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Cap. 19activeordinance

Bills of Exchange Ordinance

匯票條例

Full legislation

s.73

Definition ofcheque

A cheque is a bill of exchange drawn on a banker payable on demand.

Table of Contents

Sections

1Short title
2Interpretation
3Definition ofbill of exchange
4Inland and foreign bills
5Effect where different parties to bill are the same person
6Address to drawee
7Certainty required as to payee
8What bills are negotiable
9Sum payable
10Bill payable on demand
11Bill payable at future time
12Omission of date in bill payable after date
13Ante-dating and post-dating
14Computation of time of payment
15Referee in case of need
16Optional stipulations by drawer or indorser
17Definition and requisites ofacceptance
18Time for acceptance
19General and qualified acceptance
20Inchoate instruments
21Delivery
22Capacity of parties
23Signature essential to liability
24Forged or unauthorized signature
25Procuration signature
26Person signing as agent or in representative capacity
26ACorporate signatures
27Value and holder for value
28Accommodation party
29Holder in due course
30Presumption of value and good faith
31Negotiation of bill
32Requisites of valid indorsement
33Conditional indorsement
34Indorsement in blank and special indorsement
35Restrictive indorsement
36Negotiation of overdue or dishonoured bill
37Negotiation of bill to party already liable thereon
38Rights and powers of holder
39When presentment for acceptance is necessary
40Time for presenting bill payable after sight
41Rules as to presentment for acceptance, and excuses for non-presentment
42Non-acceptance
43Dishonour by non-acceptance and its consequences
44Duties as to qualified acceptances
45Rules as to presentment for payment
46Excuses for delay or non-presentment for payment
47Dishonour by non-payment
48Notice of dishonour and effect of non-notice
49Rules as to notice of dishonour
50Excuses for non-notice and delay
51Noting or protest of bill
52Duties of holder as regards drawee or acceptor
53Funds in hands of drawee
54Liability of acceptor
55Liability of drawer or indorser
56Stranger signing bill liable as indorser
57Measure of damages against parties to dishonoured bill
58Transferor by delivery and transferee
59Payment in due course
60Banker paying demand draft whereon indorsement is forged
61Acceptor the holder at maturity
62Express waiver
63Cancellation
64Alteration of bill
65Acceptance for honour supràprotest
66Liability of acceptor for honour
67Presentment to acceptor for honour
68Payment for honour supràprotest
69Holder’s right to duplicate of lost bill
70Action on lost bill
71Rules as to bill in set
72Rules where laws conflict
73Definition ofcheque
73APresentment of cheque for payment: alternative means of presentment by banker
73BDuties of holder as regards cheque presented undersection 73A(1)
74Delay in presentment of cheque for payment
75Revocation of banker’s authority
76Definition ofgeneral and special crossings
77Crossing by drawer or after issue
78Crossing a material part of cheque
79Duties of banker as to crossed cheque
80Protection to banker and drawer where cheque is crossed
81Effect of crossing on holder
82Drafts on bankers payable to order on demand sufficient authority for payment without proof of indorsement
83Protection of bankers paying unindorsed or irregularly indorsed cheques, etc.
84Rights of bankers collecting cheques not indorsed by holders
85Unindorsed cheques as evidence of payment
86Protection of bankers collecting payment of cheques, etc.
87Application of provisions of this Part to instruments not being bills of exchange
88Saving
89Definition ofpromissory note
90Delivery necessary
91Joint and several notes
92Note payable on demand
93Presentment for payment
94Liability of marker
95Application of Part II to notes
96Good faith
97Signature
98Computation of time
99When noting equivalent to protest
100Protest when notary not accessible
101Crossing of dividend warrant
102Saving

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