Hong Kong Ordinances

BILLS OF EXCHANGE ORDINANCE - SECT 41

Rules as to presentment for acceptance, and excuses for non-presentment

(1) A bill is duly presented for acceptance which is presented in accordance
with the following rules-

   (a)  the presentment must be made by or on behalf of the holder to the
        drawee, or to some person authorized to accept or refuse acceptance on
        his behalf, at a reasonable hour on a business day and before the bill
        is overdue;

   (b)  where a bill is addressed to two or more drawees, who are not
        partners, presentment must be made to them all, unless one has
        authority to accept for all, then presentment may be made to him only;

   (c)  where the drawee is dead, presentment may be made to his personal
        representative;

   (d)  where the drawee is bankrupt, presentment may be made to him or to his
        trustee or assignee;

   (e)  where authorized by agreement or usage, a presentment through the Post
        Office is sufficient.

(2) Presentment in accordance with these rules is excused, and a bill may be
treated as dishonoured by non-acceptance-

   (a)  where the drawee is dead or bankrupt, or is a fictitious person or a
        person not having capacity to contract by bill;

   (b)  where, after the exercise of reasonable diligence, such presentment
        cannot be effected;

   (c)  where, although the presentment has been irregular, acceptance has
        been refused on some other ground.

(3) The fact that the holder has reason to believe that the bill, on
presentment, will be dishonoured does not excuse presentment. [cf. 1882 c. 61
s. 41 U.K.]