1964_MONEY_LENDERS_ORDINANCE — Page 11

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CAP. 163]

Money Lenders

[1988 Ed.

(b) objection to the application is made by any other person appearing at the hearing in person or by counsel who-

(i) has served notice of his intention to object and the grounds of such objection on the applicant, the Registrar and the Commissioner of Police and lodged a copy of such notice in the office of the licensing court, not later than 4 days prior to the date fixed for the hearing under subsection (1); or (Amended, 69 of 1988, s. 10)

(ii) is granted leave by the licensing court to make such objection,

and for the purposes of this section "counsel" means a person qualified to practise as a barrister or solicitor under the Legal Practitioners Ordinance (Cap. 159).

(3) The licensing court shall not grant a licence to a person who is a disqualified person.

(4) The licensing court shall, in considering an application to which subsection (2)(a) or (b) applies, hear any evidence given by the applicant or any witnesses called on his behalf and any evidence adduced by or on behalf of the Registrar or the Commissioner of Police or any other person who appears at the hearing under subsection (2)(b).

(5) Subject to subsection (3), the licensing court shall not grant a licence upon an application to which subsection (2)(a) or (b) applies unless the court is satisfied-

(a) that the applicant, or in the case of a firm every partner thereof, is a fit and proper person to carry on business as a money lender;

(b) in the case of a company, that any person who controls such company or in accordance with whose directions or instructions the directors thereof are accustomed to act is a fit and proper person to be associated with the business of money-lending; (Amended, 69 of 1988, s. 10)

(c) that as respects the carrying on of business as a money lender, any person responsible or proposed to be responsible for the management of the business or any part thereof, or in the case of a company any director or secretary or other officer thereof, is a fit and proper person to be associated with the business of money-lending; (Amended, 69 of 1988, s. 10)

(d) that the name under which the applicant applies to be licensed is not misleading or otherwise undesirable;

(e) that as respects any of the premises to which the application relates, such premises and the situation thereof are suitable for the carrying on of the business of money-lending;

(f) that the applicant has complied with the provisions of this Part and any regulations relating to the application; and

(g) that in all the circumstances the grant of such licence is not contrary to the public interest.

(6) A licence granted under this section shall be subject to such conditions as the licensing court may impose.