Under the Money Lenders Ordinance, anyone wishing
to carry on business as a money lender must apply to a licensing
court for a licence. The ordinance does not apply to AIs under the
Banking Ordinance.
Licence applications are, initially, submitted
to the Registrar of Companies as Registrar of Money Lenders. A copy
is also sent to the Commissioner of Police, who may object to the
application. The application is advertised, and any member of the
public who has an interest in the matter has the right to object.
During the year, 745 applications were received. Altogether, a total
of 787 licences were granted or renewed, involving both new applications
and outstanding applications brought forward from the previous year.
At year-end, there were 748 licensed money lenders, including those
whose applications for renewing their licences were being processed.
The ordinance provides penalties for offences
such as carrying on an unlicensed money-lending business. It also
provides that any loan made by an unlicensed money lender shall
not be recoverable by court action. With certain exceptions, any
person, whether a licensed money lender or not, who lends or offers
to lend money at an interest rate exceeding 60 per cent per annum
commits an offence. Any agreement for the repayment of any such
loan, or security given in respect of such loan, is unenforceable.
|