Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Illegality defence to enforcement of negotiable instruments
  • 31 Oct 1980

    KEUNG KAM CHUEN TRADING AS "DAH LEE & CO." (A FIRM) v. THE MIYAZAKI BANK LTD.

    Citation
    KEUNG KAM CHUEN TRADING AS "DAH LEE & CO." (A FIRM) v. THE MIYAZAKI BANK LTD.
    Court
    Court of Appeal
    Case number
    CACV40/1980

    The inserted wording including dates and "D/A" did not prevent the instruments from satisfying s.3 of the Bills of Exchange Ordinance and constituting bills of exchange; the evidence did not raise an arguable defence of illegality because the banks were not shown to have knowledge of or to be privy to the alleged conspiracy, therefore summary judgment for the plaintiffs was properly entered and the appeals were dismissed.

    • Validity of bill of exchange under s.3
    • Documents against acceptance (d/a)
    • Acceptance and sight bills
    • Illegality defence to enforcement of negotiable instruments
    • Knowledge/privy of bank to illegality
    • Summary judgment (order xiv)