486
No. 3.
THE ORDINANCES OF HONG KONG : A.D. 1885.
A.D. 188
Crossing a material part of cheque.
Duties of banker as to crossed cheque.
Protection to banker and drawer where cheque is crossed.
Effect of crossing on holder.
Protection
(4.) Where a cheque is crossed generally or specially, the holder may add the words "not negotiable".
(5.) Where a cheque is crossed specially, the banker to whom it is crossed may again cross it specially to another banker for collection.
(6.) Where an uncrossed cheque, or a cheque crossed generally, is sent to a banker for collection, he may cross it specially to himself.
78. A crossing authorized by this Ordinance is a material part of the cheque; it shall not be lawful for any person to obliterate or, except as authorized by this Ordinance, to add to or alter the crossing.
79.—(1.) Where a cheque is crossed specially to more than one banker, except when crossed to an agent for collection being a banker, the banker on whom it is drawn shall refuse payment thereof.
(2.) Where the banker on whom a cheque is drawn which is so crossed nevertheless pays the same, or pays a cheque crossed generally otherwise than to a banker, or, if crossed specially, otherwise than to the banker to whom it is crossed or his agent for collection being a banker, he is liable to the true owner of the cheque for any loss he may sustain owing to the cheque having been so paid:
Provided that where a cheque is presented for payment which does not, at the time of presentment, appear to be crossed, or to have had a crossing which has been obliterated, or to have been added to or altered otherwise than as authorized by this Ordinance, the banker paying the cheque, in good faith and without negligence, shall not be responsible or incur any liability, nor shall the payment be questioned by reason of the cheque having been crossed, or of the crossing having been obliterated or having been added to or altered otherwise than as authorized by this Ordinance, and of payment having been made otherwise than to a banker, or to the banker to whom the cheque is or was crossed, or to his agent for collection being a banker, as the case may be.
80. Where the banker on whom a crossed cheque is drawn, in good faith and without negligence, pays it, if crossed generally, to a banker, and, if crossed specially, to the banker to whom it is crossed or his agent for collection being a banker, the banker paying the cheque, and, if the cheque has come into the hands of the payee, the drawer, shall respectively be entitled to the same rights and be placed in the same position as if payment of the cheque had been made to the true owner thereof.
81. Where a person takes a crossed cheque which bears on it the words "not negotiable", he shall not have, and shall not be capable of giving, a better title to the cheque than that which the person from whom he took it had.
82. Where a banker, in good faith and without negligence, receives payment for himself, a banker shall not be liable by reason only of ...
83. (1.) A cheque made by one banker on another banker payable on demand is not a note.
(2.) An endorsement by the payee is required.
(3.) A note given as collateral security is not discharged.
(4.) A note payable on demand and payable to bearer is a foreign note.
84. A holder thereof to take proceedings.
85.—(1.) Cheques must be presented for payment according to its terms.
(2.) When a cheque is payable to more persons than one.
86. (1.) A cheque must be presented for payment.
If it is not duly presented.
(2.) In determining what is a reasonable time for presentment, regard shall be had to the nature of the instrument and the usage of trade.
(6.) When a cheque is to be overdue.
The title of which is not absolute.
Able time for presentment.
87. (1.) A cheque at a particular place.
Order to receive payment is absolute.
Payment is absolute.
486
No. 3.
THE ORDINANCES OF HON
KONG : [AD. 1885.
A.D. 188
Crossing a material part of cheque.
Duties of banker as to crossed cheque.
Protection to banker and drawer where cheque is crossed.
Effect of crossing on holder.
Protection
(4.) Where a cheque is crossed generally or specially, the holder may add the words "not negotiable”.
(5.) Where a cheque is crossed specially, the banker to whom it is crossed may again cross it specially to another banker for collection.
(6.) Where an uncrossed cheque, or a cheque erossed generally, is sent to a banker for collection, he may cross it specially to himself.
78. A crossing authorized by this Ordinance is a material part of the cheque; it shall not be lawful for any person to obliterate or, except as authorized by this Ordinance, to add to or alter the crossing.
79,—(1.) Where a cheque is crossed specially to more than one bank- er, except when crossed to an agent for collection being a banker, the banker on whom it is drawn shall refuse payment thereof.
(2.) Where the banker on whom a cheque is drawn which is so crossed nevertheless pays the same, or pays a cheque crossed generally otherwise than to a banker, or, if crossed specially, otherwise than to the banker to whom it is crossed or his agent for collection being a banker, he is liable to the true owner of the cheque for any loss he may sustain owing to the cheque having been so paid:
Provided that where a cheque is presented for payment which does not, at the time of presentment, appear to be crossed, or to have had a erossing which has been obliterated, or to have been added to or altered otherwise than as authorized by this Ordinance, the banker paying the cheque, in good faith and without negligence, shall not be responsible or incur any liability, nor shall the payment, he questioned by reason of the cheque having been crossed, or of the crossing having been obliterated or having been added to or altered otherwise than as authorized by this Ordinance, and of payment having been made otherwise than to a bank- er, or to the banker to whom the cheque is or was crossed, or to his agent for collection being a banker, as the case may be.
80. Where the banker on whom a crossed cheque is drawn, in good faith and without negligence, pays it, if crossed generally, to a banker, and, if crossed specially, to the banker to whom it is crossed or his agent for collection being a banker, the banker paying the cheque, and, if the cheque has come into the hands of the payee, the drawer, shall respect- ively be entitled to the same rights and be placed in the same position as if payment of the cheque had been made to the true owner thereof.
81. Where a person takes a crossed cheque which bears on it the words not negotiable", he shall not have, and shall not be capable of giving, a better title to the cheque than that which the person from whom he took it had.
82. Where a banker, in good faith and withour negligence, receives
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