POST OFFICE ORDINANCE

POST OFFICE ORDINANCE

CHAPTER 98.
THE POST OFFICE ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section Page
1. Short title ... ... ... ... ... ... ... ... ... ... 91
2. Interpretation ... ... ... ... ... ... ... ... ... ... 91
3. Regulations ... ... ... ... ... ... ... ... ... ... ... 93

4. Rates of postage ........................ ... ... ... ... 94
5. Appointment of officers ................. ... ... ... ... ... 94

6. Exclusive privilege of Postmaster General ... ... ... ... 94

7. Exemption from liability ................ ... ... ... ... 96

8. Decision of Postmaster General as to classification final 97

9. Discretion as to relative urgency ....... ... ... ... ... ... 97

10. Postal packets which cannot be despatched or delivered ... 97
11. Postal packets, mistake or wrong or deficient contents ... 97

12. Postal packets which contravene the law, etc ... ... ... ... 97

13. Warrant for opening and delaying postal packets ... ... 98

14. Disposal of postal packets opened under section 30, 12 or 13--- 98

15. Extension of sections 12, 13 and 14 to certain articles ... 99

16. Masters of ships to deliver postal packets withou delay 99

17. Notice to be given of departure of ships ... ... ... ... 99

18. Masters of ships to accept postal packets or mail bags ... 100

19. Gratuities to masters of ships for conveyance of postal
packets ... ... ... ... ... ... ... ... ... ... 100

20. Damages for non-delivery of postal packets or mail bags 101

21. Liability for payment of postage, etc . ... ... ... ... ... 101

22. Right to withhold from person refusing to pay postage, etc. 102

23. Power of search and seizure ............ ... ... ... ... ... 102

24. Surrender of clothing, etc., on ceasing to be officer ... ... 103
25. Postal packets delivered at hotels, etc., and not claimed ... 104

26. Stealing, etc., of postal packets and letters ... ... ... 104

27. Diversion of postal packets ............ ... ... ... ... 105

28. Unlawful retention of postal packets ... ... ... ... ... 105
29. Unlawful opening, etc., of postal packets ... ... ... ... 105

30. Damaging, etc., letter boxes ........... ... ... ... ... ... 105

31. Prohibition of limitation of certain marks, etc. ... ... 105

32. Prohibited articles .................... ... ... ... ... ... 106

33 Offences by officers of the Post Office ... ... ... ... ... 108

34. Obstruction ............................ ... ... ... ... ... 109
35. Laying of property ..................... ... ... ... ... ... ... 109

36. Evidence ... ... ... .. . ... ... ... ... ... .. ... ... 109
37. Offences ... ... ... ... ... ... ... ... ... ... ... ... 110
38. Penalties ... ... ... ... ... ... ... ... ... ... ... ... 110

39. Limitation of time ..................... ... ... ... ... ... ... 112





CHAPTER 98.

POST OFFICE.

To amend the law relating to the Post Office.

[1st July, 1926.]

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

2. (1) In this Ordinance

'clubbed packet' means a packet containing a collection of Chinese
letters made up by any person not being an officer of the Post
Office aiid transmitted 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;

'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 Universal Postal Union, for the
conveyance of mails, for more than one voyage;

'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;

'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;

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

'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;

'person' except so far as relates to the imposition of the penalty of
imprisonment, includes a body corporate and a firm;





'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;

'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;

'postage stamp' means any label or stamp for denoting 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 ;

'postal article' includes everything which is transmissible by post;

'postal packet' means a postal article, or a collection of postal articles,
which is in course of transmission by post as one postal unit;

'Postmaster General' means, unless His Majesty's Postmaster General
is indicated, the Postmaster General of the Colony, and includes
every assistant postmaster general;

'ship' includes every, description of vessel used in navigation and
ever), description of aircraft.

(2) For the purposes of this Ordinance-

(a)a postal article shall be deemed to be in course of
transmission 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 postal stationery ;

(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;

(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. (1) The Postmaster General may subject to any direction of the
Governor in Council determine the rates it 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.

(2) The Governor in Council may at any time by, order revise any
rates of postage determined by the Postmaster General and such
revised rates shall come into operation as from the notification of such
order in the Gazelte.

5. It shall be lawful for the Governor to appoint a Postmaster
General and such other officers of the Post Office as he may think fit.

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

(a)conveying letters frorn 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 transmission 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
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;

(iv) telegrams sent out by any telegraph company and

(v) letters of merchants, owners of vessels or aircraft of
merchandise, or the cargo or loading therein, sent by those vessels or aircraft
of merchandise or by any person employed by those owners for the carriage of
those letters, according to their respective directions, and delivered to the
respective persons to whom they are directed, without paying or receiving hire
or reward, advantage or profit for the same in anywise.

(2) Notwithstanding anything contained in subsection (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 subsection (1) 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 anywhere;
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 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 any liability
by reason of such loss, non-delivery, misdelivery, delay or
damage, except in the case of fraud or wilful misbehaviour.

(3) Neither the Government nor any officer of the Post office shall incur any
liability for the loss, non-delivery, misdelivery or delay of, or damage to, any
postal article, whether registered or not, caused by the act or default of any
person licensed in accordance with subsection (2) of section 6, or caused by the
act or default 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,
telegraph 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

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

(b)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
accept it, or which in the opinion of the Postmaster General
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
regulation made under this Ordinance.

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 a
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 under this 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 subsection (5) of section 32 and subject to any
regulations made under this Ordinance, be dealt with in accordance
with the following provisions

(a)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 contents shall be dealt
with according to such direction;

(b)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;

(e)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 call,
and may lawfully, be forwarded or delivered to the addressee,
the postal packet aiid its contents shall be so forwarded or
delivered ;

(d)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 aiid 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 con-
tents of all such articles,such articles or contents
be transmissible by post or not.

16. Every master of a ship having oil board any postal packets
which are within the exclusive privilege conferred oil 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 Marine Department, deliver all such postal packets at
the General Post Office or to sonic officer of the Post Office or other
person authorized by the Postmaster General to receive the same.

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
Postmaster General of the day, and hour of the intended departure of
such ship, 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 oil charter the notice shall be given by the
charterer.

(3) Notice by an agent shall be deerned 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 he on his agents.

(5) Reasonable notice in writing shall be given to the
Postmaster General of every alteration oF the hour of depar-
ture 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 oil the person on whom it would have lain if the
ship had not been within the exception specified in subsection (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 having the 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 being Governnient 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.

(3) 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 of
destination; or





(c)if any of the postal packets have been damaged in transit,
unless the master proves to the satisfaction of the
Postmaster 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 paragraph (a) of subsection (3), 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 aiid 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

(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 or 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 has been posted outside 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 sum 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 surn 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.

(2) Such officer may, with or without assistance, if necessary

(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 found in such house, building or place, or
on board such ship : Provided that no female person shall be
searched except by a female;

(d)remove by force any material 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
be 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 line which may be imposed
upon him, be also liable to pay such sum not exceeding two hundred
and fifty dollars as a magistrate may determine to be the value 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 anv 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
subsection (2), the person in charge of such hotel, boarding-house or
shipping office shall forthwith return the postal packet to the
Postmaster General, 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 subsection (i) shall be two
weeks in the case of a postal 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 false pretences or by any other
fraudulent means 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
contained in or formed part of any, postal packet, or any
letter or anything which was contained in or formed part of
any letter, which was stolen, embezzled or obtained by false
pretences or by any other fraudulent means, knowing that
such postal packet or letter or thing was stolen, embezzled or
obtained by false pretences or other fraudulent means, as the
case may be.

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

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

(b)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-

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

(b)open any mail bag or take any postal packet or any of the
contents of any postal packet out of any mail bag; or

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

(d) 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 explosive, 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, 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, or upon which there appears any
word, letter or mark the making of which is prohibited by this section.

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

(a) any postal packet consisting of or containing any-
thing 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 Universal Postal Union) ;

(e) any opium or any other drug to which the Dangerous
Drugs Ordinance applies;

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

(g)anything whatsoever of which the importation on circulation
is forbidden in the Colony or in the country of destination
(provided that such contry is included in the Universal
Postal Union);

(h)any seditious publication within the meaning of any
enactment relating to sedition





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

(j) 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;

(k) any imitation of any envelope, wrapper, card, form or
docurnent issued by any postal authority, British or foreign;

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

(m) a any 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;

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

(o) coin or gold or silver bullion; or

(p)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 prohibited 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.

33. (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;

(f) 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 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
Government 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 tile prompt handling of
any mail bag or postal packet is or might be impeded;

(l)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 sufficient 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-

(a)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 prima
facie evidence of any fact stated in or indicated by such
mark;

(b)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

(c)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 thereunder; 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 management of the company or
other body corporate shall, unless he proves that the act or omission
constituting the offence took place without his knowledge and
consent, be guilty of the like offence and shall notwithstanding the
Provisions of subsection (1) of section 2 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 subsection (1) of section 2 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 provisions 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.

Maximum Maximum term of
Section. fine. imprisonment
16 $500 --
171 $500 --
is $500 --
24 $250 --
26 -- 14 years.
28 -- 2 years.
29 -- 2 years.
33 $500 2 years.

(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) Any person who commits any offence against this Ordinance
for which no penalty is otherwise provided shall be liable to a fine of
five hundred dollars and to imprisonment for six months.

(4) Any offence against this Ordinance may bec prosecuted either
summarily or on indictment . Provided that nothing in this subsection
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 subsections, the offender may be prosecuted,
convicted and punished under any one of the said sections or
subsections.

(6) In the case of a conviction involving a fine the court 9 of 1941, S,2 or magistrate
inflicting such fine may direct, on the application of the Postmaster General or other
officer conducting





the prosecution, that any part not exceeding one half thereof shall be
paid to any person who has given such information as has led to the
conviction of the offender or offenders, or, if there are more than one
such person, may direct such part to be divided amongst them in such
proportion as the court or magistrate may direct.

39. Notwithstanding the provisions of any enactment which
prescribes the time within which proceedings for an offence punishable
upon a summary conviction may be commenced, any summary,
proceedings for an offence under this Ordinance may be coninienced
within one year after the offence was committed.
Originally 7 of 1926. Fraser 7 of 1926. 22 of 1940. 9 of 1941. 52 of 1948. Short title. Interpretation. 8 Edw. 7, c. 48, s. 80. 8 Edw. 7, c.48. S. 80.] [cf. S. 87 (2), (3).] [s. 2 cont.] 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 90. [s. 3 cont.] Rates of postage. 52 of 1948, s. 2. Appointment of officers. Exclusive privilege of Postmaster General. 8 Edw. 7, c. 48, ss. 30, 34 (2). 22 of 1940,s . 2. [s. 6 cont.] 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 dispatched or delivered. Postal packets posted by mistake or with wrong or deficient contents. Postal packets which contravene the law, etc. 8 Edw. 7, c. 48, ss. 17. 18. [s. 12 cont.] 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 o9f departure of ships. [s. 17 cont.] Masters of ships to accept postal packets or mail bags for conveyance. 8 Edw. 7, c. 48, s. 26. 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, s. 48, s. 3. [s. 21 cont.] Right to withhold postal packets from person refusing to pay postage, etc. Power of search and seizure. Surrender of clothing, etc., by officer of Post Office on ceasing to be officer. 8 Edw. 7, c. 48, s. 44. [s. 24 cont.] Postal packets delivered at hotels, etc., and not claimed. Stealing, etc., of postal packets and letter. 8 Edw. 7, c. 48, ss. 50, 52, 55. Diversion of postal packets. 8 Edw. 7, c. 48, ss. 54, 56. Unlawful retention of postal packets. 8 Edw. 7, c. 48, ss. 53. Unlawful opening, etc., of postal packets. 8 Edw. 7, c. 48, ss. 54, 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, ss. 64. [s. 31 cont.] Prohibited articles. 8 Edw. 7, c. 48, s. 63. (Cap. 134.) [s. 32 cont.] 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. 9 of 1941, s. 2. [s. 38 cont.] Limitation of time.

Originally 7 of 1926. Fraser 7 of 1926. 22 of 1940. 9 of 1941. 52 of 1948. Short title. Interpretation. 8 Edw. 7, c. 48, s. 80. 8 Edw. 7, c.48. S. 80.] [cf. S. 87 (2), (3).] [s. 2 cont.] 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 89. 8 Edw. 7, c. 48, s. 90. [s. 3 cont.] Rates of postage. 52 of 1948, s. 2. Appointment of officers. Exclusive privilege of Postmaster General. 8 Edw. 7, c. 48, ss. 30, 34 (2). 22 of 1940,s . 2. [s. 6 cont.] 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 dispatched or delivered. Postal packets posted by mistake or with wrong or deficient contents. Postal packets which contravene the law, etc. 8 Edw. 7, c. 48, ss. 17. 18. [s. 12 cont.] 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 o9f departure of ships. [s. 17 cont.] Masters of ships to accept postal packets or mail bags for conveyance. 8 Edw. 7, c. 48, s. 26. 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, s. 48, s. 3. [s. 21 cont.] Right to withhold postal packets from person refusing to pay postage, etc. Power of search and seizure. Surrender of clothing, etc., by officer of Post Office on ceasing to be officer. 8 Edw. 7, c. 48, s. 44. [s. 24 cont.] Postal packets delivered at hotels, etc., and not claimed. Stealing, etc., of postal packets and letter. 8 Edw. 7, c. 48, ss. 50, 52, 55. Diversion of postal packets. 8 Edw. 7, c. 48, ss. 54, 56. Unlawful retention of postal packets. 8 Edw. 7, c. 48, ss. 53. Unlawful opening, etc., of postal packets. 8 Edw. 7, c. 48, ss. 54, 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, ss. 64. [s. 31 cont.] Prohibited articles. 8 Edw. 7, c. 48, s. 63. (Cap. 134.) [s. 32 cont.] 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. 9 of 1941, s. 2. [s. 38 cont.] Limitation of time.

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