Cheques, Second Edition

Front Cover
Hong Kong University Press, Jan 1, 1991 - Law - 120 pages

The purpose of this book is to introduce the law of cheques in Hong Kong. It assumes that the reader is familiar in outline with the legal system in Hong Kong and knows something of the law of contract. Care has been taken to present the ideas comprehensibly and no technical words are used without explanation. Cheques have been put in their banking context and bills of exchange, promissory notes and other banking instruments and devices have also been described, though in less detail.


This book contains all that an accounting student needs to study for the Hong Kong Society of Accountants’ examination in respect of negotiable instruments. It is one of a series published by the Hong Kong University Press, under the General Editorship of Professor Derek Roebuck, to provide accounting students with an introduction to Hong Kong law.

From inside the book

Contents

3
23
Indorsements and Crossings
35
Parties Holders and Defects
43
7
69
8
77
Conclusion
86
MAAA wwwww
91
Table of Cases
92
Copyright

Common terms and phrases

Popular passages

Page 70 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Page 74 - The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer. The acceptance must be in writing and signed by the drawee. It must not express that the drawee will perform his promise by any other means than the payment of money.
Page 75 - Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn ; 3.
Page 30 - A bill is payable to order which is expressed to be so payable, or which is expressed to be payable to a particular person, and does not contain words prohibiting transfer or indicating an intention that it should not be transferable.
Page 60 - When a bill payable to order on demand is drawn on a banker, and the banker on whom it is drawn pays the bill in good faith and in the ordinary course of business, it is not incumbent on the banker to show that the indorsement of the payee or any subsequent indorsement was made by or under the authority of the person whose indorsement it purports to be, and the banker is deemed to have paid the bill in due course, although such indorsement has been forged or made without authority.
Page 74 - A bill may be accepted before it has been signed by the drawer, or while otherwise incomplete, or when it is overdue, or after it has been dishonored by a previous refusal to accept, or by nonpayment. But when a bill payable after sight is dishonored by nonacceptance and the drawee subsequently accepts it, the holder, in the absence of any different agreement, is entitled to have the bill accepted as of the date of the first presentment.
Page 30 - Where the sum payable is expressed in words and also in figures and there is a discrepancy between the two, the sum denoted by the words is the sum payable; but if the words are ambiguous or uncertain, reference may be had to the figures to fix the amount; 2.
Page 49 - That it is complete and regular upon its face. (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (3) That he took it in good faith and for value. (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.

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