Pawnbrokers Act 2015 · 2020 Revised Edition · Part 3 · Rights and Obligations When Goods Are Pawned
66. Protection of person entitled to redeem pledge but not having pawn ticket
Feedback & supportThis section seeks to protect a person who is entitled to redeem a pledge but does not have a pawn ticket.
pledge
“pledge” means goods that are taken into possession by a lender of money as security for the repayment of a loan.
A person who claims to be entitled to redeem a pledge, but who does not have a pawn ticket, may make an application to a pawnbroker in accordance with this section.
pawn
“pawn” means to give possession of goods to a lender of money as security for the repayment of a loan;
An application under this section must state —
the identification information of the applicant;
the grounds on which the applicant claims to be entitled to redeem a pledge;
the matters that the applicant relies on in support of paragraph (b);
that the applicant has not assigned or otherwise transferred the applicant’s right to redeem the pledge; and
any other matters that may be prescribed.
Upon receiving an application under this section and the prescribed fee, the pawnbroker must make reasonable inquiries as to the truth of the matters stated in the application, including inquiries with the pawner.
pawnbroker
“pawnbroker” means a person who carries on a business of lending money on the security of pledges;
After a pawnbroker has made reasonable inquiries under subsection (4), the pawnbroker must issue a replacement pawn ticket to the applicant and cancel the existing pawn ticket, unless the pawnbroker knows or has any reason to believe that the applicant is not entitled to redeem the pledge.
An applicant who has been issued a pawn ticket under subsection (5) has the rights and remedies against the pawnbroker that the pawner would have, and may freely assign or otherwise transfer the pawn ticket.
pawner
“pawner” means a person who pawns goods to a pawnbroker, whether or not the person has any title to, or is authorised to deal in, those goods;
A pawnbroker that, in relation to a pledge, does or omits to do anything in accordance with this section is not liable to any person entitled to redeem the pledge for any loss or damage caused by the act or omission.
An application under this section is deemed to be a declaration for the purposes of sections 199 and 200 of the Penal Code 1871.