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香港法院审理案件中的法律论证过程 ——以United Phosphorus LTD v. China Merchants Shipping & Enterprises Co Ltd 上诉审为例/陈汉瑛(6)
The dispute
The Plaintiff's case is that it contracted to purchase a cargo of yellow phosphorus from Hunan Leadar International Trade Corporation ("the sellers"). The sellers are based in the Province of Hunan. The cargo was to be shipped to Bombay in India. Payment under the contract was to be made by irrevocable letters of credit, and the Plaintiff opened a letter of credit with the Bombay branch of the Standard Chartered Bank ("the issuing bank") in favour of the sellers for that purpose.
The letter of credit was a negotiation credit. It was negotiated by the Changsha branch of the Agricultural Bank of China ("the negotiating bank") by discounting two bills of exchange drawn on the issuing bank. Changsha is in the Province of Hunan. The negotiating bank in turn sought reimbursement from the issuing bank's branch in New York pursuant to the inter-bank engagement contained in the letter of credit, and the Plaintiff's account with the issuing bank's branch in Bombay was debited with that amount.
Among the documents tendered by the sellers in order to obtain payment under the letter of credit were what purported to be two bills of lading. They purported to have been issued by the Defendant in Huangpu. Huangpu is a port in the Province of Guangdong, and the "bills of lading" purported to record that the cargo had been shipped from there. In fact, the cargo had not been shipped from Huangpu at all.


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