POST OFFICE ORDINANCE

POST OFFICE ORDINANCE

LAWS OF HONG KONG

POST OFFICE ORDINANCE

CHAPTER 98





CHAPTER 98

POST OFFICE ORDINANCE

ARRANGEMENT OF SECTIONS

Section ...................................Page

1. Short title................................. ... ... ... ... ... ... 2
2. Interpretation ............................. ... ... ... ... ... ... ... 2

3. Regulations .......................... ... ... ... ... ... ... ... ... 3
4. Rates of postage ..................... ... ... ... ... ... ... ... ... ... 4

5. Appointment of officers .................... ... ... ... ... ... ... 4

6. Exclusive privilege of Postmaster General ... ... ... ... ... ... 5

7. Exemption from liability ................... ... ... ... ... ... ... ... 6

8. Decision of Postmaster General as to classification of postal packets final ... 7

9. Discretion as to relative urgency .......... ... ... ... ... ... ... ... 7

10..............................Postal packets which cannot be dispatched or delivered ... ... ... ... ... 7

11....................................Postal packets posted by mistake or with wrong or deficient contents ... ... 7

12.........................Postal packets which contravene the law, etc . ... ... ... ... ... ... ... 7

13....................................Warrant of Chief Secretary for opening and delaying postal packets ... ... 7

14..................................Disposal of postal packets opened under section 10, 12 or 13 ... ... ... 8

15. Extension of sections 12, 13 and 14 to articles not transmissible by post ... ... 8
16. Masters of ships to deliver postal packets to Post Office without delay ... ... 8

17..................................Notice to be given to Postmaster General of departure of ships ... ... ... 8

18....................................Masters of ships to accept postal packets or mail bags for conveyance ... ... 9

19..................................Gratuities to masters of ships for conveyance of postal packets ... ... ... 9

20................................Damages for non-delivery of postal packets or mail bags ... ... ... ... 10

21.......................Liability for payment of postage, etc. ... ... ... ... ... ... ... ... 10

22.......................................Right to withhold postal packets from person refusing to pay postage, etc . ... 11

23..................Power of search and seizure ... ... ... ... ... ... ... ... ... ... 11

24. Surrender of clothing, etc., by officer of Post Office on ceasing to be officer ... 12

25..............................Postal packets delivered at hotels, etc., and not claimed ... ... ... ... ... 12

26.....................Destruction of postal packets, etc . ... ... ... ... ... ... ... ... ... 12

27................Diversion of postal packets ... ... ... ... ... ... ... ... ... ... ... 12

28.....................Unlawful retention of postal packets ... ... ... ... ... ... ... ... ... 13
29.....................Unlawful opening, etc., of postal packets ... ... ... ... ... ... ... ... 13
30. Damaging, etc., letter boxes 13
31. Prohibition of imitation of certain marks, etc . 13

32. Prohibited articles ... ... ... ... ... ... ... ... ... ... ... ... ... 14







32A. Offences relating to postage stamps 15
32B. Power of magistrate in relation to stolen postage stamps ... ... ... ... ... 16
32C. Fraudulent practices relating to payment of postage ... ... ... ... ... 16
321). Bills for unordered goods and services 16
33. Offences by officers of the Post Office 1 17

34. Obstruction ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 18
35. Laying of property ... ... ... ... ... ... ... ... ... ... ... ... ... 18
36. Evidence ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 18
37. Offences ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... is
38. Penalties ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 19
39. Limitation of time ... ... ... ... ... ... ... ... ... ... ... ... ... 20





CHAPTER 98

POST OFFICE

To amend the law relating to the Post Office.

[1 July 1926.1

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

2. (1) In this Ordinance, unless the context otherwise requires--

'clubbed packet' means a packet containing a collection of Chinese
letters made up by any person not being an officer of the Post
Office and 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 Her 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 Her 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 Her Majesty's Postmaster General is
indicated, the Postmaster General of Hong Kong, and includes
every assistant postmaster general; (Amended, 1 of 1987, s. 8)

',ship' includes every description of vessel used in navigation and
every 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. The Governor in Council may by regulation provide for 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;

(1) 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.
(Amended, 33 of 1939, Supp. Schedule, G.N. 840140)

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

(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 Gazette.
4A (Replaced, 52 of 1948, s. 2)

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.
(Amended, 33 of 1939, Supp. Schedule, G.N. 840140)





6. (1) The Postmaster General, 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 Hong
Kong;

(b)sending letters out of Hong Kong for delivery outside Hong
Kong;

(c)receiving letters brought into Hong Kong for delivery in Hong
Kong; and

(d)receiving letters brought into Hong Kong for transmission to
some place outside Hong Kong, other than letters contained in
mail bags passing through the waters of Hong Kong without
transhipment,

and shall also have the exclusive privilege of performing all the
incidental services of receiving, collecting, sending, dispatching and
delivering all such letters, except in the following cases

(i)letters not exceeding 3 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. (Added, 22 of 1940, s. 2)

(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 subsections (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 Hong Kong otherwise than through the
post; or

(d)without lawful authority or excuse bring any letter into Hong
Kong 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 Hong Kong, 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.

(Amended, 1 of 1987, s. 8)

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 letter, a newspaper, a parcel,
a postcard, a printed paper 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.
(Amended, 34 of 1971, s. 2)

9. It shall be lawful for the Postmaster General in his discre-
tion to decide any question as to the relative urgency of particular
mails or particular classes of postal packets and to postpone the
delivery or dispatch of any mails or postal packets to the delivery or
dispatch 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 Chief 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 section 32(5) 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;

(c)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 forwarded or delivered to the addressee, the postal
packet and 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 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 transmis-
sion 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 Hong Kong and before
reporting at the Marine Department, deliver all such postal packets
at the General Post Office or to some officer of the Post Office or other
person authorized by the Postmaster General to receive the same.
(Amended, 1 of 1987, s. 8)

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 dispatch such ship from Hong Kong to any
place outside Hong Kong, 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 on charter the notice shall be given by the
charterer.

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

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

(5) Reasonable notice in writing shall be 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 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.
(Amended, 1 of 1987, s. 8)

18. Every master of a ship (not being or having the status of a
ship of war) about to depart from Hong Kong to any place outside
Hong Kong 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.
(Amended, 1 of 1987, s. 8)

19. (1) It shall be lawful for the Postmaster General to pay to
the masters of ships, not being 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.

(3) No gratuity shall be payable-

(a)unless application be made for payment within 12 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 Hong Kong within the 12 months prescribed by
subsection (3)(a), it shall be lawful for the Postmaster General to pay a
gratuity in advance. (Amended, 1 of 1987, s. 8)

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 $ 10,000 as liquidated damages for the breach thereof.

(Amended, 1 of 1987, s. 2)

21. (1) Save where the Postmaster General otherwise permits, the
postage chargeable on every postal packet posted in Hong Kong, except
a letter, shall be prepaid in full. (Amended, 1 of 1987,s.3)

(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.
(Amended, 33 of 1939, Supp. Schedule, G.N. 840140)

(3) Where the postage on any postal packet is required to be
prepaid and has not been prepaid or has not been fully prepaid, there
shall be chargeable upon such postal packet such surcharge as may be
prescribed in regulations made by the Governor in Council. (Replaced,
81 of 1975, s. 2. Amended, 1 of 1987, s. 3)

(4) Where a postal packet has been posted in Hong Kong and is
addressed to an addressee in Hong Kong and the postage or any other
sum chargeable on such postal packet is required to be prepaid and has
not been paid or has not been fully paid, payment under this section
shall be made (Amended, 81 of 1975, s. 2 and 1 of 1987,s.3)

(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 Hong Kong and is
addressed to an addressee outside Hong Kong and the postage or any
other sum chargeable on such postal packet has not been paid or has
not been fully paid, payment under this section shall be due from the
sender upon demand by the Postmaster General, if the postal packet is
returned by the office of destination as undeliverable. (Amended, 81 of
1975, s. 2)

(6) Where a postal packet has been posted outside Hong Kong and
is addressed to an addressee in Hong Kong and the postage or any
other sum chargeable on such postal packet has not been fully paid,
payment under this section shall be due from 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. (Amended, 81 of 1975,s.2)

(Amended, 1 of 1987, s. 8)

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 Her 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.

(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;

(e)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. (Amended, 33 of 1939, Supp. Schedule, G.N. 840140)

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 imposed upon him, be also liable to pay such sum not exceeding
$2,000 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. (Amended, 1 of 1987, s. 4)
(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 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 (1) shall be
2 weeks in the case of a postal packet posted in Hong Kong and
2 months in the case of a postal packet posted in any place outside
Hong Kong: (Amended, 1 of 1987, s. 8)
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 destroy any mail bag or postal packet or
anything contained in or forming part of any mail bag or postal
packet.
(Replaced, 21 of 1970, Second Schedule)

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. (Amended, 33 of 1939, Supp.
Schedule, G.N. 840140)

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 Her 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 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) [Deleted, 34 of 1971, s. 31

(e)any opium or any other drug to which the Dangerous Drugs
Ordinance applies; (Amended, 33 of 1939, Supp. Schedule,
G.N. 840140. See, 2 of 1946, Schedule I, Proc. No. 13)

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

(g)anything whatsoever of which the importation or circulation is
forbidden in Hong Kong or in the country of destination
(provided that such country is included in the Universal Postal
Union); (Amended, 1 of 1987, s. 8)

(h)any seditious publication within the meaning of any enactment
relating to sedition; (Replaced, 33 of 1939, Supp. Schedule,
G.N. 840140)

(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
document issued by any postal authority, British or foreign;

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

(m)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 Her 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) [Deleted, 1 of 1987, s. 51

(5) If any postal packet received by the Post Office from
outside Hong Kong for delivery in Hong Kong 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. (Amended, 1 of 1987, s. 8)

(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.

32A. Any person who-

(a)fraudulently prints or impresses upon or affixes to any
material any postage stamp;

(b)knowingly sells or offers or exposes for sale or utters
or uses any postage stamp which has been fraudulently
printed or impressed;

(c)fraudulently mutilates any postage stamp, with intent that
any use may be made of any part of such postage stamp;

(d)fraudulently cuts, tears or in any way removes from any
material any postage stamp, with intent that any use may
be made of such postage stamp or any part thereof;

(e)fraudulently affixes to or places upon any material any
postage stamp or part of a postage stamp which, whether
fraudulently or not, has been cut, torn or in any way
removed from any material or out of or from any other
postage stamp;

(f)fraudulently adds to, erases or otherwise either really or
apparently removes from any postage stamp any name,
sum, date or other matter or thing whatsoever, with intent
that any use may be made of such postage stamp;

(g)wilfully removes or attempts to remove from any postage
stamp any cancelling marks thereon;





(h)knowingly sells or offers or exposes for sale or utters or uses
any postage stamp from which cancelling marks have been
wholly or partially removed;

(i)knowingly sells or offers or exposes for sale or utters any
postage stamp which has been fraudulently removed from any
material;

(j)knowingly, and without lawful excuse, has in his possession
any postage stamp which has been fraudulently printed or
impressed upon or affixed to any material, or any postage
stamp which has been fraudulently mutilated, or any postage
stamp or part of a postage stamp which has been fraudulently
cut, torn or in any way removed from any material, or any
postage stamp to or from which any name, sum, date or other
matter or thing has been fraudulently added, erased or
otherwise either really or apparently removed, or any postage
stamp from which cancelling marks have been wholly or
partially removed,

commits an offence and is liable to imprisonment for 7 years.

(Added, 31 of 1981, s. 65)

32B. (1) If it appears to a magistrate upon the oath of any person
that there is reason to believe that any postage stamps have been stolen
or fraudulently obtained and are on any premises, the magistrate may
issue a warrant authorizing a police officer to enter such premises and to
search the same and any person found thereon and to seize and take
away any such postage stamps found on such premises or such person,
and to arrest any person found on such premises in whose possession
or custody such postage stamps are found; and if any such person does
not satisfactorily account to a magistrate for his possession or custody
of such postage stamps or it appears to the magistrate that such postage
stamps were not lawfully obtained by him such postage stamps shall be
forfeited and delivered up to the Postmaster General.

(2) Where postage stamps are seized under a warrant issued under
subsection (1), the police officer authorized by the warrant shall, if
required, give to any person in whose possession or custody such
postage stamps are found a written acknowledgement of the number,
particulars and value of such postage stamps and permit such postage
stamps to be marked before their removal.

(Added, 31 of 1981, s. 65)

32C. No person shall practise or be concemed in any fraudulent act,
contrivance or device with intent to defraud the Government in respect
of the payment of postage.

(Added, 31 of 1981, s. 65)

32D. (1) No person shall post or tender for posting or send by post,
any bill, invoice or statement of account due (or any document which
could reasonably be considered to be or has the





appearance of a bill, invoice or statement of account due) in respect
of goods or services which have not been ordered or requested by the
addressee, unless the following notice, or a notice to the like effect,
in block letters and Chinese characters appears prominently and
legibly on its face-

'THIS IS NOT A DEMAND FOR PAYMENT
THERE IS NO OBLIGATION TO PAY
THIS IS NOT A BILL

(2) The notice referred to in subsection (1) shall be in writing
that is-

(a) bolder than any other writing on the page; and

(b)not smaller than the largest letter or character, as the case
may be, of any other writing on the page.

(3) Any person who, without reasonable excuse, contravenes
subsection (1) shall be liable to a fine of $100,000 and to imprison-
ment for 3 years.
(Added, 1 of 1987, s. 6)

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;

(e)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 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 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 sufficient to allege such mail
bag or postal packet or thing to be the property of the Postmaster
General without mentioning his name.

36. (1) 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

(e)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.

(2) In any proceedings for an offence under section 27 of this
Ordinance, section 29(4) of the Theft Ordinance shall apply as it is
expressed to apply to proceedings for the theft of anything in the course
of transmission. (Added, 21 of 1970, Second Schedule)

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
section 2(1) 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) 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.

Section Maximum Maximum term of

fine imprisonment

16 $10,000 -
17 $10,000 -
18 $10,000 -
24 $ 2,000 -
26 - 7 years
28 2 years
29 - 2 years
313 $10,000 2 years

(Amended, 21 of 19 70, Second Schedule and 1 of 198 7, s. 7)

(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 Ordin-
ance for which no penalty is otherwise provided shall be liable to a
fine of $500 and to imprisonment for 6 months.

(4) Any offence against this Ordinance may be prosecuted
either summarily or on indictment:

Provided that nothing in this subsection shall empower a
magistrate to impose a longer term of imprisonment than 6 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 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. (Added, 9 of 1941, s. 2)

39. Notwithstanding the provisions of any enactment which
prescribes the time within which proceedings for an offence punish-
able upon a summary conviction may be commenced, any summary
proceedings for an offence under this Ordinance may be commenced
within one year after the offence was committed.
Originally 7 of 1926. (Cap. 98, 1950 Ed.) 33 of 1939. 22 of 1940. 9 of 1941. 52 of 1948. 21 of 1970. 34 of 1971. 81 of 1975. 31 of 1981. 1 of 1987. Short title. Interpretation. 1908 c. 48, s. 89. 1908 c. 48, s. 89. 1908 c. 48, s. 89. [cf. S. 37(2), (3).] 1908 c. 48, s. 89. 1908 c. 48, s. 89. 1908 c. 48, s. 90. Regulations. Rates of postage. Appointment of officers. Exclusive privilege of Postmaster General. 1908 c. 48, ss. 30 & 34(2). Exemption from liability. 1908 c. 48, ss. 13 & 23. Decision of Postmaster General as to classification of postal packets final. 1908 c. 48, s. 19. Discretion as to relative urgency. 1908 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. 1908 c. 48, ss. 17 & 18. Warrant of Chief Secretary for opening and delaying postal packets. Disposal of postal packets opened under section 10, 12 or 13. 1908 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. 1908 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. 1908 c. 48, s. 26. Gratuities to masters of ships for conveyance of postal packets. 1908 c. 48, s. 31. Damages for non-delivery of postal packets or mail bags. Liability for payment of postage, ect. 1908 c. 48, s. 3. 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. 1908 c. 48, s. 44. Postal packets delivered at hotels, etc., and not claimed. Destruction of postal packets, etc. [cf. 1953 c. 36, s. 57. 1968 c. 60 Sch. 2, Pt. I, para. 6.] Diversion of postal packets. 1908 c. 48, ss. 54 & 56. Unlawful retention of postal packets. 1908 c. 48, s. 53. Unlawful opening, etc., of postal packets. 1908 c. 48, ss. 51 & 56. Damaging, etc., letter boxes. 1908 c. 48, ss. 61 & 62. Prohibition of imitation of certain marks, etc. 1908 c. 48, s. 64. Prohibited articles. 1908 c. 48, s. 63. (Cap. 134.) Offences relating to postage stamps. Power of magistrate in relation to stolen postage stamps. Fraudulent practices relating to payment of postage. Bills for unordered goods and services. Offences by officers of the Post Office. 1908 c. 48, s. 58. Obstruction. 1908 c. 48, s. 67. Laying of property. 1908 c. 48, s. 73. Evidence. 1908 c. 48, ss. 8 & 9. 1968 c. 60, Sch. 2, Pt. I, para. 11. (Cap. 210.) Offences. 1908 c. 48, s. 69. Penalties. Limitation of time.

Originally 7 of 1926. (Cap. 98, 1950 Ed.) 33 of 1939. 22 of 1940. 9 of 1941. 52 of 1948. 21 of 1970. 34 of 1971. 81 of 1975. 31 of 1981. 1 of 1987. Short title. Interpretation. 1908 c. 48, s. 89. 1908 c. 48, s. 89. 1908 c. 48, s. 89. [cf. S. 37(2), (3).] 1908 c. 48, s. 89. 1908 c. 48, s. 89. 1908 c. 48, s. 90. Regulations. Rates of postage. Appointment of officers. Exclusive privilege of Postmaster General. 1908 c. 48, ss. 30 & 34(2). Exemption from liability. 1908 c. 48, ss. 13 & 23. Decision of Postmaster General as to classification of postal packets final. 1908 c. 48, s. 19. Discretion as to relative urgency. 1908 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. 1908 c. 48, ss. 17 & 18. Warrant of Chief Secretary for opening and delaying postal packets. Disposal of postal packets opened under section 10, 12 or 13. 1908 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. 1908 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. 1908 c. 48, s. 26. Gratuities to masters of ships for conveyance of postal packets. 1908 c. 48, s. 31. Damages for non-delivery of postal packets or mail bags. Liability for payment of postage, ect. 1908 c. 48, s. 3. 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. 1908 c. 48, s. 44. Postal packets delivered at hotels, etc., and not claimed. Destruction of postal packets, etc. [cf. 1953 c. 36, s. 57. 1968 c. 60 Sch. 2, Pt. I, para. 6.] Diversion of postal packets. 1908 c. 48, ss. 54 & 56. Unlawful retention of postal packets. 1908 c. 48, s. 53. Unlawful opening, etc., of postal packets. 1908 c. 48, ss. 51 & 56. Damaging, etc., letter boxes. 1908 c. 48, ss. 61 & 62. Prohibition of imitation of certain marks, etc. 1908 c. 48, s. 64. Prohibited articles. 1908 c. 48, s. 63. (Cap. 134.) Offences relating to postage stamps. Power of magistrate in relation to stolen postage stamps. Fraudulent practices relating to payment of postage. Bills for unordered goods and services. Offences by officers of the Post Office. 1908 c. 48, s. 58. Obstruction. 1908 c. 48, s. 67. Laying of property. 1908 c. 48, s. 73. Evidence. 1908 c. 48, ss. 8 & 9. 1968 c. 60, Sch. 2, Pt. I, para. 11. (Cap. 210.) Offences. 1908 c. 48, s. 69. Penalties. Limitation of time.

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