1901_PAWNBROKERS_ORDINANCE__1860 — Page 5

HK Historical Laws 香港歷史法例 All AI Reviewed

A.D. 1880.]

D. 1860.

If the lender, at the time of pawning, is entitled to the effect of his application, an entry is made in the circumstances. Any other person or suspect as above mentioned and employed into him to make it clear that the property is lost, or the representative, by value.

PAWNBROKERS.

[No. 1.

20. No pawnbroker shall receive any goods in pawn from any person under the age of ten years.

Prohibition of pawn by person under ten years of age.

21. It shall not be lawful for any pawnbroker to receive in pawn any goods having upon them any mark or sign denoting them to be or to have been the property of the Crown or of any public department.

Prohibition of property of the Crown in pawn.

22. No goods shall be pawned or redeemed before six o'clock in the morning or after eight o'clock in the night.

Hours of business of pawnbroker.

Procedure under the Ordinance.

23. All adjudications and certificates under this Ordinance shall be summarily had and granted by a Magistrate and enforced according to the laws for the time being in force relating to the jurisdiction of Magistrates and the practice and procedure before them in relation to offences punishable on summary conviction.

24. In each of the following cases, that is to say,--

No. 3 of 1890.

Delivery to owner of property unlawfully pawned, with or without compensation to pawnbroker.

(1.) if any person is convicted in any Court of feloniously taking or fraudulently obtaining any goods and chattels, and it appears to the Court that the same have been pawned with a pawnbroker; or

(2.) if, in any proceedings before a Magistrate, it appears to the Magistrate that any goods and chattels brought before the Magistrate have been unlawfully pawned with a pawnbroker,

the Court or Magistrate, on proof of the ownership of the goods and chattels, may, if it or he thinks fit, order the delivery thereof to the owner, either on payment to the pawnbroker of the amount of the loan advanced by him thereon, or of any part thereof, or without payment of such loan or any part thereof, as to the Court or Magistrate, according to the conduct of the owner and pawnbroker and the other circumstances of the case, may seem just and fitting.

25. For offences against this Ordinance there shall be imposed the penalties following, that is to say,--

(1.) for every offence against sections 3, 5, 6, and 7 and sections 9 to 14, both inclusive, a penalty not exceeding two hundred dollars, together with the forfeiture of the offender's licence, if the Magistrate so directs;

(2.) for every offence against section 17, the penalty of imprisonment, with or without hard labour, for any term not exceeding two years;

(3.) for every offence against section 18 or section 20, a penalty not exceeding fifty dollars, together with the forfeiture of the offender's licence, if the Magistrate so directs;

(4.) for every offence against section 21, a penalty not exceeding five hundred dollars, together with the forfeiture of the offender's licence, if the Magistrate so directs;

Penalties for offences.

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A.D. 1880.] D. 1860. If the lender, at the time of pawning, is entitled to the effect of his application, an entry is made in the circumstances. Any other person or suspect as above mentioned and employed into him to make it clear that the property is lost, or the representative, by value. PAWNBROKERS. [No. 1. 20. No pawnbroker shall receive any goods in pawn from any person under the age of ten years. Prohibition of pawn by person under ten years of age. 21. It shall not be lawful for any pawnbroker to receive in pawn any goods having upon them any mark or sign denoting them to be or to have been the property of the Crown or of any public department. Prohibition of property of the Crown in pawn. 22. No goods shall be pawned or redeemed before six o'clock in the morning or after eight o'clock in the night. Hours of business of pawnbroker. Procedure under the Ordinance. 23. All adjudications and certificates under this Ordinance shall be summarily had and granted by a Magistrate and enforced according to the laws for the time being in force relating to the jurisdiction of Magistrates and the practice and procedure before them in relation to offences punishable on summary conviction. 24. In each of the following cases, that is to say,-- No. 3 of 1890. Delivery to owner of property unlawfully pawned, with or without compensation to pawnbroker. (1.) if any person is convicted in any Court of feloniously taking or fraudulently obtaining any goods and chattels, and it appears to the Court that the same have been pawned with a pawnbroker; or (2.) if, in any proceedings before a Magistrate, it appears to the Magistrate that any goods and chattels brought before the Magistrate have been unlawfully pawned with a pawnbroker, the Court or Magistrate, on proof of the ownership of the goods and chattels, may, if it or he thinks fit, order the delivery thereof to the owner, either on payment to the pawnbroker of the amount of the loan advanced by him thereon, or of any part thereof, or without payment of such loan or any part thereof, as to the Court or Magistrate, according to the conduct of the owner and pawnbroker and the other circumstances of the case, may seem just and fitting. 25. For offences against this Ordinance there shall be imposed the penalties following, that is to say,-- (1.) for every offence against sections 3, 5, 6, and 7 and sections 9 to 14, both inclusive, a penalty not exceeding two hundred dollars, together with the forfeiture of the offender's licence, if the Magistrate so directs; (2.) for every offence against section 17, the penalty of imprisonment, with or without hard labour, for any term not exceeding two years; (3.) for every offence against section 18 or section 20, a penalty not exceeding fifty dollars, together with the forfeiture of the offender's licence, if the Magistrate so directs; (4.) for every offence against section 21, a penalty not exceeding five hundred dollars, together with the forfeiture of the offender's licence, if the Magistrate so directs; Penalties for offences. Page 5 Page 6
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A.D. 1880.] D. 1860. < yuyul hs, if the he lender if, at the uing the e entitled his effect e of his ch appli- require- an entry such ap- is place circum- "y other frow or suspect & above nd em- se; and ed into ey him o make 1g, that lost, or the re- ve, by esenta- value. ard an all be of such PAWNBROKERS. [Nc. 1. 20. No pawnbroker shall receive any goods in pawn from any person under the age of ten years. 35 Prohibition of pawn by per- son under ten years of age. 21. It shall not be lawful for any pawnbroker to receive in pawn any goods having upon them any mark or sign denoting them to be or to have property of been the property of the Crown or of any public department. the Crown in pawn. 22. No goods shall be pawned or redeemed before six o'clock in the Hours of bu morning or after eight o'clock in the night. siness of pawnbroker. Procedure under the Ordinance. 23. All adjudications and certificates under this Ordinance shall be summarily had and granted by a Magistrate and enforced according to the laws for the time being in force relating to the jurisdiction of Ma- SerOrdinance gistrates and the practice and procedure before them in relation to of- fences punishable on summary conviction. 24. In each of the following cases, that is to say,-- No. 3 of 1890. Delivery to owner of property (1.) if any person is convicted in any Court of feloniously taking or fraudulently obtaining any goods and chattels, and it appears to unlawfully the Court that the same have been pawned with a pawnbroker; or (2.) if, in any proceedings before a Magistrate, it appears to the compensation Magistrate that any goods and chattels brought before the Magis- broker. trate have been unlawfully pawned with a pawnbroker, the Court or Magistrate, on proof of the ownership of the goods and chattels, may, if it or he thinks fit, order the delivery thereof to the owner, either on payment to the pawnbroker of the amount of the loan advanced by him thereon, or of any part thereof, or without payment of such loan or any part thereof, as to the Court or Magistrate, according to the conduct of the owner and pawnbroker and the other circumstances of the case, may seem just and fitting. pawned, with or without to pawn- 25. For offences against this Ordinance there shall be imposed the Penalties for penalties following, that is to say,-- (1.) for every offence against sections 3, 5, 6, and 7 and sections 9 to 14, both inclusive, a penalty not exceeding two hundred dollars, together with the forfeiture of the offender's licence, if the Magis- trate so directs; (2.) for every offence against section 17, the penalty of imprison- ment, with or without hard labour, for any term not exceeding two years; (3.) for every offence against section 18 or section 20, a penalty not exceeding fifty dollars, together with the forfeiture of the offender's licence, if the Magistrate so directs; (4.) for every offence against section 21, a penalty not exceeding fivo hundred dollars, together with the forfeiture of the offender's li- cence, if the Magistrate so directs; and offences. Page 5Page 6
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A.D. 1880.]

D. 1860.

< yuyul hs, if the

he lender if, at the

uing the

e entitled

his effect

e of his

ch appli- require-

an entry

such ap- is place circum-

"y other

frow or

suspect & above

nd em-

se; and ed into ey him

o make 1g, that

lost, or

the re-

ve, by

esenta-

value.

ard an all be

of such

PAWNBROKERS.

[Nc. 1.

20. No pawnbroker shall receive any goods in pawn from any person under the age of ten years.

35

Prohibition of pawn by per- son under ten years of age.

21. It shall not be lawful for any pawnbroker to receive in pawn any goods having upon them any mark or sign denoting them to be or to have property of been the property of the Crown or of any public department.

the Crown

in pawn.

22. No goods shall be pawned or redeemed before six o'clock in the Hours of bu morning or after eight o'clock in the night.

siness of pawnbroker.

Procedure under the

Ordinance.

23. All adjudications and certificates under this Ordinance shall be summarily had and granted by a Magistrate and enforced according to the laws for the time being in force relating to the jurisdiction of Ma- SerOrdinance gistrates and the practice and procedure before them in relation to of- fences punishable on summary conviction.

24. In each of the following cases, that is to say,--

No. 3 of 1890.

Delivery to owner of property

(1.) if any person is convicted in any Court of feloniously taking or

fraudulently obtaining any goods and chattels, and it appears to unlawfully the Court that the same have been pawned with a pawnbroker; or (2.) if, in any proceedings before a Magistrate, it appears to the compensation

Magistrate that any goods and chattels brought before the Magis- broker. trate have been unlawfully pawned with a pawnbroker,

the Court or Magistrate, on proof of the ownership of the goods and chattels, may, if it or he thinks fit, order the delivery thereof to the owner, either on payment to the pawnbroker of the amount of the loan advanced by him thereon, or of any part thereof, or without payment of such loan or any part thereof, as to the Court or Magistrate, according to the conduct of the owner and pawnbroker and the other circumstances of the case, may seem just and fitting.

pawned, with or without

to pawn-

25. For offences against this Ordinance there shall be imposed the Penalties for penalties following, that is to say,--

(1.) for every offence against sections 3, 5, 6, and 7 and sections 9 to 14, both inclusive, a penalty not exceeding two hundred dollars, together with the forfeiture of the offender's licence, if the Magis- trate so directs;

(2.) for every offence against section 17, the penalty of imprison- ment, with or without hard labour, for any term not exceeding two

years;

(3.) for every offence against section 18 or section 20, a penalty not exceeding fifty dollars, together with the forfeiture of the offender's licence, if the Magistrate so directs;

(4.) for every offence against section 21, a penalty not exceeding fivo hundred dollars, together with the forfeiture of the offender's li- cence, if the Magistrate so directs; and

offences.

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