Cap. 19activeordinance

Bills of Exchange Ordinance

匯票條例

Full legislation

s.68

Payment for honour supr à protest

(1)
Where a bill has been protested for non-payment, any person may intervene and
                pay it
                    supr
à
protest, for the honour of any party liable thereon or for the honour of the person
                for whose account the bill is drawn.
(2)
Where two or more persons offer to pay a bill for the honour of different
                parties, the person whose payment will discharge most parties to the bill shall have
                the preference.
(3)
Payment for honour
                    supr
à
protest, in order to operate as such and not as a mere voluntary payment, must be
                attested by a notarial act of honour which may be appended to the protest or form an
                extension of it.
(4)
The notarial act of honour must be founded on a declaration made by the payer
                for honour, or his agent in that behalf, declaring his intention to pay the bill for
                honour and for whose honour he pays.
(5)
Where a bill has been paid for honour, all parties subsequent to the party for
                whose honour it is paid are discharged, but the payer for honour is subrogated for,
                and succeeds to both the rights and duties of, the holder as regards the party for
                whose honour he pays and all parties liable to that party.
(6)
The payer for honour, on paying to the holder the amount of the bill and the
                notarial expenses incidental to its dishonour, is entitled to receive both the bill
                itself and the protest. If the holder does not on demand deliver them up, he shall
                be liable to the payer for honour in damages.
(7)
Where the holder of a bill refuses to receive payment
                    supr
à
protest, he shall lose his right of recourse against any party who would have been
                discharged by such payment.
[cf. 1882 c. 61 s. 68 U.K.]