Pawnbrokers (Amendment) Bill

Bill No. 7/1977

Read the first time on 27th May 1977.

An Act to amend the Pawnbrokers Act (Chapter 222 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title and commencement

1.—(1) This Act may be cited as the Pawnbrokers (Amendment) Act, 1977, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2) The Minister may appoint different dates for the coming into operation of the different provisions of this Act.

Amendment of section 2

2. Section 2 of the Pawnbrokers Act is hereby amended —

(a)

by deleting the definition of “Board” appearing therein; and

(b)

by inserting immediately after the definition of “pledge” appearing therein the following new definition: —

“ “Registrar” means the Registrar of Pawnbrokers appointed under the provisions of section 7 of this Act;”.

Repeal and re-enactment of section 7

3. Section 7 of the Pawnbrokers Act is hereby repealed and the following substituted therefor: —

“Appointment of Registrar and Assistant Registrars

7.—(1) The Minister may appoint a Registrar of Pawnbrokers and such number of Assistant Registrars of Pawnbrokers and other officers as he may consider necessary or expedient for the purposes of this Act.

(2) An Assistant Registrar shall have and may exercise all the powers conferred on the Registrar by this Act subject to such limitations as the Registrar sees fit to impose.”.

Amendment of section 8

4. Section 8 of the Pawnbrokers Act is hereby amended by deleting the word “Board” wherever it appears therein and substituting therefor in each case the word “Registrar”.

Repeal and re-enactment of section 9

5. Section 9 of the Pawnbrokers Act is hereby repealed and the following substituted therefor: —

“Conditions subject to which licences may be issued

9.—(1) No licence shall be issued by the Registrar to a pawnbroker in respect of any premises unless the Registrar is satisfied —

(a)	that the applicant is of good character and is a fit and proper person to carry on the business of pawnbroking;
(b)	that the premises to be licensed are structurally adapted for use as a pawnbroker’s shop and are in all other respects suitable for that purpose;
(c)	that the premises will not be used for the conduct or transaction of any business other than that of pawnbroking; and
(d)	that the applicant has deposited with the Accountant-General a sum of five thousand dollars as security for the proper conduct of his business under the licence.

(2) The Registrar may in his discretion refuse to issue or renew a licence in respect of any applicant or any premises without assigning any reason therefor.”.

New sections 9A and 9B

6. The Pawnbrokers Act is hereby amended by inserting immediately after section 9 thereof the following new sections: —

“Power of Registrar to cancel licence

9A.—(1) The Registrar may cancel a licence and forfeit the whole or such part of the money deposited with the Accountant-General under paragraph (d) of subsection (1) of section 9 of this Act as the Registrar may think fit if he is satisfied that —

(a)	the licensed pawnbroker’s shop is being conducted in an improper or unsatisfactory manner; or
(b)	the licensee has been convicted of an offence under this Act; or
(c)	the licensee has failed to comply with any of the conditions upon which the licence was issued; or
(d)	since the issue of the licence, the licensee or the premises has ceased to comply with any of the requirements set out in subsection (1) of section 9 of this Act.

(2) The Registrar shall, before cancelling a licence and forfeiting any money under the provisions of subsection (1) of this section, give the licensee concerned notice in writing of his intention to do so specifying a date, not less than fourteen days after the date of the notice, upon which such cancellation and forfeiture shall be made and calling upon the licensee to show cause to the Registrar why his licence should not be cancelled and why his money should not be forfeited.

(3) The Registrar, on receiving any representation from a licensee, may, instead of cancelling a licence and forfeiting any money under the provisions of subsection (1) of this section, impose a penalty not exceeding five thousand dollars on the licensee and may recover the penalty from any cash deposit or other form of security given by the licensee to the Registrar.

(4) Any cancellation of a licence shall not affect the duties and liabilities of the licensee as a pawnbroker under this Act.

Appeal to the Minister

9B. Any person aggrieved by the refusal of the Registrar to issue or renew a licence or the decision of the Registrar to cancel a licence and forfeit any money belonging to the licensee or to impose a penalty may, within ten days of the written notification to him of the refusal, cancellation, forfeiture or imposition of the penalty, appeal in writing to the Minister whose decision thereon shall be final and conclusive.”.

Amendment of section 11

7. Section 11 of the Pawnbrokers Act is hereby amended by deleting the word “Board” appearing in the third line of paragraph (b) of subsection (1) thereof and substituting therefor the word “Registrar”.

Amendment of section 20

8. Subsection (2) of section 20 of the Pawnbrokers Act is hereby amended by deleting the word “Board” appearing in the first and in the fifth lines thereof and substituting therefor in each case the word “Registrar”.

Amendment of section 27

9. Subsection (2) of section 27 of the Pawnbrokers Act is hereby amended by deleting the word “hundred” appearing in the last line thereof and substituting therefor the word “thousand”.

Amendment of section 28

10. Section 28 of the Pawnbrokers Act is hereby amended by deleting the words “four hundred” appearing in the fourth line thereof and substituting therefor the words “five thousand”.

Amendment of section 29

11. Section 29 of the Pawnbrokers Act is hereby amended by deleting the words “four hundred” appearing in the last line thereof and substituting therefor the words “five thousand”.

Amendment of section 30

12. Subsection (1) of section 30 of the Pawnbrokers Act is hereby amended by deleting the words “four hundred” appearing in the last line thereof and substituting therefor the words “two thousand”.

Amendment of section 31

13. Section 31 of the Pawnbrokers Act is hereby amended —

(a)

by renumbering the section as subsection (1); and

(b)

by inserting immediately thereafter the following new subsection: —

“(2) In every such case, and also in any case where, on an article being offered in pawn to a pawnbroker he reasonably suspects that it has been stolen or otherwise illegally or clandestinely obtained, the pawnbroker may seize and detain the person and the article, or either of them, and shall deliver the person and the article or either of them (as the case may be) as soon as may be into the custody of a police officer, who shall as soon as may be convey the person, if so detained, before a magistrate, to be dealt with according to law.”.

Amendment of section 34

14. Section 34 of the Pawnbrokers Act is hereby amended by deleting the words “double the amount of the loan” appearing in the fifth line thereof and substituting therefor the words “two thousand dollars”.

Amendment of section 36

15. Section 36 of the Pawnbrokers Act is hereby amended by deleting the word “hundred” appearing in the last line thereof and substituting therefor the word “thousand”.

Amendment of section 37

16. Section 37 of the Pawnbrokers Act is hereby amended —

(a)	by deleting the semi-colon appearing at the end of paragraph (b) thereof and substituting therefor a full-stop; and
(b)	by deleting paragraph (c) thereof.

Amendment of section 40

17. Subsection (1) of section 40 of the Pawnbrokers Act is hereby amended by deleting the expression “or any police officer employed on detective duties, or specially authorized in writing thereto by the Deputy Commissioner of Police” appearing in the fifth, sixth and seventh lines thereof.

Amendment of section 41

18. Subsection (2) of section 41 of the Pawnbrokers Act is hereby amended —

(a)	by deleting the words “and address” appearing in the sixth line thereof and substituting therefor the expression “, address and identity card number”; and
(b)	by deleting the word “hundred” appearing in the last line thereof and substituting therefor the word “thousand”.

Amendment of section 42

19. Section 42 of the Pawnbrokers Act is hereby amended by deleting the expression “or any police officer employed on detective duties, or specially authorized thereto in writing by the Deputy Commissioner of Police,” appearing in the first, second, third and fourth lines thereof.

Amendment of section 45

20. Subsection (2) of section 45 of the Pawnbrokers Act is hereby amended by deleting the word “hundred” appearing in the second line thereof and substituting therefor the word “thousand”.

Amendment of Schedule A

21. Schedule A to the Pawnbrokers Act is hereby amended by deleting the word “Board” appearing in the heading of Form 3 therein and substituting therefor the word “Registrar”.

Amendment of Schedule C

22. Paragraph (1) of Schedule C to the Pawnbrokers Act is hereby amended by deleting the word “Board” wherever it appears therein and substituting therefor in each case the word “Registrar”.

Transitional provision

23.—(1) Upon the date of the commencement of this Act, the Pawnbrokers Licensing Board established under section 7 of the Pawnbrokers Act prior to the date of the commencement of this Act shall cease to exist and all rights, obligations and liabilities of the Board which may have existed immediately prior to the date of the commencement of this Act shall be transferred to and shall vest in the Registrar.

(2) Any proceeding or cause of action pending or existing immediately prior to the date of the commencement of this Act by or against the Board may be continued by or enforced against the Registrar as it might have been by or against the Board had this Act not been enacted.

(3) In any written law and in any document whatsoever, unless the context otherwise requires, any reference to the Board shall be construed as a reference to the Registrar.

(4) Notwithstanding that a pawnbroker has no authority to accept fixed deposits from members of the public on or after the date of the commencement of this Act, a pawnbroker shall continue to fulfil his obligations towards any person in respect of any fixed deposit placed by that person with the pawnbroker.

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