### Pawnbrokers Ordinance 《當押商條例》

5. Licences
(1) The Commissioner may, upon application made to him in the prescribed form and manner and upon payment of the prescribed fee, grant a licence to a person to carry on business as a pawnbroker. 
(2) The Commissioner shall not grant a licence unless he is satisfied—
(a) that the applicant is a fit and proper person to carry on business as a pawnbroker; 
(b) that the applicant has complied with the provisions of this Ordinance and any regulations relating to the application; and 
(c) that in all the circumstances the grant of such licence is not contrary to the public interest. 
(3) Every licence shall be in the prescribed form and shall authorize the person to whom it is granted to carry on business as a pawnbroker at the premises specified therein for a period of 12 months from the date on which it is granted. 
(4) The Commissioner may, upon application made to him in the prescribed form and manner and on payment of the prescribed fee, renew a licence, and the provisions of section 9 shall have effect in respect of any such application to renew. 
(5) Any person who makes any false or misleading statement or furnishes any false or misleading information in connexion with any application to obtain or renew a licence under this section commits an offence and is liable to a fine at level 4 and to imprisonment for 1 year. (Amended E.R. 3 of 2022)

6. Transfer of licence and substitution of premises
(1) Except as provided in this section a licence shall not be transferable. 
(2) The Commissioner may, on application to him in writing by any person, and on sufficient cause being shown to his satisfaction, permit the transfer of an existing licence until its expiration to another person, and such transfer shall be endorsed on the licence. 
(3) Where a licence is transferred under subsection (2), a reference in section 8 or 9 to a person to whom the licence was granted shall be construed as a reference to the person to whom the licence has been transferred. 
(4) Where a pawnbroker intends to transfer his business as a pawnbroker from the premises specified in his licence to premises not so specified, he may apply to the Commissioner, in writing, to have the premises to which he intends to transfer such business endorsed on his licence in substitution for the first-mentioned premises. 
(5) The Commissioner may, in his discretion, grant an application for an endorsement under subsection (4) and if so granted, the licence shall be endorsed accordingly.

### Pawnbrokers Ordinance 《當押商條例》

7. Grant or transfer of licence to bodies corporate or partnerships
(1) Where a body corporate or a partnership wishes to obtain a licence under section 5 a person authorized in that behalf shall apply as the representative of the body corporate or the partnership and, if a licence is granted by the Commissioner, it shall be expressed to be granted to that person on behalf of the body corporate or the partnership, as the case may be. 
(2) Where a licence is transferred to a body corporate or a partnership under section 6, it shall be expressed to be transferred to a person authorized in that behalf as the representative of the body corporate or the partnership, as the case may be.

8. Licence conditions
(1) A licence shall be subject to the prescribed conditions. 
(2) Where a condition of a licence is contravened, the person to whom the licence was granted commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 3 of 2022)

9. Cancellation and refusal to renew
The Commissioner may cancel or refuse to renew a licence at any time if—
(a) he is satisfied that any false or misleading statement or information was made or furnished in connexion with the application to obtain or renew the licence; or 
(b) the person to whom the licence was granted is convicted of an offence under this Ordinance or any regulations made thereunder; or 
(c) a condition of the licence is contravened, whether or not any person has been convicted of an offence under section 8(2); or 
(d) in his opinion the person to whom the licence was granted has ceased to be a fit and proper person to carry on business as a pawnbroker; or 
(e) in his opinion the public interest so requires.

10. Appeal and operation and effect of cancellation
(1) Any person aggrieved by a decision of the Commissioner under section 5, 6 or 9 may appeal by way of petition to the Chief Executive within 28 days of the decision and on any such appeal the Chief Executive may confirm, vary or reverse the decision of the Commissioner. 
(2) The operation of any decision to cancel a licence under section 9, appealed against under subsection (1), shall be suspended until the appeal has been heard and determined by the Chief Executive. 
(3) The cancellation of a licence shall not affect any agreement for the loan of a sum of money on the security of any goods pawned or other like agreement made by the pawnbroker as such, nor shall he by reason only of the cancellation lose his lien on, or right to, any goods or goods pawned or to the loan and profit thereon, but he shall be allowed to pursue and wind up his business in respect of goods which he has received before the cancellation.
(Amended 71 of 1999 s. 3)

### Pawnbrokers Ordinance 《當押商條例》

11. Interest on loans
(1) A pawnbroker may demand and take simple interest, per lunar month, over and above the principal paid or advanced by him upon any goods pawned with him, from the person applying to redeem those goods before redelivering the same, at any rate not exceeding that specified in the Second Schedule. 
(2) The payment of principal and interest shall be accepted by the pawnbroker in full satisfaction of all charges for or incidental to the loan to which they relate. 
(3) No agreement for the loan of a sum of money on the security of goods pawned shall be enforceable in any case where the pawnbroker demands or takes simple interest in excess of the rate specified in the Second Schedule, or demands or takes compound interest, or any payment other than principal and interest and in any such case—
(a) the borrower or owner of the goods shall be entitled to redeem the goods without payment of interest or any charges for or incidental to the loan; and 
(b) the pawnbroker shall be entitled to recover the amount of the loan. 
(4) No pawnbroker shall in relation to any loan—
(a) demand or take simple interest in excess of the rate specified in the Second Schedule; 
(b) demand or take compound interest; or 
(c) demand or take any payment other than principal, interest or the prescribed sum for expenses under section 14. 
(5) Any pawnbroker who contravenes subsection (4) commits an offence and is liable to a fine at level 4 and to imprisonment for 1 year. (Amended E.R. 3 of 2022)

12. Details of loan to be entered in general book kept by pawnbroker
(1) A pawnbroker shall keep a general book in the prescribed form and shall in respect of every loan, enter or cause to be entered the details as specified in the form, before advancing any money on loan. 
(2) Any pawnbroker who contravenes subsection (1) commits an offence and is liable to a fine at level 2. (Amended E.R. 3 of 2022)

13. Ticket to be given to borrower
(1) A pawnbroker shall on the date of advancing any money on loan deliver to the borrower a ticket in the prescribed form. 
(2) Any pawnbroker who contravenes subsection (1) commits an offence and is liable to a fine at level 2. (Amended E.R. 3 of 2022)