TELEGRAPHIC MESSAGES ORDINANCE, 1894

TELEGRAPHIC MESSAGES ORDINANCE, 1894

no. 1 of 1894, incorporated in no. 4 of 1897.

no, 2 of 1894, repealed by no. 43 of 1912.

no. 3 of 1894

an ordinance to secure the rights of property in telegraphic
messages, and to prevent thd forgery and inproper
disclosure of telegrams.

1. This ordinance may be cited as the telegraphic messages
ordinance, 1894.

2. whenever any message, transmitted by telegraph from
any place outside of this colony, is received by any person
association, or company in this colony, for the purpose of
publication in any newspaper, or, by printed circular or
otherside, to any limited number of persons member of or
subscribers to any such association or company, no person.
whether a member of or subscriber to such association or
company or not, shall, without the consent in writing of such
person, association, or company by whom such message has
been receivedm print or publish in any newspapers or in any
letter or circular or other printed or written communication,
such telegraphic message, or hte substance thereof, or any
extract therefrom, until after the expiration of a period of
thirty-six hours from the time of the first publication of such
message by the person, association, or company receiving the
same: Provided always that such protected period shall not
extend beyond forty-eight hours from the time of the first
receipt in the colony of such message: Provided, also, that
the publication of any similar message lawfully received in
like manner by any other person, association, or company,
by such other person, association, or company shall not be
deemed or taken to be a publication of such first-mentioned
message within this ordinance.

3. Every person who prints or publishes or causes to be
printed or published any matter contrary to thte provisions
of this ordinance shall upon summary conviction be liable




to a fine not exceeding one hundred dollars for the first
offence, and not exceeding one hundred and fifty dollars for
the second and every subsequent offence. If imprisonment
is imposed for default of payment it shall be without hard
labour.

4. Every telegraphic message in respect of which the
protection of this ordinance is claimed shall be published
with the heading by telegraph, and the name of the
person, associaion, or company claiming such protection,
and shall state the date and hour of its receipt in the colony
and of its publication, and such statement shall be prima facie
evidence of the times of the receipt and publication of such
message.

5. In any prosecution under this ordinance the production
of any document which pruports to be a telegraphic message
duly and regularly issued by any telegraph office in this
colony by telegraph, form the place therein mentioned to
the address of the person, association, or company therein
named, and was duly delivered in the colony to such person,
association, or company.

6.(1) Every person who
(a) forges, or wilfully and without due authority alters,
a telegram; or

(b) utters a telegram, knowing the same to be forged on
wilfully and without due authority altered; or

(c) transmits by telegraph as a telegram, or utters as a
telegram, any message or communication which he knows
to be not a telegram.

shall, whether he had or had not an intent to defraund, be
guilty of a misdemeanor and be liable upon summary
conviction to a fine not exceeding fifty dollars, and on
conviction on indictmnet to imprisonment for nay term not
exceeding twelve months.

(2) Every person who, being in the employment of a
telegraph company as defined by this section, umproperly
divulges to any person the purport of any telegram, shall be

As amended by law am ord., 1923.
As amended by law am ord., 1923. and law am ord, 1923.
guilty of a misdemeanorand be liable upon summary conviction
to a fine not exceeding one hundred dollars, and on conviction
on indictment to a fine not exceeding one thousand dollars, or
to imprisonment for nay term not exceeding twelve months

(3) for the purposes of this section

(a) telegram means a written or printed message or
communication sent to or delivered at a post office, or the
office of a telegraph company, for transmission by telegraph,
or delivered by the post office of a telegraph company as a
message or communication transmitted by telegraph; and

(b) telegraph company means any company, corporation,
or persons carrying on the business of sending telegrams
for the public, under whatever authority or in whatever
manner such company, corporation, or persons may act or be
constituted.
[Originally No. 14 of 1894. Law Rev. Ord., 1924.] Short title. Protection of certain telegrams from publication within certain period. Penalty on person printing, etc., matter contrary to the Ordinance. [cf. No. 3 of 1890, s. 57.] Heading of protected telegram, etc. Evidence. Forgery and improper disclosure of telegrams. 47 & 48 Vict, c. 76, s. 11. Interpretation.

[Originally No. 14 of 1894. Law Rev. Ord., 1924.] Short title. Protection of certain telegrams from publication within certain period. Penalty on person printing, etc., matter contrary to the Ordinance. [cf. No. 3 of 1890, s. 57.] Heading of protected telegram, etc. Evidence. Forgery and improper disclosure of telegrams. 47 & 48 Vict, c. 76, s. 11. Interpretation.

https://oelawhk.lib.hku.hk/items/show/1156

1923

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No. 3 of 1894

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