Cap. 19activeordinance

Bills of Exchange Ordinance

匯票條例

Full legislation

s.73A

Presentment of cheque for payment: alternative means of presentment by banker

(1)
For the purposes of the rules under
section 45
as to the presentment of a bill for payment, the presentment of a cheque by a banker may be made by sending to the banker on whom the cheque is drawn, in the form of an electronic record, an image of both the front and back of the cheque and the essential information relating to the cheque, instead of being made in accordance with the rule specified in paragraph (c) of that section.
(2)
If, before noon on the next business day following the day on which a cheque is presented under subsection (1), the banker on whom the cheque is drawn requests, in the manner agreed between him and the banker by whom the cheque is presented, that the cheque itself shall be
presented—
(a)
the presentment under subsection (1) shall be disregarded; and
(b)
this section shall not apply to the subsequent presentment of the cheque.
(3)
A request under subsection (2) that the cheque itself shall be presented shall not constitute dishonour of the cheque by non-payment.
(4)
For the purposes of this section, the essential information relating to a cheque
is—
(a)
the serial number of the cheque assigned to it by the banker on whom the cheque is drawn;
(b)
the code printed on the cheque which identifies the banker on whom the cheque is drawn;
(c)
the account number of the account maintained by the drawer of the cheque with the banker on whom the cheque is drawn; and
(d)
the amount of the cheque entered by the drawer of the cheque.
(5)
In this section,
electronic
                    record
(
電子紀錄
) has the same meaning as in the
                Electronic Transactions Ordinance (
Cap. 553
).