1964_PAWNBROKERS_ORDINANCE — Page 11

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CAP. 166]

Pawnbrokers

[1984 Ed.

(b) if ownership of the goods cannot be established or where the owner cannot be found, make an order that the goods be sold or retained in the possession of the Commissioner;

or

(c) make an order that the goods be forfeited to the Crown.

(3) In the making of an order under subsection (1)(a), the court or magistrate shall take into account the conduct of the owner and of the pawnbroker and consider whether the fault or carelessness of either party has caused or contributed to the unlaw- ful pawning of the goods and shall as regards the apportionment between them of any loss or damage-

(a) in the case where the court or magistrate finds-

(i) that no fault or carelessness in their conduct; or (ii) that equal fault or carelessness in their conduct,

has caused or contributed to the unlawful pawning of the goods, apportion the loss or damage in equal shares;

(b) in the case where the court or magistrate finds that the fault or carelessness in the conduct of the owner or of the pawnbroker, as the case may be, has caused or contributed to the unlawful pawning of the goods in the whole or in the greater part. apportion the loss or damage in such whole or greater part, having regard to their respective shares in the responsibility for such unlawful pawning.

(4) Where any person claims ownership of the goods, no order shall be made by the court or magistrate under subsection (2) unless the pawnbroker and the alleged owner have been given an opportunity of being heard.

(5) Any order made by the court or magistrate under subsec- tion (2) shall bar any civil remedy which the owner or any other person would have had for the recovery of the goods, and the owner shall not be entitled to claim the return of the goods except under the terms of such order.

(6) No order for the delivery, sale or forfeiture of goods shall be made under subsection (2) unless the court or magistrate is satisfied that the goods will not be required as an exhibit in any proceedings.

(7) Where under subsection (2)(b) a court or magistrate orders the sale or retention of goods, and no person commences proceed- ings to establish his ownership of or entitlement to the goods, or the proceeds of sale thereof, within 6 months from the date such order is made, the goods or the proceeds of sale shall become the property of the Crown.

(8) An order made under subsection (2), other than an order for retention of goods, shall not be carried out until the period allowed for making an appeal against the order has expired, or where such an appeal is duly made, until the appeal has been finally determined or abandoned.