669529-1885-Bill-read--Bills-of-Exchange-Ordinance- — Page 21

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156

THE HONGKONG GOVERNMENT GAZETTE, 1TH FEBRUARY, 1969.

CE

Non-business days" for the purposes of this Ordinance

mean-

(«.) Sunday, Good Friday, Christmas Day:

(4) A bank holiday :

(c.) A day appointed by proclamation in the Gazette

as a public fast or thanksgiving day.

Any other day is a business day.

93. For the purposes of this Ordinance, where a bill or note is required to be protested within a specified time or before some further proceeding is taken, it is sufficient that the bill has been noted for protest before the expiration of the spe- cified time or the taking of the proceeding; and the formal protest may be extended at any time thereafter as of the date of the noting.

94. Where a dishonoured bill or note is authorised or required to be protested, and the services of a notary cannot be obtained at the place where the bill is dishonoured, any householder or substantial resident of the place may, in the presence of two witnesses. give a certificate, signed by them, attesting the dishonour of the bill, and the certificate shall in all respects operate as if it were a formal protest of the bill.

The form given in the Schedule to this Ordinance may be used with necessary modifications, and if used shall be sufficient.

95. The provisions of this Ordinance as to crossed cheques shall apply to a warrant for payment of dividend.

96. Ordinance

is hereby repealed.

Provided that such repeal shall not affect anything done or suffered, or any right, title, or interest acquired or accrued before the commencement of this Ordinance, or any legal proceeding or remedy in respect of any such thing, right, title, or interest.

97. (1.) The rules in bankruptcy relating to bills of ex- change, promissory notes, and cheques, shall continue to apply thereto notwithstanding anything in this Ordinance contained.

(2.) The rules of common law including the law merchant, save in so far as they are inconsistent with the express pro- visions of this Ordinance, shall continue to apply to bills of exchange, promissory notes, and cheques.

(3.) Nothing in this Ordinance or in any repeal effected thereby shall affect-

(a.) The provisions of the Stamp Ordinances, 1884, 1885, or Ordinances ameuding the same or any law or enactment for the time being in force relating to the revenue:

(b.) The provisions of the Companies' Ordinance, 1865, or Ordinances amending it or any Ordinance relating to joint stock banks or companies: (c.) The validity of any usage relating to dividend

warrants, or the indorsements thereof.

93. Where any Ordinance or document refers to any enactment repealed by this Ordinance, the Ordinance or document shall be construed, and shall operate, as if it referred to the corresponding provisions of this Ordinance.

SCHEDULE.

Form of protest which may be used when the services of a notary cannot be obtained.

Know all men that I, 4.B.

of

at the request of C.D., there being no notary public available, did on the day of

388 at

demand payment [ør acceptance] of the bill of exchange hereunder written, from E., to which demand he made answer [state answer, if any] wherefore I now, in the presence of G.II, and J.K. do protest the said bill of exchange.

(Signed)

A.B. GILA J.K. }

Witnesses.

N.B. The bill itself should be annexed, or a copy of the bill and all that is written thereon should be underwritten.

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