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C. Ticket and general book

A pawnbroker must keep a general book in the form prescribed in Form 3 in the First Schedule to the Pawnbrokers Regulations (Cap. 166A). Before advancing any loan and for every loan, he must enter the details in the manner specified in the general book. Any pawnbroker who contravenes this requirement commits an offence and is liable to a maximum fine of HK$5,000. 

 

On the date of advancing a loan, the pawnbroker must deliver to the borrower a ticket in the form prescribed in Form 4 in the First Schedule to the Pawnbrokers Regulations (Cap. 166A). Any pawnbroker who contravenes this requirement commits an offence and is liable to a maximum fine of HK$5,000. 

 

If a ticket is lost or fraudulently taken from the borrower or the owner of the pawned goods and the goods are still unredeemed or unsold, the pawnbroker shall deliver a duplicate of the ticket on the application of any person who:

  1. Produces his proof of identity and represents himself to be the borrower or the owner of the goods;
  2. Tenders the prescribed sum for expenses; and 
  3. Makes and leaves with the pawnbroker a statutory declaration in the form prescribed in Form 5 in the First Schedule to the Pawnbrokers Regulations (Cap. 166A) setting out the circumstances which led to the loss of the ticket. A person who makes a statutory declaration which is false and misleading in a material respect commits an offence and is liable to a maximum fine of HK$25,000 and imprisonment for 1 year. 

 

A pawnbroker must deliver a duplicate ticket and take the statutory declaration of a person who complies with the conditions stated above unless he has reasonable cause to believe that such person was not the borrower or the owner of the goods. Otherwise, the pawnbroker commits an offence and is liable to a maximum fine of HK$10,000 and imprisonment for 6 months.