Au is an antiquarian bookseller (based on Hong Kong Island) whose sight is

failing because of a degenerative eye condition. One day he is discussing with

Bing, a long-standing customer, Bing’s possible purchase from him of a very rare
first edition. Au tells Bing that the price is HK$7,000, “a bargain”.

Bing replies:

“It’s an excellent price for something so special but, in the short term I am a bit
short of cash.”

Au then says:

“Of course, since I know you so well, I‘ll accept a post-dated cheque, which will give
you an extra week to get the money together.”

Bing says he will have a look round the shop first while he makes up his mind.

While Bing is still making up his mind, Kong (who has heard the previous
conversation and is aware of Au’s near-blindness) comes to the counter and says:

“Fine, I’ll do it. No need to wrap the book I have a bag; here’s my cheque.”

Au hands over the book in exchange for Kong’s cheque for $7,000 signed (in
English) in the name of Bing Lai-on (Bing’s correct name). Au cannot properly
read the signature but is happy to take it from his long-time customer (as he
thinks). Au is normally good at recognising voices but notices nothing suspicious
on this occasion since both customers are wearing masks.

After being given a receipt, Kong quickly leaves the shop just before Bing walks
to the counter and tells Au that he is sorry but simply cannot afford the book. Au
is initially puzzled and then distressed, realising he has been tricked.

Later the same day, Kong sells on the book to Lai, a bookseller in Kowloon. Kong
accepts $2,000 for the book; which Lai knows to be a very cheap price.

Three weeks later, after extensive investigation by Au, the book is traced to Lai.

Given that Kong is now untraceable, Au seeks your advice as to any legal rights
he might have against Lai.