Cap. 19activeordinance

Bills of Exchange Ordinance

匯票條例

Full legislation

s.55

Liability of drawer or indorser

(1)
The drawer of a bill, by drawing
it—
(a)
engages that, on due presentment, it shall be accepted and paid according to its tenor, and that if it is dishonoured he will compensate the holder or any indorser who is compelled to pay it, provided that the requisite proceedings on dishonour are duly taken;
(b)
is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse.
(2)
The indorser of a bill, by indorsing
it—
(a)
engages that, on due presentment, it shall be accepted and paid according to its tenor, and that if it is dishonoured he will compensate the holder or a subsequent indorser who is compelled to pay it, provided that the requisite proceedings on dishonour are duly taken;
(b)
is precluded from denying to a holder in due course the genuineness and regularity in all respects of the drawer’s signature and all previous indorsements;
(c)
is precluded from denying to his immediate or a subsequent indorsee that the bill was, at the time of his indorsement, a valid and subsisting bill, and that he had then a good title thereto.
[cf. 1882 c. 61 s. 55 U.K.]