460
G. N. 711/04
A.D. 1885.
*** of
Ordinance No. 9 of 1885. 15 § 40 Vict.
61.
Short title.
Interpretation of terms.
See Ordinance No. 7 of 1891.
No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 1885.
Length.
1 Chek (foot) equal to 14½ English inches, divided into 10 Tsün or inches, and each inch into 10 Fan or tenths.
The contents of each measure to be not heaped, but flat and level with the rim of the vessel.
Measures of length, if made of wood or bamboo, shall (except yard measures imported from the United Kingdom) be tipped at the ends with metal, to the satisfaction of the examiner of weights and measures, or, in case of doubt, of a Police Magistrate, whose decision shall be final.
ORDINANCE No. 3 OF 1885.
AN ORDINANCE to codify the Law relating to Bills of Exchange, Cheques, and Promissory Notes.
[4th May, 1885.]
BE it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:--
Preliminary Provisions.
1. This Ordinance may be cited as the Bills of Exchange Ordinance, 1885.
2. In this Ordinance, unless the context otherwise requires,----
"Acceptance" means an acceptance completed by delivery or notification:
"Action" means action or suit and includes counterclaim and set-off: "Banker" includes a body of persons, whether incorporated or not, who carry on the business of banking:
"Bankrupt" includes any person whose estate is vested in a trustee or assignee under the law for the time being in force relating to bankruptcy:
"Bearer" means the person in possession of a bill or note which is payable to bearer:
"Bill" means bill of exchange, and "note" means promissory note:
"Delivery" means transfer of possession, actual or constructive, from one person to another:
"Holder" means the payee or indorsee of a bill or note who is in possession of it, or the bearer thereof:
"Indorsement" means an indorsement completed by delivery: "Issue" means the first delivery of a bill or note, complete in form, to a person who takes it as a holder.
A.D. 1885.
3.-(1.) A bill is an unconditional order in writing, addressed to one person, 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.
(2.) An instrument which does not comply with these conditions, or which orders any act to be done in addition to the payment of money, is not a bill.
(3.) An unconditional promise in writing made by one person to another, signed by the maker, engaging 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, is a promissory note.
(4.) A bill may be payable either to the drawer or to a third party.
4.-(1.) A bill is payable to order if it is payable to a specified person or to their order.
(a) by the use of the words "or order"; or
(b) by the absence of words indicating that it is not transferable.
(2.) Any words indicating an intention that the bill shall not be transferable shall be construed as prohibiting transfer.
(3.) Unless the bill is marked "not negotiable", the holder may treat it as negotiable.
5. (1.) The drawer is liable to compensate the holder if the bill is dishonoured by the drawee;
(2.) When the drawee is not a fictitious person, and the drawer has not countermanded payment, the drawer is liable to compensate the holder if the bill is dishonoured by non-acceptance or non-payment.