MONEY LENDERS ORDINANCE ——附加英文版
Hong Kong
MONEY LENDERS ORDINANCE
(CHAPTER 163)
CONTENTS
ion
I PRELIMINARY
hort title and application
nterpretation
rdinance not to apply to authorized institutions
egistrar of Money Lenders and supervisory functions of Registrar
fficial secrecy
nspection of register
Documents admissible in evidence
II LICENSING OF MONEY LENDERS
estriction on carrying on of business of money lender
pplication for licence and public notification of application
nvestigation and lodgement of applications
Licensing court
Selection of assessors and payment of fees to assessors
Powers of licensing court
Immunity
Determination of application for licence
Effect and duration of licence
Renewal
Revocation and suspension
Transfer of licence and addition or substitution of new premises
Appeals
Duty to notify changes of particulars
III MONEY LENDERS' TRANSACTIONS
Form of agreement
Duty of money lender to give information to borrower
Duty of money lender to give information to surety
Early payment by borrower
Illegal agreements
Loan etc. not recoverable unless money lender licensed
IV EXCESSIVE INTEREST RATES
Prohibition of excessive interest rates
Reopening of certain transactions
V GENERAL
Restriction on money-lending advertisements
Charges for expenses etc. not recoverable
Power of Registrar and police to enter premises and inspect books,
Offences by money lenders
Offences of fraudulent inducement and obstruction
Offences relating to licensing court
Liability for offences by companies
Penalties and disqualification
Time limitation for instituting certain prosecutions
Burden of proof
General exemptions
Specific exemptions
Legislative Council may amend Schedule 1
Regulations
Saving
Existing loans
dule 1
dule 2
provide for the control and regulation of money lenders and
money-
ing transactions, the appointment of a Registrar of Money Lenders
and
licensing of persons carrying on business as money lenders; to
provide
ection and relief against excessive interest rates and
extortionate
ulations in respect of loans; to provide for offences and for
matters
ected with or incidental to the foregoing; and to repeal the
Money-
ers Ordinance 1911.
December 1980] L. N. 347 of 1980
PART I PRELIMINARY
hort title and application
This Ordinance may be cited as the Money Lenders Ordinance.
This Ordinance shall have effect notwithstanding any agreement
to the
rary.
nterpretation
In this Ordinance, unless the context otherwise requires--
pany" means a body corporate--
incorporated under the Companies Ordinance (Cap. 32);
incorporated by any other Ordinance; or
incorporated or established outside Hong Kong; (Added 69 of 1988
s. 2)
qualified person" means a person in respect of whom there is in
force
rder made by a court under section 32 (2);
ective rate", in relation to interest, means the true
annual
entage rate of interest calculated in accordance with Schedule
2;
nded 69 of 1988 s. 2)
m" means an unincorporate body of 2 or more individuals, or 1 or
more
viduals and 1 or more companies, or 2 or more companies, who
have
red into partnership with one another with a view to
carrying on
ness for profit; (Amended 69 of 1988 s. 2)
erest" does not include any sum lawfully agreed to be
paid in
rdance with this Ordinance on account of stamp duty or other
similar
, but save as aforesaid includes any amount (by whatever name
called)
xcess of the principal, which amount has been or is to be
paid or
ble in consideration of or otherwise in respect of a loan;
ence" means a money lender's licence granted under section
11 or
wed under section 13, and "licensed" and "licensee" have
corresponding
ings; (Amended 69 of 1988 s. 2)
ensing court" means--
a magistrate sitting alone; or
a magistrate sitting with 2 assessors,
he case may be, in accordance with section 10, 14 or 15; (Replaced
69
988 s. 2)
n" includes advance, discount, money paid for or on account of
or on
lf of or at the request of any person, or the forbearance to
require
ent of money owing on any account whatsoever, and every
agreement
tever its terms or form may be) which is in substance or effect
a loan
oney, and also an agreement to secure the repayment of any such
loan,
"lend" and "lender" shall be construed accordingly;
ey lender" means every person whose business (whether or
not he
ies on any other business) is that of making loans or who
advertises
nnounces himself or holds himself out in any way as carrying on
that
ness, but does not include--
a person specified in Part 1 of Schedule 1; or
as respects a loan specified in Part 2 of Schedule 1, any person
who
s such loan; (Amended 69 of 1988 s. 2)
scribed" means prescribed by regulations made under section 34;
ncipal", in relation to a loan, means the amount actually lent;
ister" means the register kept by the Registrar under section 4;
istrar" means the Registrar of Money Lenders appointed under
section
sidiary" means subsidiary within the meaning of section 2
of the
anies Ordinance (Cap. 32). (Added 69 of 1988 s. 2)
For the purposes of this Ordinance, where by an agreement for the
loan
oney the interest charged on the loan is not expressed in terms
of a
, any amount paid or payable to the lender under the agreement
(other
simple interest charged in accordance with the proviso to section
22)
l be appropriated to principal and interest in the proportion that
the
l amount of principal bears to the total amount of the interest,
and
rate per cent per annum represented by the interest
charged as
ulated in accordance with Schedule 2 shall be deemed to be the
rate of
rest charged on the loan. (Amended 69 of 1988 s. 2)
For the purpose of determining the amount of the principal of a
loan,
amount thereof which is not shown to have been lent except for
the
ose of treating it as an instalment paid by the borrower in
repayment
he loan and which is so treated by the lender shall be disregarded.
References in this Ordinance to an assessor are references to a
person
inted to a panel of assessors under section 7A of the
Magistrates
nance (Cap. 227). (Added 69 of 1988 s. 2)
rdinance not to apply to authorized institutions
Ordinance shall not apply to--
an authorized institution within the meaning of the Banking
Ordinance
. 155); or
as respects a loan made to such an authorized institution, any
person
makes such loan.
laced 69 of 1988 s. 3)
egistrar of Money Lenders and supervisory functions of Registrar
The Governor shall appoint a public officer to be the
Registrar of
y Lenders.
The Registrar shall establish and maintain a register in
which he
l cause to be kept particulars, other than specified particulars,
of--
applications for the grant or renewal of licences; (Amended 69
of 1988
)
licences which are in force or have been revoked or suspended;
such other matters, if any, as he thinks fit.
In this section "specified particulars" means particulars
furnished
r section 8 which are specified in regulations made under
section 34
articulars which shall not be entered in the register.
fficial secrecy
Except as may be necessary for the exercise or performance
of any
tion or duty under this Ordinance or for carrying into
effect the
isions of this Ordinance, the Registrar and every person
employed in
ying out or in assisting any person to carry out the
provisions of
Ordinance--
shall preserve and aid in preserving secrecy with regard
to all
ers relating to the affairs of any person that may come
to his
ledge in the exercise or performance of any function or duty
under
Ordinance;
shall not communicate any such matter to any person other
than the
on to whom such matter relates; and
shall not suffer or permit any person to have access to any records
in
possession, custody or control of any person to whom this
subsection
ies.
Subsection (1) does not apply--
to the disclosure of information in the form of a summary of
similar
rmation provided by a number of persons if the summary is so framed
as
revent particulars relating to the business of any particular
person
g ascertained from it;
to the disclosure of information with a view to the institution
of, or
rwise for the purposes of, any criminal proceedings; (Replaced
69 of
s. 5)
in connection with any civil proceedings arising out of, or
relating
section 22, 23, 24, 25, 27, 33, 33B or 36; or (Added 69 of 1988
s. 5)
to the disclosure of information to the Financial
Secretary, the
etary for Monetary Affairs, or any public officer authorized
by the
ncial Secretary for the purposes of this paragraph where,
in the
ion of the Registrar, it is desirable or expedient that
information
ld be disclosed in the public interest. (Added 69 of 1988 s. 5)
Any person who--
contravenes subsection (1); or
aids, abets, counsels or procures any person to contravene
subsection
commits an offence and shall be liable to a fine of $ 100,000 and
to
isonment for 2 years.
nspection of register
Any person shall be entitled on payment of the prescribed fee--
to inspect the register during ordinary office hours and take
copies
ny entry; or
to obtain from the Registrar a copy, certified by or
under the
ority of the Registrar to be correct, of any entry in the register.
The Registrar shall give public notice, in such manner as he may
deem
of the place where and the times when the register may be
inspected.
Documents admissible in evidence
cument purporting to be a copy, certified by or under the
authority of
Registrar to be true and correct, of any entry in the register
shall
dmissible in evidence in criminal or civil proceedings
before any
t on its production without further proof and, until the
contrary is
ed, the court shall presume that--
the signature and certification to the document is that
of the
strar or a person authorized by him in that behalf, and
the document is a true and correct copy.
ed 69 of 1988 s. 6)
PART II LICENSING OF MONEY LENDERS
estriction on carrying on of business of money lender
No person shall carry on business as a money lender--
without a licence;
at any place other than the premises specified in such licence;
or
rwise than in accordance with the conditions of a licence.
A licence shall be in the prescribed form.
pplication for licence and public notification of application
An application for a licence shall be made to the Registrar in
the
cribed form and in the prescribed manner, and shall be accompanied
by
prescribed fee and a statement in writing containing the
prescribed
iculars in respect of the application.
An application made under this section in respect of a company
may be
by any person authorized in that behalf by such company. (Amended
69
988 s. 7)
An application made under this section in respect of partners
in a
may be made by any such partner.
The Registrar shall, in such manner as may be prescribed, give
public
ce of every application made under this section.
nvestigation and lodgement of applications
Where an application is made under section 8, the applicant
shall at
same time send a copy of the application to the
Commissioner of
ce, and the Commissioner of Police may cause an investigation
to be
ied out in respect of the application for the purpose of
determining
her, in the opinion of the Commissioner of Police, there are
grounds
objecting to the application under section 11.
For the purpose of carrying out an investigation under this
section,
Commissioner of Police may in writing require the applicant to
produce
inspection such books, records or documents or to
furnish such
rmation relating to the application or any business carried
on or
nded to be carried on by him as the Commissioner of
Police may
ify.
In respect of an application made under section 8, no step other
than
registration of such application shall be taken by the Registrar
prior
the date on which a period of 60 days after the date on which
the
ication is made expires; or
the date on which the Commissioner of Police notifies the
Registrar
any investigation carried out under this section in respect of
the
ication has been completed, whichever is the earlier (in this
section
rred to as "the material date").
Where the Registrar or the Commissioner of Police intends to
object
r section 11 to any application for a licence, he shall, not
later
7 days after the material date, serve notice on the applicant of
his
ntion to object and of the grounds of such objection; and where
such
ce is served by the Commissioner of Police, he shall send a
copy
eof to the Registrar.
Upon the expiration of a period of 7 days after the material date
in
ect of any application made under section 8, the Registrar shall
lodge
application with such magistrate as he deems fit, together with
a copy
ny notice served on the applicant under subsection (4).
(Replaced 69
988 s. 8)
The Registrar shall give notice to the Commissioner of Police of
any
ement made under subsection (5).
Licensing court
Where an application is lodged under section 9 (5), the
licensing
t shall hear and determine the application in accordance with
section
For the purposes of hearing and determining an application
lodged
r section 9 (5), the licensing court shall be constituted by-
-
where no notice has been served on the applicant under section
9 (4)
1 (2) (b) (i), subject to subsection (3), a magistrate sitting
alone;
where a notice has been served on the applicant under section 9
(4) or
2) (b) (i), a magistrate sitting with 2 assessors.
Without limiting the generality of the power of the licensing
court
r section 10B (f) to adjourn the hearing of an application
lodged
r section 9 (5), the licensing court shall, where--
it is constituted by a magistrate sitting alone; and
it grants leave under section 11 (2) (b) (ii) to a person to object
to
application, adjourn the hearing to another date to be
heard and
rmined by the licensing court constituted by a magistrate sitting
with
sessors.
Where the licensing court is constituted by a magistrate sitting
with
sessors, the decision of the licensing court shall be that
of the
rity of the members and shall be recorded in writing:
ided that the magistrate's rulings on matters of law shall bind
the
nsing court.
The Registrar shall be provided with a copy of each decision of
the
nsing court. (Replaced 69 of 1988 s. 9)
Selection of assessors and payment of fees to assessors
Where under this Ordinance the licensing court is required
to be
tituted by a magistrate sitting with 2 assessors, the Registrar
of the
eme Court shall select those assessors.
Where an assessor selected under subsection (1) attends the
licensing
t for which he has been so selected, he shall, irrespective of
whether
its as an assessor, be paid a fee of an amount equal to the fee
fixed
r section 7A (2) of the Magistrates Ordinance (Cap. 227) to be
paid to
ssessor for his services. (Added 69 of 1988 s. 9)
Powers of licensing court
ect to this Ordinance, the licensing court may determine
its own
edure and in particular may--
receive and consider any material, whether by way of oral
evidence,
ten statements, documents or otherwise, notwithstanding
that such
rial would not be admissible in evidence in civil or
criminal
eedings;
by notice in writing signed by the presiding magistrate, require
any
on to attend before it at any hearing and to give evidence and
produce
ments;
administer oaths and affirmations;
examine on oath, affirmation or otherwise any person attending
before
t any hearing and require such person to answer all questions put
by
ith its consent;
determine the manner in which the material referred to in
paragraph
shall be received; and
adjourn any hearing from time to time as it may deem fit, and may
do
things--
ancillary to the powers conferred by this section; or
reasonably necessary for the discharge of its functions under
this
nance. (Added 69 of 1988 s. 9)
Immunity
-
member of the licensing court; and
witness, party to any proceedings, representative or other
person
aring before the licensing court, shall have the same privileges
and
nities in any proceedings before the licensing court or
in the
cise of the licensing court's functions as he would have
before a
t in civil proceedings.
ed 69 of 1988 s. 9)
Determination of application for licence
The licensing court shall fix a date for the hearing of an
application
ed under section 9 (5) and shall give 14 clear days' notice of
such
to the applicant, the Registrar and the Commissioner of Police.
nded 69 of 1988 s. 10)
Subject to subsection (3), the licensing court shall grant a
licence
the hearing of an application lodged under section 9 (5)
except
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重大事故查处挂牌督办办法
国务院安全生产委员会
国务院安委会关于印发《重大事故查处挂牌督办办法》的通知
安委〔2010〕6号
各省、自治区、直辖市人民政府,新疆生产建设兵团,国务院有关部门:
为认真贯彻落实《国务院关于进一步加强企业安全生产工作的通知》(国发〔2010〕23号),加强重大生产安全事故的查处,严肃追究事故责任者,有效防范和坚决遏制重特大事故发生,国务院安委会制定了《重大事故查处挂牌督办办法》。现印发给你们,请遵照执行。
国务院安全生产委员会
二○一○年九月二日
重大事故查处挂牌督办办法
第一条为严肃查处重大生产安全事故(以下简称重大事故),保障人民群众生命和财产安全,依据《国务院关于进一步加强企业安全生产工作的通知》(国发〔2010〕23号)的规定,制定本办法。
第二条国务院安委会对重大事故调查处理实行挂牌督办,国务院安委会办公室具体承担挂牌督办事项。
各省级人民政府负责落实挂牌督办事项,省级人民政府安委会办公室具体承担本行政区域内重大事故挂牌督办事项的综合工作。
第三条国务院安委会对重大事故查处挂牌督办,按照以下程序办理:
(一)国务院安委会办公室提出挂牌督办建议,报国务院安委会领导同志审定同意后,以国务院安委会名义向省级人民政府下达挂牌督办通知书;
(二)在中央主流媒体和中央政府网站、中国安全生产报、安全监管总局政府网站上公布挂牌督办信息。
第四条挂牌督办通知书包括下列内容:
(一)事故名称;
(二)督办事项;
(三)办理期限;
(四)督办解除方式、程序。
第五条省级人民政府接到挂牌督办通知后,应当依据有关规定,组织和督促有关职能部门按照督办通知要求办理下列事项:
(一)做好事故善后工作;
(二)查清事故原因,认定事故性质;
(三)分清事故责任,提出对责任人的处理意见;
(四)依法实施经济处罚;
(五)形成事故调查报告;
(六)监督落实事故防范和整改措施。
第六条省级人民政府应当自接到挂牌督办通知之日起60日内完成督办事项。
第七条在重大事故查处督办期间,省级人民政府安委会办公室应当加强与国务院安委会办公室的沟通,及时汇报有关情况。
国务院安委会办公室负责对督办事项的指导、协调和督促。
第八条重大事故调查报告形成初稿后,省级人民政府安委会应当及时向国务院安委会办公室作出书面报告,经审核同意后,由省级人民政府作出批复决定。
第九条重大事故查处结案后,省级人民政府安委会和国务院安委会办公室应将重大事故挂牌督办情况和事故查处结案情况,在中央主流媒体和中央政府网站、中国安全生产报、安全监管总局政府网站上予以公告,接受社会监督。
第十条承担挂牌督办事项的省级人民政府有关职能部门对督办事项无故拖延、敷衍塞责,或者在解除挂牌督办过程中弄虚作假的,依法追究相关人员责任。
第十一条对依据有关法律、行政法规规定由国务院有关部门或者机构组织调查处理的重大事故的挂牌督办,依照本办法的相关规定执行。
第十二条对于重大事故以下的事故的挂牌督办,由各省级人民政府安委会参照本办法的规定另行制定。
第十三条本办法自印发之日起施行。