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

80. Protection to banker and drawer where cheque is crossed
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.
[cf. 1882 c. 61 s. 80 U.K.]

81. Effect of crossing on holder
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.
[cf. 1882 c. 61 s. 81 U.K.]

82. Drafts on bankers payable to order on demand sufficient authority for payment without proof of indorsement
Any draft or order drawn upon a banker for a sum of money payable to order on demand which shall, when presented for payment, purport to be indorsed by the person to whom the same shall be drawn payable, shall be a sufficient authority to such banker to pay the amount of such draft or order to the bearer thereof: and it shall not be incumbent on such banker to prove that such indorsement or any subsequent indorsement was made by or under the direction or authority of the person to whom the said draft or order was or is made payable either by the drawer or any indorser thereof.
(Added 7 of 1907 s. 3)[cf. 1853 c. 59 s. 19 U.K.] 

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

83. Protection of bankers paying unindorsed or irregularly indorsed cheques, etc.
(1) Where a banker in good faith and in the ordinary course of business pays a cheque drawn on him which is not indorsed or is irregularly indorsed, he does not, in doing so, incur any liability by reason only of the absence of, or irregularity in, indorsement, and he is deemed to have paid it in due course.
(2) Where a banker in good faith and in the ordinary course of business pays any such instrument as the following, namely—
(a) a document issued by a customer of his which, though not a bill of exchange, is intended to enable a person to obtain payment from him of the sum mentioned in the document;
(b) a draft payable on demand drawn by him upon himself, whether payable at the head office or some other office of his bank,
he does not, in doing so, incur any liability by reason only of the absence of, or irregularity in, indorsement, and the payment discharges the instrument.
(Added 55 of 1960 s. 2)[cf. 1957 c. 36 s. 1 U.K.]

84. Rights of bankers collecting cheques not indorsed by holders
A banker who gives value for, or has a lien on, a cheque payable to order which the holder delivers to him for collection without indorsing it, has such (if any) rights as he would have had if, upon delivery, the holder had indorsed it in blank.
(Added 55 of 1960 s. 2)[cf. 1957 c. 36 s. 2 U.K.]

85. Unindorsed cheques as evidence of payment
(1) An unindorsed cheque which appears to have been paid by the banker on whom it is drawn is evidence of the receipt by the payee of the sum payable by the cheque. (Amended 10 of 2003 s. 4)
(2) A copy of an unindorsed cheque which appears to contain a statement made by the banker on whom the cheque is drawn stating that—
(a) the copy is a true copy of the image of the cheque received by him for the purposes of the presentment of the cheque for payment under section 73A(1); and
(b) he has made payment of the cheque to the banker by whom the presentment was made,
is evidence of the receipt by the payee of the sum payable by the cheque. (Added 10 of 2003 s. 4)
(Added 55 of 1960 s. 2) [cf. 1957 c. 36 s. 3 U.K.]

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

86. Protection of bankers collecting payment of cheques, etc.
(1) Where a banker, in good faith and without negligence—
(a) receives payment for a customer of an instrument to which this section applies; or 
(b) having credited a customer’s account with the amount of such an instrument, receives payment thereof for himself, 
and the customer has no title, or a defective title, to the instrument, the banker does not incur any liability to the true owner of the instrument by reason only of having received payment thereof. 
(2) This section applies to the following instruments, namely—
(a) cheques; 
(b) any document issued by a customer of a banker which, though not a bill of exchange, is intended to enable a person to obtain payment from that banker of the sum mentioned in the document; 
(c) any document issued by a public officer which is intended to enable a person to obtain payment from the Director of Accounting Services of the sum mentioned in the document but is not a bill of exchange; (Amended L.N. 16 of 1977; L.N. 453 of 1993) 
(d) any draft payable on demand drawn by a banker upon himself, whether payable at the head office or some other office of his bank. 
(3) A banker is not to be treated for the purposes of this section as having been negligent by reason only of his failure to concern himself with absence of, or irregularity in, indorsement of an instrument. 
(Added 55 of 1960 s. 2) [cf. 1957 c. 36 s. 4 U.K.]

87. Application of provisions of this Part to instruments not being bills of exchange
(Amended E.R. 4 of 2020)The provisions of this Part of this Ordinance relating to crossed cheques shall, so far as applicable, have effect in relation to instruments (other than cheques) to which section 86 applies as they have effect in relation to cheques.
(Added 55 of 1960 s. 2)[cf. 1957 c. 36 s. 5 U.K.]

88. Saving
The provisions of this Part of this Ordinance do not make negotiable any instrument which, apart from such provisions, is not negotiable.
(Added 55 of 1960 s. 2)[cf. 1957 c. 36 s. 6 U.K.]