1964_MONEY_LENDERS_ORDINANCE — Page 9

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 163]

Money Lenders

[1988 Ed.

(6) The Registrar shall give notice to the Commissioner of Police of any lodgement made under subsection (5).

Licensing court

10. (1) Where an application is lodged under section 9(5), the licensing court shall hear and determine the application in accordance with section 11.

(2) For the purposes of hearing and determining an application lodged under section 9(5), the licensing court shall be constituted by---

(a) where no notice has been served on the applicant under section 9(4) or 11(2)(b)(i), subject to subsection (3), a magistrate sitting alone; and

(b) where a notice has been served on the applicant under section 9(4) or 11(2)(b)(i), a magistrate sitting with 2 assessors.

(3) Without limiting the generality of the power of the licensing court under section 10B(f) to adjourn the hearing of an application lodged under section 9(5), the licensing court shall, where-

(a) it is constituted by a magistrate sitting alone; and

(b) it grants leave under section 11(2)(b)(ii) to a person to object to the application,

adjourn the hearing to another date to be heard and determined by the licensing court constituted by a magistrate sitting with 2 assessors.

(4) Where the licensing court is constituted by a magistrate sitting with 2 assessors, the decision of the licensing court shall be that of the majority of the members and shall be recorded in writing:

Provided that the magistrate's rulings on matters of law shall bind the licensing court.

(5) The Registrar shall be provided with a copy of each decision of the licensing court.

(Replaced, 69 of 1988, s. 9)

Selection of assessors and payment of fees to assessors

10A. (1) Where under this Ordinance the licensing court is required to be constituted by a magistrate sitting with 2 assessors, the Registrar of the Supreme Court shall select those assessors.

(2) Where an assessor selected under subsection (1) attends the licensing court for which he has been so selected, he shall, irrespective of whether he sits as an assessor, be paid a fee of an amount equal to the fee fixed under section 7A(2) of the Magistrates Ordinance (Cap. 227) to be paid to an assessor for his services.

(Added, 69 of 1988, s. 9)

Powers of licensing court

10B. Subject to this Ordinance, the licensing court may determine its own procedure and in particular may—

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00 8 CAP. 163] Money Lenders [1988 Ed. (6) The Registrar shall give notice to the Commissioner of Police of any lodgement made under subsection (5). Licensing court 10. (1) Where an application is lodged under section 9(5), the licensing court shall hear and determine the application in accordance with section 11. (2) For the purposes of hearing and determining an application lodged under section 9(5), the licensing court shall be constituted by--- (a) where no notice has been served on the applicant under section 9(4) or 11(2)(b)(i), subject to subsection (3), a magistrate sitting alone; and (b) where a notice has been served on the applicant under section 9(4) or 11(2)(b)(i), a magistrate sitting with 2 assessors. (3) Without limiting the generality of the power of the licensing court under section 10B(f) to adjourn the hearing of an application lodged under section 9(5), the licensing court shall, where- (a) it is constituted by a magistrate sitting alone; and (b) it grants leave under section 11(2)(b)(ii) to a person to object to the application, adjourn the hearing to another date to be heard and determined by the licensing court constituted by a magistrate sitting with 2 assessors. (4) Where the licensing court is constituted by a magistrate sitting with 2 assessors, the decision of the licensing court shall be that of the majority of the members and shall be recorded in writing: Provided that the magistrate's rulings on matters of law shall bind the licensing court. (5) The Registrar shall be provided with a copy of each decision of the licensing court. (Replaced, 69 of 1988, s. 9) Selection of assessors and payment of fees to assessors 10A. (1) Where under this Ordinance the licensing court is required to be constituted by a magistrate sitting with 2 assessors, the Registrar of the Supreme Court shall select those assessors. (2) Where an assessor selected under subsection (1) attends the licensing court for which he has been so selected, he shall, irrespective of whether he sits as an assessor, be paid a fee of an amount equal to the fee fixed under section 7A(2) of the Magistrates Ordinance (Cap. 227) to be paid to an assessor for his services. (Added, 69 of 1988, s. 9) Powers of licensing court 10B. Subject to this Ordinance, the licensing court may determine its own procedure and in particular may—

Baseline (Original)

00 8 CAP. 163] Money Lenders [1988 Ed. (6) The Registrar shall give notice to the Commissioner of Police of any lodgement made under subsection (5). Licensing court 10. (1) Where an application is lodged under section 9(5), the licensing court shall hear and determine the application in accordance with section 11. (2) For the purposes of hearing and determining an application lodged under section 9(5), the licensing court shall be constituted by--- (a) where no notice has been served on the applicant under section 9(4) or 11(2)(b)(i), subject to subsection (3), a magistrate sitting alone; and (b) where a notice has been served on the applicant under section 9(4) or 11(2)(b)(i), a magistrate sitting with 2 assessors. (3) Without limiting the generality of the power of the licensing court under section 10B(ƒ) to adjourn the hearing of an application lodged under section 9(5), the licensing court shall, where- (a) it is constituted by a magistrate sitting alone; and (b) it grants leave under section 11(2)(b)(ii) to a person to object to the application, adjourn the hearing to another date to be heard and determined by the licensing court constituted by a magistrate sitting with 2 assessors. (4) Where the licensing court is constituted by a magistrate sitting with 2 assessors, the decision of the licensing court shall be that of the majority of the members and shall be recorded in writing: Provided that the magistrate's rulings on matters of law shall bind the licensing court. (5) The Registrar shall be provided with a copy of each decision of the licensing court. (Replaced, 69 of 1988, s. 9) Selection of assessors and payment of fees to assessors 10A. (1) Where under this Ordinance the licensing court is required to be constituted by a magistrate sitting with 2 assessors, the Registrar of the Supreme Court shall select those assessors. (2) Where an assessor selected under subsection (1) attends the licensing court for which he has been so selected, he shall, irrespective of whether he sits as an assessor, be paid a fee of an amount equal to the fee fixed under section 7A(2) of the Magistrates Ordinance (Cap. 227) to be paid to an assessor for his services. (Added, 69 of 1988, s. 9) Powers of licensing court 10B. Subject to this Ordinance, the licensing court may determine its own procedure and in particular may—

2026-05-05 03:30:50 · Baseline

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