels upon or by means of a draft order or warrant addressed to any person, society, company, or firm, who, to the knowledge of the persons so obtaining the said monies or chattels, at the time of obtaining the same, have stopped payment or suspended business, shall be deemed to have obtained the said monies or chattels by a false pretence, and shall be punishable accordingly.
3. No person shall act as a lender of money to an amount being less than five hundred current dollars in any one transaction upon deposit of goods and chattels, unless he be then the actual holder of a pawnbroker's licence, or as a public salesman, unless he be then the actual holder of an auctioneer's licence.
4. Every such licence shall be granted by and at the discretion of His Excellency in Executive Council, on such conditions, touching fees or otherwise, as shall be deemed meet; and the same shall endure for one year only, but may be renewed at the like discretion from year to year.
5. No such lender of money as aforesaid shall, during the continuance of his said licence, carry on any other trade or occupation in his place of business as such lender.
6. He 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" (or "Pawnbrokers" if he be the member of a firm of such lenders).
7. He shall, when soever thereunto required by the Superintendent 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 Superintendent, produce for the inspection of the party so requiring him all or any goods and chattels pledged or deposited with him on loan of monies, and all books and papers relating to the same.
Page 127
Additions to cheques on bankers.
Acceptances obtained by fraud or false pretence, and drafts &c., upon persons who have stopped payment, &c.
Pawnbrokers' and auctioneers' licences.
To be granted by the Governor in Council.
No lender to carry on another trade.
Names and business of lenders to be painted.
Inspection of books, &c., by Police.
ORDINANCE No. 11 or 1858.
Pawnbrokers, &c.-Offences.
No. 11 of 1858.
An Ordinance for the prevention of Offences touching Securities, Sales,
and Deposits.
BR
[6th July, 1858.]
E it enacted and ordained by His Excellency the Governor of Hongkong, with the
advice of the Legislative Council thereof, as follows:---
1. All additions to drafts on bankers within the meaning of Ordinance No. 3 of 1857, shall be deemed to be (by whomsoever and at whatsoever time the said additions may be made) part of the drafts themselves, for the purpose of the payment thereof respectively; and any cancellation or erasure of such additions, and likewise any alte- ration thereof (except for the mere purpose of filling up any blanks therein), shall be deemed a forgery of the said drafts respectively.
2. A person obtaining by fraud or false pretence the acceptance of a bill of ex- change (whether drawn by himself or any other person) from a third party, shall (whether the said bill so accepted remain in his hands or not) be deemed to have obtained a valuable security by fraud, or (as the case may be) false pretence, within the meaning of the Laws in force for the repression of the said offences; and persons fraudulently obtaining monies or chattels upon or by means of a draft order or warrant addressed to any person, society, company, or firm, who, to the knowledge of the persons so obtaining the said monies or chattels, at the time of obtaining the same, have stopped payment or suspended business, shall be deemed to have obtained the said monies or chattels by a false pretence, and shall be punishable accordingly.
3. No person shall act as a lender of money to an amount being less than five hundred current dollars in any one transaction upon deposit of goods and chattels, unless he be then the actual holder of a pawnbroker's licence, or as a public salesman, unless he be then the actual holder of an auctioneer's licence.
4. Every such licence shall be granted by and at the discretion of His Excellency in Executive Council, on such conditions, touching fees or otherwise, as shall be deemed meet; and the same shall endure for one year only, but may be renewed at the like discretion from year to year.
5. No such lender of money as aforesaid shall, during the continuance of his said licence, carry on any other trade or occupation in his place of business as such lender.
6. He 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 naine at length, and after his name the word "Pawnbroker" (or "Pawnbrokers" if he be the member of a firm of such lenders).
7. He shall, when soever thereunto required by the Superintendent 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 Superintendent, produce for the inspec- tion of the party so requiring him all or any goods and chattels pledged or deposited with him on loan of monies, and all books and papers relating to the same.
127
Additions to che- ques on bankers.
Acceptances ob- tained by fraud or false pretence, and drafts &c.,
upon persons
who have stop- ped payment,
&c.
Pawnbrokers* and auctioneers' licences.
To be granted by the Governor in Council.
No lender to carry on another trade.
Names and busi- ness of lenders. to be painted.
Inspection of books, &c., by Police.
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