### Bills of Exchange Ordinance 《匯票條例》

73. Definition of cheque
(1) A cheque is a bill of exchange drawn on a banker payable on demand.
(2) Except as otherwise provided in this Part, the provisions of this Ordinance applicable to a bill of exchange payable on demand apply to a cheque.
[cf. 1882 c. 61 s. 73 U.K.]

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).
(Added 10 of 2003 s. 2)

73B. Duties of holder as regards cheque presented under section 73A(1)
Section 52(4)—
(a) so far as it relates to presenting a bill for payment, shall not apply to presenting a cheque for payment under section 73A(1); and
(b) so far as it relates to a bill which is paid, shall not apply to a cheque which is paid following presentment under section 73A(1).
(Added 10 of 2003 s. 2)

### Bills of Exchange Ordinance 《匯票條例》

74. Delay in presentment of cheque for payment
(Amended 10 of 2003 s. 3)Subject to the provisions of this Ordinance—
(a) where a cheque is not presented for payment within a reasonable time of its issue, and the drawer or the person on whose account it is drawn had the right, at the time of such presentment, as between him and the banker, to have the cheque paid and suffers actual damage through the delay, he is discharged to the extent of such damage, that is to say, to the extent to which such drawer or person is a creditor of such banker to a larger amount than he would have been had such cheque been paid;
(b) in determining what is a reasonable time, regard shall be had to the nature of the instrument, the usage of trade and of bankers, and the facts of the particular case;
(c) the holder of such cheque as to which such drawer or person is discharged shall be a creditor, in lieu of such drawer or person, of such banker to the extent of such discharge and entitled to recover the amount from him.
[cf. 1882 c. 61 s. 74 U.K.]

75. Revocation of banker’s authority
The duty and authority of a banker to pay a cheque drawn on him by his customer are determined by—
(a) countermand of payment;
(b) notice of the customer’s death.
[cf. 1882 c. 61 s. 75 U.K.]

76. Definition of general and special crossings
(1) Where a cheque bears across its face an addition of—
(a) the words “and company”, or any abbreviation thereof, between two parallel transverse lines, either with or without the words “not negotiable”; or
(b) two parallel transverse lines simply, either with or without the words “not negotiable”,
that addition constitutes a crossing, and the cheque is crossed generally.
(2) Where a cheque bears across its face an addition of the name of a banker, either with or without the words “not negotiable”, that addition constitutes a crossing, and the cheque is crossed specially and to that banker.
[cf. 1882 c. 61 s. 76 U.K.]

### Bills of Exchange Ordinance 《匯票條例》

77. Crossing by drawer or after issue
(1) A cheque may be crossed generally or specially by the drawer.
(2) Where a cheque is uncrossed, the holder may cross it generally or specially.
(3) Where a cheque is crossed generally, the holder may cross it specially.
(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.
[cf. 1882 c. 61 s. 77 U.K.]

78. Crossing a material part of cheque
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.
[cf. 1882 c. 61 s. 78 U.K.]

79. Duties of banker as to crossed cheque
(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.
[cf. 1882 c. 61 s. 79 U.K.]