Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Defences to negotiable instruments

Legal area

Court

22 Dec 2003

BANK OF CHINA (HONG KONG) LTD v. YIU CHEONG METAL LTD

Citation

BANK OF CHINA (HONG KONG) LTD v. YIU CHEONG METAL LTD
Court

Court of First Instance
Case number

HCA10615/2000

On the totality of credible evidence the Bank gave value for the cheque and had no notice or knowledge of the fraud perpetrated by Sunic/Mr Au; the Bank is therefore a holder in due course under ss29-30 of the Bills of Exchange Ordinance and takes the cheque free of the Defendant's personal defence, entitling the Bank to judgment on the cheque claim.
29 Aug 2002

Delta Asia Credit Ltd. v. Wang Chong Hong Co. Ltd.

Citation

Delta Asia Credit Ltd. v. Wang Chong Hong Co. Ltd.
Court

District Court
Case number

DCCJ2709/2002

Because the plaintiff was a holder in due course under s38(b) of the Bills of Exchange Ordinance the defendant's allegation of non-delivery is merely a personal defence against the prior payee and not a defence to the holder in due course, and the defendant's asserted lack of knowledge of negotiation is not a defence; therefore there was no triable issue and summary judgment was properly entered for the plaintiff.