POST OFFICE ORDINANCE, 1926

POST OFFICE ORDINANCE, 1926

No. 7 of 1926.
An Ordinance to antend the law relating to the Post Office.

[1st July, 1926.]

1. This Ordinance may be cited as the Post Office
Ordinance, 1926.

2.-(1) In this Ordinance,

(a) ' Clubbed packet ' means a packet containing a collec-
tion of Chinese letters made up by any 'person not being an
officer of the Post Office and transinitted by post with a view to
the letters inclosed. in such packet being delivered to more than
one person through the agent of the person by. whom the packet
was made up;

(b) ' Contract ship ' means any ship which is under
contract with the Postmaster General, or with His Majesty's
Postmaster General, or with the postal authority of any British
possession or British protectorate, or with the postal authority
of any foreign state which is a member of the Postal Union, for
the conveyance of mails, for more than one voyage;

(c) 'Letter' includes every communication from one person
or body of persons to another person or body of persons, sent
on any material, by means of any words or other signs, however
produced on such material so sent;

(d) ' Mail bag ' means any bag, basket, box, parcel, or
other envelope or covering, in which postal articles in course of
transmission by post are conveyed, whether it does or does not
contain any such postal article;

(e) ' Master of a ship ' includes every person (except a
pilot) having command or charge of a ship;

(f) ' Officer of the Post Office ' includes the Postmaster
General and every other person employed in any business of the
Postal Department or on behalf of the Postal Department ;

(g.) ' Person ', except so far as relates to the imposition
of the penalty of imprisonment, includes a body corporate and
a firm;





(h) 'Post Office' includes every house, building, room,
vessel, carriage and place used for the purposes of the Postal
Department, and every post office letter box;

(i) ' Post office letter box ' includes every pillar box and
wall box and every other box or receptacle provided by or under
the authority of the Postmaster General for the purpose of
receiving postal articles for transmission by or under the authority
of the Postmaster General

(j) Postage stamp means any label or stamp for denot-
ing any rate of postage payable in respect of postal articles, and
includes adhesive postage stamps and stamps printed, embossed,
impressed or otherwise indicated on any envelope, wrapper,
postcard or other article, whether such postage stamp is issued
under this Ordinance or by His Majesty's Postmaster General or
by the government of any British possession or foreign country;

(k) ' Postal article includes everything which is trans-
missible by post.

(l) 'Postal packet' means a postal article, or a collection
of postal articles, which is in course of transmission by post as
one. postal unit

(m) ' Postmaster General means, unless His Majesty's
Postmaster General is indicated, the Postmaster General of the
,Colony, and includes every Assistant Postmaster General;

(n) 'Ship' includes every description of vessel used in
navigation and cvery description of aircraft.'

(2) For the purposes of this Ordinance,

(a) a postal article shall be deemed to be in course of trans-
mission by post from the time of its being duly delivered to a
post office to the time of its being delivered to the addressee or
its being returned to the sender or otherwise disposed of under
the provisions of this Ordinance;

(b) the placing of a postal article in any receiving box for
the deposit of postal articles or the delivery of an article to an
officer of the post office in the course of his duties shall be deemed
to be delivery to a post office; and

(c) the following shall be deemed to be delivery of a postal
packet to the addressee-





(i) delivery according to the usual manner of delivering postal packets
to the addressee: or,

(ii) delivery at the house or office of the addressee: or

(iii) delivery to the addressee or to his servant or agent or other person
having authority to receive such packet: or

(iv) when the addressee is a guest and is resident at an

hotel, delivery to the proprietor or manager thereof or to his
agent. .

3. It shall be lawful for the Governor in Council to make Regulations in
respect of any of the following matters

(a) cash on delivery parcels;

(b) compensation for loss of or damage to postal packets;

(c) fines for insufficient postage;

(d) gratuities for the conveyance of postal packets by sea

(e) insurance of postal packets

(f) late fees;

(g) limitations of the form,size, weight and contents of .postal packets;

(h) money orders, telegraph money orders, postal. orders and postal
notes

(i) parcels;

(j) payment of postage

(k) postal notes and postal orders;

(l) private boxes;

(m) private travelling letter, boxes;.

(n) prohibited articles and their treatment and disposal.;
(o) registration

(p) stamps, reply coupons, and 'stamped envelopes, postcards and
wrappers;

(q) undelivered postal articles;

(r) the prescribing of any fees. which may,appear' to the Governor in
Council to be desirable in connexion with the maintenance of a postal
service; .

As amended by Law Rev. Ord., 1939,: Supp. Sched.





(s) any other matters in . respect of which-it.may appear to
the Governor in Council to be desirable to make regulations for
the purpose of the maintenance of a postal service.

4. The. Governor in Council may from time to time deter-
mine the rates of postage to be charged on postal articles and
the rates for the time being in force shall be exhibited and kept
exhibited at the Post Office.

5. It shall be Aawful for the Governor to appoint a Post-
master General and such other officers of the Post Office as lie
may think 'fit.

6.-(1) The Postmaster Geheral, by himself or by the
officers of the Post Office, shall have the exclusive privilege of-

(a) conveying letters from one place to another within the
Colony;

(b) sending letters out of the Colony for delivery outside
the Colony;

(c) receiving letters brought into the 'Colony for delivery
in the Colony; and

(d) receiving letters brought into the Colony for. transmis-
sion to some place outside the Colony, other than letters contained
in mail bags passing through the,waters of the Colony without
transhipment,

and shall also have the exclusive privilege of performing all the
incidental services of receiving, collecting, sending, despatching
and delivering all such letters, except.in the following cases-
(i) letters not exceeding three in number sent by a private
friend on his way, journey or travel, provided that such letters*
are delivered by that friend to the person or persons to whom
they are directed, without hire, reward or other profit or
advantage for receiving, carrying or delivering them;

(ii) letters concerning the affairs of the sender or receiver
thereof sent by a messenger employed for that purpose ;

(iii) letters solely concerning particular goods, sent by the
same vessel as the goods, to be delivered with the goods, without

As amended by Law Rev. Ord., 1939, Supp. Sched.





hire, reward or other profit or advantage for receiving, carrying
or delivering such letters, provided that such letters are open to
inspection and have superscribed thereon the words 'Consignee's
letter ' or other words to the same effect; and

(iv) telegrains sent out by any telegraph company.

(2) Notwithstanding anything contained in sub-section (1),
it shall be lawful for any person licensed by the Postmaster
General to collect letters for transmission to ' China through the
Post Office, and to receive clubbed packets from China through
the Post Office, subject to the provisions of any regulations
made under this Ordinance and subject to the Conditions of his
licence.

(3) Subject.to the exemptions from the Postmaster General's
exclusive Privilege which are contained in sub-sections (i) and
(2), no person shall-
(a) collect any letters with a view to the delivery of such
letters anywhere otherwise than through the post; or

(b) have in his possession any letter with a view to the
delivery of such letter anywhere otherwise than through the
post; or

(c) send any letter out of the Colony otherwise than through
the post; or

(d) without lawful authority or excuse bring any letter into
the Colony with a view to the delivery of such letter anywhert;
or
(e) without lawful authority or excuse have in his possession
any letter brought into the Colony, or delivered, otherwise than
through the post.

(4) No person shall in any other way infringe the exclusive,.
privilege of the Postmaster General.

(5) It shall be lawful for the Governor in Council to order
that the provisions of this section shall also apply to any
particular kind or kinds of postal article other than letters, subject.
to such exceptions and conditions (if any) as the Governor in
Council may think fit.

7.-(1) The Government shall not incur any liability by Exemption
reason of the loss, non-delivery, misdelivery or delay of any





postal packet, or by reason, of any damage to. any postal packet,
whether registered or not.

(2) No officer of the Post Office shall incur anyliability by
reason of such loss, non-delivery, misdelivery delay of damage
except in the: case of fraud pr wilful misbehaviour.

(3), Neither the Government nor any officer of the: Post
Office shall incur any liability for the loss, non-delivery, mis-
delivery or delay of, or, damage to, any postal article, whether
registered or pot, caused by the act or default of' any persow
licensed in with section 6 (2), or,caused by the act
or defatilt of any servant or agent of any such licensed person.

(4) Once a money order, telegraph money order, postal
order or postal note has been paid to any person by an officer
of the Post Office or by an officer of any other postal authority,
British or foreign,, all liability of the Government in respect of
such money order, tel egraph money order, postal order or postal
note shall cease and determine, and, except in the case of fraud
or wilful misbehaviour, no officer of the Post Office shall, after
such payment, be. liable in respect of such money order, telegraph
money. order, postal order or Postal note.

.8. The. decision of, the Postmaster General as to whether
any postal packet is or: contains a circular, a. commercial paper,
a letter, a newspaper, a parcel,: a postcard, a printed paper or a
sample. or literature for the blind, and any other decision of the
Postmaster General as to the classification of any postal article,
shall be final for all purposes.

9. It shall be lawful for the Postmaster General in his
discretion, to decide any question as to the relative urgency of
particular mails or particular classes of postal packets and to
postpone the delivery or despatch of any mails or postal packets
to the. delivery or despatch of any more urgent mails or postal
packets.

10. It shall be lawful for any officer of the Post Office to
open

(i) any postal packet upon which the prepayment of postage
is compulsory and upon Which the proper postage has not been
paid; and





(2) any postal packet which is returned to the Post Office
for want of a proper address or from inability to find.the person
to whom it is addressed or 'because the addressee refuses to
General
accept it, or which in the opinion of.the Postmaster
,cannot for any other reason be delivered.

11. When any postal packet has been posted by mistake,
or has been posted with wrong or deficient contents, it shall. be
lawful for the Postmaster General in his discretion to return such
postal packet to the sender on payment of such fee (if any). as.
may be prescribed by regulations made under this Ordinafice.

12. If the Postmaster General has reason to believe that.any
postal packet has been posted or sent by post in contravention
of this Ordinance or of any regulation made thereunder, or that
any postal packet whatsoever contains anything which may not
legally be sent by post, or contains anything with respect to
which or by means of which any offence whatsoever has been or
is being committed or attempted, or contains any dutiable article,
it shall be lawful for him to open such postal packet and to delay
such postal packet and its contents.

13. (1) It shall be lawful for the Colonial Secretary to grant
warrant authorizing the Postmaster General, or authorizing
any or all the officers of the Post Office, to open and delay any
specified postal packet or all postal packets of any specified class
or all postal packets whatsoever.

(2) It shall be lawful for the Postmaster General to delay
any postal packet for such time as may reasonably be necessary
for the purpose of obtaining a warrant underthis. section.

14. Any postal packet opened under the authority'of section
10, 12 or 13, and the contents of any such postal packet, shall,
subject to the provisions of section 32 (5) and subject to any
regulations made under this Ordinance,' be dealt with. in accord-
ance with the following provisions-

(i) if the Governor gives any direction as to how any such
postal packet or its contents or any of its contents shall be dealt
with, such postal packet and content shall be dealt with accord-
ing to such direction;

(2) subject to any direction of the Governor, if such postal





packet or any of its contents is required for the purpose of any
pending or contemplated criminal or forfeiture proceedings
whatsoever, such postal packet or contents shall be retained by
the proper officer so long as may reasonably be necessary for
the purpose of such pending or contemplated proceedings;

(3) subject to any direction of the Governor, if such postal
packet and its contents are not required, or are no longer
required, for any criminal or forfeiture proceedings and if the
Postal packet and its contents can, and may lawfully, be for-
warded or delivered to the addressee, the postal packet and its
contents shall be so forwarded or delivered;

(4) subject to any direction of the Governor, if such postal
packet cannot, or may not lawfully, be forwarded or delivered
to the addressee or if there is no addressee, such postal article
and its contents shall if possible be returned to the sender.

15. The provisions of sections 12, 13 and 14 shall extend
also to all articles tendered to or received by the Post Office for
transmission by post or delivery, and to the contents of all such
articles, whether such articles or contents be transmissible by
post or not.

16. Every master of a ship having on board any postal
packets which are within the exclusive privilege conferred on
the Postmaster General by or under section 6, or any postal
packets which have been received by him for delivery to the
Postmaster General, shall, immediately upon the arrival of such
ship in the Colony and before reporting at the Harbour Office,
deliver all such postal packets at the General Post Office or to
some officerof the Post Office or other person authorized by the
Postmaster General to receive the sarne.

17.-(1) Every owner of a ship, other than a ship plying
daily or on fixed days to Macao or to any place on the Canton
River or West River, proposing to despatch such,ship from the
Colony to any place outside the Colony, shall give reasonable
notice in writing to the Post master, General of the day and hour
of the intended departure of such ,hip, of the berth at which
such ship is lying and of the places at which such ship is to
call, and shall give immediate notice in writing to the Postmaster
General of any alteration in the day or hour of departure or of
the berth or of the places of call.





(2) If the ship is on charter the notice shall be given by
the charterer.

(3) Notice by an agent sliall be deenied also to be notice
by the owner or charterer, as the case may be.

(4) If the owner or charterer is not in the Colony the
obligation to give notice shall lie on his agents.

(5) Reasonable notice in writing shall he given to the
Postmaster General of every, alteration of the hour of departure
of any ship plying daily or on fixed, days to- Macao or to any
place on the Canton River or West River. The obligation to
give such notice shall lie on the person on whom it would have
lain if the ship had not been within the exception specified in
sub-section (1).

(6) In general a notice shall not be deemed to be reasonable
for the purposes of this section unless it is given in time to enable
the Postmaster General to inform the public by. notice in the
public press of the day and hour for closing the mails. by the ship
in question.

18. Every master of a ship (not-being or havingthe status
of a ship of war) about to depart from the Colony to any place
outside the Colony shall receive on. board any postal packets or
mail bags tendered to him by any officer of the Post Office for
conveyance and shall give a receipt therefor in such form as the
Postmaster General prescribes.

19.-(1) It shall be lawful for the Postmaster General to
pay to the masters of ships, not beling Government or contract
ships, for the conveyance of postal packets, gratuities at such-
rates as may be prescribed in any regulations made under this
Ordinance.

(2) Before payment is made the Postmaster General may
require the master of any ship by which any postal packets have
been conveyed to produce a certificate from the post office of.
destination that such postal packets have been duly received
from him.

NO gratuity shall be payable-

(a) unless application be made for payment within twelve





months of the receipt by the master of the ship of the postal
packets in respect of which the gratuity is claimed; or
(b) if there has been unreasonable delay on the part of the
master in delivering the postal packets at the post office ot
destination ; or
(c), if any of the postal packets have been damaged in
transit, unless the master proves to the satisfaction of the Post-
master General that such damage was not due to any fault or
lack of sufficient care,on his part.

(4) If the master of any vessel satisfies the Postmaster
General that he, will not return to the Colony within the twelve
months prescribed by sub-section (3) (a), it shall be lawful for
the Postmaster General to pay a gratuity in advance.

20. Every master of a ship to whom any, postal packets are
delivered under section 18 shall be deemed to contract with the
Postmaster General that, in consideration of the gratuity payable
in respect of such postal packets, he will duly deliver the said
postal packets to the postal authority to whom the same are
addressed immediately on his arrival in any port, without wilful
or avoidable delay, and that if he fails in any respect to perform
such contract he will pay to the Postmaster General the sum
of five hundred dollars as liquidated damages for the breach
thereof.

21.-(1) The postage chargeable on every postal packet
posted in the Colony, except a letter, shall be prepaid in full.
(2) It shall be lawful for the Postmaster General to refuse
to receive any postal packets, including letters, tendered for
posting, unless the postage and any other sum chargeable thereon
has been fully prepaid.

(3) Where the postage on any postal packet has not been
prepaid or has not been fully prepaid, there shall be chargeable
upon such postal packet double the postage or double the
deficiency, as the case may be.

(4) Where a postal packet has been, posted in the Colony
and is addressed to an addressee in the Colony and the postage
or any other sum chargeable on such postal packet has not been
paid or has not been fully paid, such postage or sum or deficiency,
as the case may be, shall be payable as follows-,

* As amended by Law Rev. Ord., 1939, Supp. Sched.





(a) by the addressee, upon delivery of the postal packet to
him, unless he refuses to accept delivery or returns the postal
packet forthwith unopened;
(b) by the sender, upon demand by the Postmaster General,
if the addressee refuses to accept delivery or returns the postal
.packet forthwith unopened, or if the addressee is dead or cannot
be found, or if the Postmaster General is of opinion that such
postage or sum or deficiency should be paid by the sender and
not by the addressee.
(5) Where a postal packet has been, posted in the Colony
and is addressed to an addressee outside the Colony and the
postage or any other sum chargeable on such postal packet has
not been paid or has not been fully paid, such postage or sum
ot. deficiency shall be payable by the sender upon demand by
the Postmaster General, if the postal packet is returned by the
office of destination as'undeliverable.
(6) Where a postal packet las been posted outsid& the
Colony and is addressed to an addressee in the Colony and the
postage or any other sum. chargeable on such postal packet has
not been fully paid, such postage or sutn or deficiency shall be
payable by the addressee upon the postal packet being tendered
for delivery to him, unless the Postmaster General is of opinion
that such postage or sum or deficiency should be paid by the
sender.

22. If any person refuses or neglects to pay any postage
or other sum which he is legally bound to pay in respect of
any postal packet, the Postmaster General may withhold from
such person any postal packet whatsoever addressed to him,
not being on His Majesty's service, until such postage or other
sum has been.paid.

23.-(1) It shall be lawful for any public officer who may,
either generally. or in a particular case, be authorized. in writing
by the Postmaster General in that behalf to search for, seize,
remove and detain any postal article in respect of which such
public officer may have reason to believe that any offence against
this Ordinance has been committed.

(i) Such officer may, with or without assistance, if, neces-
sary-

As amended by Law Rev. Ord., 1939, Supp. Sched.





(a) break open any outer or inner door of any house,
building,or place and enter thereinto;

(b) forcibly board and enter any ship (not being or having
the status of a ship of war) and every part thereof;

(c) search any person force in such house, building or
place, or on,board such ship: Provided that no female person
shall be searched except by a fdmale

(d) remove by force any ma terial obstruction to, or any
person obstructing, any such entry, search, seizure, removal and
detention as he is empowered to effect; and

(e) open and examine any postal article found in such
house, building or place, or on board such ship.

(3) No person shall delay or obstruct any entry, search,
seizure, removal or detention which is authorized by this
Ordinance.

(4) It shall be lawful for any, public officer who in the
execution of his duty discovers any, postal article in respect of
which he may have reason to believe that any offence whatsoever
has been or is about to he committed to seize and detain any
such postal article.

24.-(1) Where an officer of the Post Office vacates his
office (whether by reason of dismissal, resignation, death or
otherwise) he, or if he is dead his personal representative and
any person in possession of his effects, shall deliver to the
Postmaster General all articles (whether uniform, accoutrements,
appointments or other necessaries) which were issued to, such
officer for the execution of his duty and are not or were not the
property of that officer, and shall deliver the articles in good
order and condition, fair wear and tear only excepted.

(2) Every person who fails to comply with the provisions
of this section shall, in lieu of or in addition to any fine which
may.be iniposed upon him., be also liable to pay such sum not
exceeding two hundred and fifty doilars as a magistrate may
determine to be the valtle of the articles not delivered, or if the
articles have been delivered but not in good order and condition,
of the damage done to the articles.

(3) Any justice of the peace may issue a warrant by virtue





of which a police officer may search for and seize any articles
not delivered as required by this section, in like,manner as if
they were stolen goods and the warrant were a warrant to search
for stolen goods.

25.-(1) If any postal packet addressed to any person at
any hotel, boarding-house or shipping office, and delivered at
such hotel,. boarding-house or shipping office, is not claimed
by or forwarded to the addressee within the respective periods
specified in sub-section (2), the person in charge of such hotel,
boarding-house or shipping office shall forthwith return the
postal packet to the Postmaster Gefieral, and the postal packet
shall thereupon be treated as a postal packet which has been
returned to the Post Office from inability-to find the person to
whom it is addressed.

(2) The respective times. referred to in sub-section (1) shall
be two weeks in the case of a postaI packet posted in the Colony
and two months in the case of a postal packet posted in any
place outside the Colony: Provided that the Postmaster General
may from time to time extend either of these periods as he may
think fit in any particular case.

26. No person shall-

(a) steal or embezzle or obtain by false pretences or by
any other fraudulent means, or destroy, any mail bag or postal
packet or anything contained in or forming part of any mail
bag or postal packet;

(b) steal or embezzle or obtain by faise pretences or by
any other fraudulent rneans.any letter or anything contained in
or forming part of any letter, whether such letter is in course
of transmission by post or not;

(c) receive any postal packet or anything which was con-
tained in or formed part of any powal packet, or any letter or
anything which was contained in or formed part of any leller,
which was stolen, embezzled or obtained by false pretences or by
any other fraudulent mearts, knowirig that such packed
or letter or thing was stolen, embezzled or obtained by false
pretences ot other fraudulent means, as the case may be.

As amended hy Law Rev. Ord., 1939, Supp. Sched.





27. No person shall wilfully open any postal packet addressed
to some other person, which is in course of transmission by
post or which has been transmitted by post, or do anything
whereby the due delivery. of any postal packet addressed to some
other person, which is in course of transmission by post or which
has. been transmitted by. post, is prevented or. delayed or impeded,
either with intent to injure-such other person or with intent to
obtain some benefit for.himself.

28. No person shall fraudulently retain, or wilfully secrete
or keep or detain, -or when required by an officer of the Post
Office neglect or refuse to deliver up-

(i) any postal packet or any mail bag which ought to have
been delivered to any other person ; or

(2) any postal packet or any mail bag which has been
found by him or by any other person.

29. No person shall without lawful authority or excuse-

(i) open any postal packet or take any of the contents out
of any postal packet; or

(2) -Open any mail bag or take any postal packet or any
of the contents of any postal packet out of any mail bag; or

(3) have in his possession any postal packet, or mail.bag or
any of the contents of any postal packet or mail bag; or

(4) delay any postal packet or mail bag.

30. No person shall place in or against any post office letter
box any fire, match, light or fluid, or any expiosive, dangerous.
filthy, noxious or deleterious substance, or injure or disfigure or
do anything likely to injure or disfigure any post office letter
box or any of its contents..

31.-(1) No person shall without lawful authority make on
any envelope, wrapper, card, form or paper, for the purpose of
being sent by post or of being otherwise used,.any word, letter
or mark, in imitation of or similar to or purporting to be, any
word, letter or mark used by any postal authority, British or
foreign, or any word, letter or mark which signifies or implies,

As amended by Law. Rev. Ord., 1939, Supp. Sched,





or might reasonably lead the recipient thereof to believe, that
the postal packet bearing such word, letter or mark is sent on
His Majesty's service.

(2) No person shall without lawful authority or excuse
make any envelope, wrapper, card, form or paper in imitation
of, or similar to or purporting to be, an envelope, wrapper, card,
form or paper issued by or under the authority of any postal
authority, British or foreign.

(3) No person shall without lawful authority or excuse
have in his possession any envelope, wrapper, card, form or
paper the making of which is prohibited by this section, of upon
which there appears any word, letter or mark the making of
which is prohibited by ihis section.

32.-(1) No person shall post, tender for posting or send
by post-

(a) any postal packet consisting of or containing anything
which might expose postal officials to danger or which might
soil or damage any other postal packet;

(b) any explosive, inflammable or dangerous substance;

(c) any animal, or insect, live or dead, except as provided
for in any regulations made under this Ordinance;

(d) samples of which the number forwarded by the same
sender' to the same addressee shows an obvious intention of
avoiding the payment of the customs charges due to the country
of destination (provided that such country is included in the
Postal Union);

(e) any opium within the meaning of the Opium Ordin-
ance, 1932

any drug to which the Dangerous Drugs Ordinance.,
1935, applies;

(g) any obscene, immoral, indecent, offensive or libellous
writing, picture or other thing;

(h) anything whatsoever of which the importation or circu-
lation is forbidden in the Colony or in the country of destination
(provided that such country is included in the Postal Union)

As amended by Law Rev. Ord., 1939, Supp. Sched.





(i) any seditious publication within the meaning of any
enactment relating to,sedition;

(j) any postal packet which without lawful authority or
excuse contains or bears any imitation or representation of any
postage stamp, British or foreign;

(k) any postal packet which purports to be prepaid with
any postage stamp which in fact has been used or appears to
have been used to prepay any other postal article;

(l) any imitation of any envelope, wrapper, card, form or
document issued by any postal authority, British or foreign

(m) any postal packet bearing any imitation of any words,
letters or other marks used by any postal authority, British or
foreign

(n) any postal packet bearing without lawful authority any
words, letters or other marks calculated to convey the impression
that such postal packet has been sent on His Majesty's service;

(o) any lottery tickets or any document relating to any
lottery;

(p) coin or gold or silver bullion; or

(q) anything the sending of which by post is prohibited
by any regulation made under this or any other Ordinance.

(2) No person shall post or tender for posting or send by
post, in any particular kind of postal packet, anything if the
sending of such thing by post in that kind of postal packet is
prohibited by any regulation made under this Ordinance.

(3) The importation by post of anything which is pro-
hibited to be sent by post is prohibited.

(4) No person shall import any intoxicating liquor by post.

(5) If any postal packet received by the Post Office from
outside the Colony for delivery in the Colony contains anything
the sending of which by post is prohibited by or under this
Ordinance, it shall be lawful for a magistrate, upon such notice
to the addressee as he may think reasonable, to order that such
thing be forfeited to the Crown, and anything so forfeited shall
be dealt with in such way as the Governor may direct.





(6) It shall be lawful for the Postmaster General. to refuse
to receive in the post or to refuse to forward anything which,
by reason of its nature, contents or form or for any other
reason, is not in accordance with any departmental rules made
or adopted by him or any departmental, practice followed in the
Post Office.

31-( 1 ) No officer of the Post Office shall-

(a) wilfully deliver any mail bag or postal packet to any
person other than the person to whom such mail bag or postal
packet ought to be delivered

(b) issue any money order with a fraudulent intent

(c) reissue a money order or postal order or postal note
previously paid;

(d) wilfully pay any money order or postal order or postal
note to any person other than the person to whom such money
order or postal order or postal note should be paid;

(e) wilfully or negligently endanger the safety of any mail
bag or postal packet;

fraudulently put any wrong official mark on . any mail
bag or postal packet

(g) fraudulently alter, remove or cause to disappear any
official mark which is on any mail bag or postal packet;

(h) being entrusted with the delivery of any.postal packet,
knowingly demand or receive any sum of money in respect
of the postage thereof which is not chargeable under this
Ordinance;

(i) being entrusted with the preparing or keeping of any
document, fraudulently prepare such document incorrectly or
alter or secrete or destroy such document;

(j) send by post or put into a any mail bag any postal packet
upon which the postage has not been paid or charged in the-
prescribed manner, with intent thereby to defraud the Govern-
ment of the postage payable on such packet;

(k) be guilty of any act or default or negligence by means
of which the safety of any mail bag or postal packet is or might
be endangered or by means of which the, prompt handling of
any mail bag or postal packet is or might be impeded;





(1) be absent from duty without leave and without lawful
authority or excuse.

(2) Nothing in this section shall be.construed as making
or as tending to make any other section of this Ordinance
inapplicable in the case. of. officers of the Post Office.

34. No person shall obstruct any officer of the Post Office
in the execution of his duty.

35. In any prosecution under this Ordinance in respect of
any mail bag or postal packet or anything which was contained
in or formed part of any mail bag or postal packet, it shall be
sufficent to allege such mail bag or postal packet or thing to be
the property of the Postmaster General without mentioning his
name.

36. In any proceeding for the recovery of any postage or
other sum alleged to be due under this Ordinance in respect of
any postal packet and in any prosecution under this Ordinance-

(1) the production of a postal article having thereon what
appears to be any official mark of any postal authority, British
or foreign, shall until the contrary is proved be printd facie
evidence of any fact stated in or indicated by such mark;

(2) the person from whom any postal article purports to
have come shall until the contrary is proved be deemed to be
the sender thereof; and

(3) any statement contained in any document produced
from the custody of the Postmaster General which purports to
be made by any postal authority, British or foreign, shall be
admissible in evidence and shall until the contrary is'proved be
deemed to be true.

37.-(1) Every person who-

(a) acts in contravention of or fails to comply with any
provision of this Ordinance or of any regulation made there-
under; or

(b) acts in contravention of or fails to comply with any
condition of any licence issued under this Ordinance or under
any regulation made thereunder; 'or





(c) attempts to commit an offence against this Ordinance,
or solicits or incites another person to commit any such offence
or attempts to solicit or incite another person to commit any
such offence, or aids, abets, counsels or procures the commission
of any such offence,

shall be deemed to commit an offence against this Ordinance.

(2) Where the person convicted of an offence under this
Ordinance is a company or other body corporate, the chairman
and every director and every officer concerned in the manage-
ment of the company or other body corporate shall, unless he
proves that the act of omission constituting the offence took
place without his knowledge and consent, be guilty of the like
offence and shall notwithstanding the provisions of'section 2
(1) (g) be liable to all the penalties and consequences to which
a natural person is, liable upon conviction of the, said offence.

(3) Where the person convicted of an' offence under this
Ordinance is a firm, every partner in the firm and every person
concerned in the management of the firm shall, unless he proves
that the act or omission constituting the offence occurred without
his knowledge and consent, be guilty of the like offence and-
shall notwithstanding the provisions of section 2 (1) (g) be
liable to all the penalties and consequences to which a natural
person is liable upon conviction of the said offence.

38.-(1) Every person who contravenes any of the provi-
sions of any of the sections specified in the first column of the
following table shall be liable to the penalty or penalties specified
in the corresponding entries in the second and third columns,'of
the said table, and when penalties are specified in both the
second and the third columns of the said table the penalty
specified in the third column may be imposed in addition to
that specified in the second column.

SECTION. MAXIMUM MAXIMUM TERM OF
FINE. IMPRISONMENT.

16 $500
17 $500





(2) Where a term of imprisonment is specified in the third
column of the above table, such imprisonment may be imposed
either without any fine being imposed or in addition to any fine
if the offence is one which according to the said table is
punishable also by a fine.

(3) Every person who commits any offence against this
Ordinanc for which no penalty is otherwise provided shall be
liable to a fine not exceeding five hundred dollars and to
imprisonment for any term not exceeding six months.

(4) Any offence against this Ordinance may be prosecuted
either summarily or on indictment: Provided that nothing in
this sub-section shall empower a magistrate to impose a longer
term of imprisonment than six months for any one offence.

(5) If any, act or default is a contravention of more than
one of the said sections or sub-sections, the offender may be
prosecuted, convicted and punished under any one of the said
sections or sub-sections.

39. Notwithstanding the provisions of any enactment which
prescribes the time within which proccedings for an offence
punishable upon a summary convicton may be commenced, any
summary proceedings for aln offence under this Ordinance may,
be commenced within one year after the offence was committed.
[Originally No. 7 of 1926. Law Rev. Ord., 1939.] Short title. Interpretation. 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 89. 8 Edw. 7 c. 48, s. 89. [cf. S. 37 (2), (3).] [s. 2 contd.] 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 90. Regulations. Rates of postage. Appointment of officers. Execlusive privilege of Postmaster General. 8 Edw. 7, c. 48, ss. 30, 34(2). Exemption from liability 8 Edw. 7, c. 48, ss. 13, 23. Decision of Postmaster General as to classification of postal packets final. 8 Edw. 7, c. 48, s. 19. Discretion as to relative urgency 8 Edw. 7, c. 48, s. 15. Postal packets which cannot be despatched or delivered. Postal packets posted by mistake or with wrong or deficent contents. Postal packets which contravene the law, etc. 8 Edw. 7, c. 48, ss. 17, 18. Warrant of Colonial Secretary for opening and delaying postal packets. Disposal of postal packets opened under section 10, 12, or 13. 8 Edw. 7, c. 48, ss. 17, 18. Extension of sections 12, 13 and 14 to articles not transmissible by post. Masters of ships to deliver postal packets to Post Office without delay. 8 Edw. 7, c. 48, s. 27. Notice to be given to Postmaster General of departure of ships. Masters of ships to accept postal packets or mail bags for conveyance. 8 Edw. 7, c. 48, s. 26. Gratuities to masters of ships for conveyance of postal packets. 8 Edw. 7, c. 48, s. 31. Damages for non-delivery of postal packets or mail bags. Liability for payment of postage, etc. 8 Edw. 7, c. 48, s. 3. Right to withold postal packets from person refusing to pay postage, etc. Power of sarch and seizure. Surrender of clothing, etc., by officer of Post Office on ceasing to be officer. 8 Edw. 7, c. 48, s. 44. Postal packets delivered at hotels, etc., and not claimed. Stealing, etc., of postal packets and letters. 8 Edw. 7, c. 48, ss. 50, 52, 55. Diversion of postal packets. 8 Edw. 7, c. 48, ss. 54, 56. Unlawful opening, etc., of postal packets. 8 Edw. 7, c. 48, ss. 51, 56. Damaging, etc., letter boxes. 8 Edw. 7, c. 48, ss. 61, 62. Prohibition of limitation of certain marks, etc. 8 Edw. 7, c. 48, s. 64. Prohibited articles. 8 Edw. 7, c. 48, s. 63. Ordinance No. 7 of 1932. Ordinance No. 35 of 1935. [s. 32 contd.] Offences by officers of the Post Office. 8 Edw. 7, c. 48, s. 58. Obstruction. 8 Edw. 7, c. 48, s. 67. Laying of property. 8 Edw, 7, c. 48, s. 73. Evidence. 8 Edw. 7, c. 48, ss. 8, 9. Offences. 8 Edw. 7, c. 48, s. 69. Penalties. Limitation of time.

[Originally No. 7 of 1926. Law Rev. Ord., 1939.] Short title. Interpretation. 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 89. 8 Edw. 7 c. 48, s. 89. [cf. S. 37 (2), (3).] [s. 2 contd.] 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 90. Regulations. Rates of postage. Appointment of officers. Execlusive privilege of Postmaster General. 8 Edw. 7, c. 48, ss. 30, 34(2). Exemption from liability 8 Edw. 7, c. 48, ss. 13, 23. Decision of Postmaster General as to classification of postal packets final. 8 Edw. 7, c. 48, s. 19. Discretion as to relative urgency 8 Edw. 7, c. 48, s. 15. Postal packets which cannot be despatched or delivered. Postal packets posted by mistake or with wrong or deficent contents. Postal packets which contravene the law, etc. 8 Edw. 7, c. 48, ss. 17, 18. Warrant of Colonial Secretary for opening and delaying postal packets. Disposal of postal packets opened under section 10, 12, or 13. 8 Edw. 7, c. 48, ss. 17, 18. Extension of sections 12, 13 and 14 to articles not transmissible by post. Masters of ships to deliver postal packets to Post Office without delay. 8 Edw. 7, c. 48, s. 27. Notice to be given to Postmaster General of departure of ships. Masters of ships to accept postal packets or mail bags for conveyance. 8 Edw. 7, c. 48, s. 26. Gratuities to masters of ships for conveyance of postal packets. 8 Edw. 7, c. 48, s. 31. Damages for non-delivery of postal packets or mail bags. Liability for payment of postage, etc. 8 Edw. 7, c. 48, s. 3. Right to withold postal packets from person refusing to pay postage, etc. Power of sarch and seizure. Surrender of clothing, etc., by officer of Post Office on ceasing to be officer. 8 Edw. 7, c. 48, s. 44. Postal packets delivered at hotels, etc., and not claimed. Stealing, etc., of postal packets and letters. 8 Edw. 7, c. 48, ss. 50, 52, 55. Diversion of postal packets. 8 Edw. 7, c. 48, ss. 54, 56. Unlawful opening, etc., of postal packets. 8 Edw. 7, c. 48, ss. 51, 56. Damaging, etc., letter boxes. 8 Edw. 7, c. 48, ss. 61, 62. Prohibition of limitation of certain marks, etc. 8 Edw. 7, c. 48, s. 64. Prohibited articles. 8 Edw. 7, c. 48, s. 63. Ordinance No. 7 of 1932. Ordinance No. 35 of 1935. [s. 32 contd.] Offences by officers of the Post Office. 8 Edw. 7, c. 48, s. 58. Obstruction. 8 Edw. 7, c. 48, s. 67. Laying of property. 8 Edw, 7, c. 48, s. 73. Evidence. 8 Edw. 7, c. 48, ss. 8, 9. Offences. 8 Edw. 7, c. 48, s. 69. Penalties. Limitation of time.

https://oelawhk.lib.hku.hk/items/show/1593

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