例如：今朝(14/02)佢個私人支票户口(Bank A)係透支十萬蚊，之後佢即刻開一張(Bank B)十萬蚊嘅支票入返去Bank A，跟住Bank A嘅經理就會畀佢過數，但係15/02早上佢又會彈咗Bank B張票，之後喺15/02下晝或者16/02先入返十萬現金落去Bank A，咁究竟點解兩間銀行嘅經理都可以隻眼開隻眼閉呢？唔通貪污？咁我同其他同事又有冇犯法呢？協助、串通、教梭？？
- DORISLv 71 十年前最愛解答
Lin Hsien Tseng v So Sin Mui Bonnie CACV 162/2002
Facts: The Plaintiff (a Taiwan Chinese medicine practitioner) delivered to the Defendant some Chinese herbal medicine in return for a post-dated cheque for HK$500,000 wassubsequently dishonoured. The Defendant argued that the cheque payable subject to his placement of an order for the herbal medicine. He was entitled to stop payment of the cheque as no order has beend placed.
Held: A cheque is a contract on a bill and it is only in limited circumstances permissible to attempt to vary the trems of this written contract by oral testimony. The cheque for HK$500,000 was an unconditional order in writing by the Defendant to his banker to pay the sum on or after a specified dated.
2007-02-14 17:36:33 補充：
參考︰hk business law(hkaat)p, 85 Bills of exchange