Hong Kong Ordinances

MONEY LENDERS ORDINANCE - SECT 28

Power of Registrar and police to enter premises and inspect books, etc.

(Past version on 30/06/1997).

(1) Where-

   (a)  the Registrar or any other person authorized in writing for the
        purposes of this section by the Registrar; or

   (b)  a police officer of or above the rank of superintendent or any other
        police officer authorized in writing for the purposes of this section
        by a police officer of or above such rank, has a reasonable suspicion
        that a money lender has committed an offence
against this Ordinance (in this section referred to as the "suspected
offence"), he may enter any premises where the business of the money  lender
is being carried on and may demand the production of and inspect the
money lender's licence or any books, accounts, documents or writings relating
to any loan made by the money lender or relating to his business as a
money lender, and may take notes, copies or extracts thereof or therefrom.

(2) Where pursuant to subsection (1) a police officer has entered any premises
where the business of a money lender is being carried on, he may seize any
books, accounts, documents or writings relating to any loan made by the
money lender or relating to his business as a money lender that the police
officer reasonably believes to be related to the suspected  offence. (Amended
L.N. 307 of 1998)

(3) Any books, accounts, documents or writings seized under subsection (2)
shall, as soon as practicable after such seizure, be delivered to the
Commissioner of Police, or to some person nominated by him in that behalf, by
the police officer who seized them.

(4) Where any books, accounts, documents or writings seized under subsection
(2) are delivered in accordance with subsection (3) to the Commissioner of
Police, or to some person nominated by him in that behalf, the Commissioner of
Police or that person, as the case may be, shall, if no prosecution is
instituted within 3 months after such delivery in respect of the
suspected offence to which they relate, return, or arrange for the return of,
such books, accounts, documents or writings to the money lender from whom they
were so seized. (Replaced 69 of 1988 s. 24)