Hong Kong Ordinances

MONEY LENDERS ORDINANCE - SECT 11

Determination of application for licence

(1) The licensing court shall fix a date for the hearing of an application
lodged under section 9(5) and shall give 14 clear days' notice of such date to
the applicant, the Registrar and the Commissioner of Police. (Amended 69 of
1988 s. 10)

(2) Subject to subsection (3), the licensing court shall grant a licence upon
the hearing of an application lodged under section 9(5) except where-

   (a)  the Registrar or the Commissioner of Police has served notice under
        section 9 of his intention to object to the application and, at the
        hearing of the application, objection to the application is made by or
        on behalf of the Registrar or, as the case may be, the Commissioner of
        Police; or

   (b)  objection to the application is made by any other person appearing at
        the hearing in person or by counsel who-

        (i)    has served notice of his intention to object and the grounds of
               such objection on the applicant, the Registrar and the
               Commissioner of Police and lodged a copy of such notice in the
               office of the licensing  court, not later than 4 days prior to
               the date fixed for the hearing under subsection (1); or
               (Amended 69 of 1988 s. 10)

        (ii)   is granted leave by the licensing court to make such objection,
and for the purposes of this section "counsel" (大律師) means a person
qualified to practise as a barrister or solicitor under the Legal 
Practitioners Ordinance ( Cap 159).

(3) The licensing court shall not grant a licence to a person who is a
disqualified person.

(4) The licensing court shall, in considering an application to which
subsection (2)(a) or (b) applies, hear any evidence given by the applicant or
any witnesses called on his behalf and any evidence adduced by or on behalf of
the Registrar or the Commissioner of Police or any other person who appears at
the hearing under subsection (2)(b).

(5) Subject to subsection (3), the licensing court shall not grant a licence
upon an application to which subsection (2)(a) or (b) applies unless the court
is satisfied-

   (a)  that the applicant, or in the case of a firm every partner thereof, is
        a fit and proper person to carry on business as a money  lender;

   (b)  in the case of a company, that any person who controls such company or
        in accordance with whose directions or instructions the directors
        thereof are accustomed to act is a fit and proper person to be
        associated with the business of money-lending; (Amended 69 of 1988 s.
        10)

   (c)  that as respects the carrying on of business as a money lender, any
        person responsible or proposed to be responsible for the management of
        the business or any part thereof, or in the case of a company any
        director or secretary or other officer thereof, is a fit and proper
        person to be associated with the business of money-lending; (Amended
        69 of 1988 s. 10)

   (d)  that the name under which the applicant applies to be licensed is not
        misleading or otherwise undesirable;

   (e)  that as respects any of the premises to which the application relates,
        such premises and the situation thereof are suitable for the carrying
        on of the business of money-lending;

   (f)  that the applicant has complied with the provisions of this Part and
        any regulations relating to the application; and

   (g)  that in all the circumstances the grant of such licence is not
        contrary to the public interest.

(6) A licence granted under this section shall be subject to such conditions
as the licensing court may impose.

(7) A licence granted under this section shall not be issued and shall not
enter into force except on payment to the licensing court of the prescribed
fee.
and for the purposes of this section "counsel" (大律師) means a person
qualified to practise as a barrister or solicitor under the Legal 
Practitioners Ordinance ( Cap 159).