Singapore legislation
Clause 67
Clause 67
Protection of rightful owner of goods wrongfully pawned
(1)
This section seeks to protect the rightful owner of goods that are wrongfully pawned.
(2)
A person who claims to be the rightful owner of goods that are wrongfully pawned may serve a notice on a pawnbroker in accordance with this section.
(3)
A notice under this section must state —
the identification information of the person serving the notice;
that the person is the owner of goods which have been wrongfully pawned;
such matters as the person relies on in support of paragraph (b); and
such other information as may be prescribed.
(4)
Upon receiving a notice under this section and the prescribed fee —
if there is a court order for the pledge to be disposed or otherwise dealt with, the pawnbroker must deal with the pledge according to the court order; or
if there is no court order for the pledge to be disposed or otherwise dealt with, the pawnbroker may refuse to deal with the pledge, including by refusing to allow the pledge to be redeemed —
for a period of 3 months after the date on which the notice is served on the pawnbroker; or
if an action is commenced in respect of that pledge within the period in sub-paragraph (i), for so long as that action is pending.
(5)
A pawnbroker which, in relation to a pledge, does or omits to do anything in accordance with subsection (4) is not liable to any person for any loss or damage caused by such act or omission.
(6)
No profit is chargeable on the loan secured on the pledge during the period that the pawnbroker refuses to deal with the pledge under subsection (4)(b).
(7)
A notice under this section is deemed to be a declaration for the purposes of sections 199 and 200 of the Penal Code (Cap. 224).