POST OFFICE ORDINANCE, 1884

POST OFFICE ORDINANCE, 1884

Interpretation.

O-RDIN.~NXE loo:- 12,:;oir.-' .-18-84.

Post 0~'tce.

v Wo. 12~of 1884.

An OrdinancQ entitled The Post Office Ordinance, 1884.

[2.3rd April, 1884.]

E it enacted by the Governor of Hongkong, with the advice of the
Legislative
Council.thexeaf, as .follows :-

,,1. In this Ordinance,. and in. any Order in Council or regulation, made
thereunder,
unless the content indicates the contrary, the following expressions
shall have the
meanings set against them respectively, that is to say:--

r

.Ppstrraa8ter General shah: mean .the Postmaster General of the Colony.

C- orres

pondence shall mean any letter, newspaper, book, pamphlet, document,
parcel,
or package,,or other article whatsoever transmitted by post, whether in a
closed mail
car having been placed loose on board, any contract packet or .vessel for
transmission;
and.a letter or other article she fl be deemed to be correspondence from,
the .time of
,its arrival within the limits of the colony, if brought to the Colony by
post,. or from
the time of its delivery to the Post Office if not so brought, and in'
either case.shall
continue to be deemed correspondence to the timd`of its delivery from the
Post Office.;
and delivery to or by any persain authorized to receive or deliver letter
bags or corres-
pondence on behalf of the Postmaster Generate shall- be a deliv=ery to or
from the
Post Office. '

' Postage Stamp s~all mean any label or stamp for denoting any rate.of
postage.

Letter .bag shall mean any bag, or bon, or packet, or parcel, or other
envelope or
covering in which correspondence is conveyed, whether it does or does not
contain
correspondence.

Post Office shall mean any house, building, room, or place where
correspondence
is received er delivered, or in which it is sorted, made up, or
despatched.

r
Officer of the' Port Office shall mean the Postmaster General, and every
Postmaster,
''Assistant Postmaster, Agent, officer, clerk, letter carrier, or any
other person
employed in any business of the Post Office, whether employed by the
Postmaster
4eneral, ,or-by any ,person under him, orcon behalf`of the Post Office.

Persons employed by or under the Post.~fflce shall mean every person
emplayed.an
any business of the Post Office according to the interpretation. given
to. Officer of -the
Post Office.

C'on0ac-t `FaElset--shall mean any, vessel -for the-conveyance of letter
bags and cox.
:respoudenas nndev

co-atract.

Faster of a Vessel shall mean any person in charge of a vessel, whether
commander,

mate, or other person.

Vessel shall mean any- ship.-or other vessel -not, being a.caulract
packet.
.'fast (ae.

2; There shall be one General Post Office of the .Colony where
corresp~,tldence General Post.
Office.
,-may be received from all places, and whence correspondence may be
despatched. to all
places, and the Post Office at the time of the passing of this Ordinance
shaU be such
General Post Office until the site thereof is changed by OeoGovernor.
The Governor may, establish such District Post Offices in the Colony as he
tl3inks fit.

Management.

3. The Postmaster General, :and. all .other officers of. the Post Office
at the time

: of the passing of this Ordinance shall be aontinuad in their offices,
and s4ll have.all

. the powers and privileges hereby conferred upon the holders of their
respective offices. office,.

¢, The Governor may from time to time appoint a Postmaster General of the
Appointment
of officers in
Colony, and all necessary :A.ssistant Postmasters General, Postmasters,
agents, clerks, future.
or -servants for conducting the business of the Post Office, and
may,.remove any officers -

Postmaster
General and
officers con-
tinued in their

so appointed..

5.' No person appointed after the passing of this Ordinance shall be
capable of lx.,<aaa:nt.;ano.
bolding the office of Postmaster General, or Assistant Postmaster
General, or Post-
.master; or Agent, unless he shall hake. first made and subscribed
'before a Justice of
the Peace,- or one of Her -Britannic Majesty's Consuls; the declaration
contained. in
the; schedule .d hereto . annexed; and no : ,parson appointed after. the
passing of this
Ordinance .shall-be: :capable .of being.a clerk;: servant, or officer:
of. the, Post. Office,
:,unless he shall ..have ;first made, and subscribed in like manner the
declaration contained

x in- the schedule B hereto- annexed.

8. The Postmaster General shall, by himself or his deputies; have the
entire
charge of the General Post Office and of all postal matters within the
Colony, with
sole power, within the Colony, of receiving from all persons authorized
to deliver the
same all letter bags and correspondence arriving in the Colony; and with
sole power,
within the Colony, of collecting, receiving; and delivering to all
persons aRithorized to
receive the same all correspoildence for tTansmission by oar throughT the
General
'Post Office to places out of the Colony. 11
The said Postmaster General shall also, have the exclusive privilege,
within the
Colony, of performing all the incidental services of receiving,
collecting; despatching
and delivering all correspondence arriving from, or transmitted to any
place out of ~the
Colony;, =and- no letters; unless,'exempt by law; shall be delivered in,
or transmitted
from the Colony otherwise than by or through the General Post Office.

7. All correspondence which, ,by any Act of ~'t~ee Imperial Parliament,
is excepted
from the exclusive privilege of the Imperial Post Office, shall within
this Colony be
-%gcepted from the exclusive privilege of the Postmaster General of the
Colony.

$; The ~Postmaste>r General shall receive. all postage payable in the
Colony- and
shall keep accounts of all correspondence received and despatched by
Nina; .With the

~artieulars of the postage thereof, in such manner and form as -the
Governor,may, from

Postmaster
General solely
-d to
receive and de-
liver all corre-
spondence.

letters excepted
under Acts of
Imperial Parlia-
ment.

Receipt of
postage, and
accounts.
Governor in
council may
ft rates of
postage.

Orders to be
published by
proclamation.

The Postmaster
(aonoral may
make regale-
dons,

ORDINANCE No. 12 of 1884.

Post Office.

time to time, direct; Provided that the accounts of movies payable to the
imperial
Postmaster General be kept distinct from the accounts of movies payable
to the
Colonial Treasury.
The Postmaster GenE-ratshall keep the accounts of movies payable to the
Imperial
Postmaster General in such form and shall transmit such movies in such
manner as
the said Imperial Postmaster General may, from time to time, direct. '

9. The Governor in Council may, from time to time by order determine the
rates
of postage'to be charged upon all correspondence sent by post from the
General I'ost
Office of the Colony, or received therein from places outside the
Colony,, and map
revoke, alter, or add to any such order, provided that no such order be
inconsistent
with any postal Treaty applicable to this Colony. .Repealed by Ordinance
No. 11 of 1885,
and new words substituted.

10. The Governor shall publish every such order by proclamation in the
Gazette;
and every order, when so published, shall have the sane effect as if it
had been inserted
in this Ordinance. All such Orders in Council in force at the time of
passing o£ this

Ordinance are hereby continued in gorse until duly revo~-ed or altered by
the Governor
in Council.

11. The Postyrbaster General may, subject to Atcla Treaty amended by
Ordinance No.
rl of 1885,E as aforesaid, from time to time, make, ^ alter, and repeal,
in relation to
correspondence sent by post, such regulations as he thinks fit far
regulating times and
modes of posting and delivery,,prepayment, late fees, fines on unpaid
correspondence,
tb Q registry of correspondence, money orders, the sale and affixing of
postage stamps,
the dimensions, weight, and contents of packets, and other such similar
regulations as
the Postmaster General from tine to time thinks amended by Ordinance No.
11 of 1885

necessary for the better execution of this Ordinance.

All sash regulations as affect the public shall be [approved by the
Governor in Council
and: repealed by Ordinance No. 11 of 1885,E published in the Gazette, or
in the Postal
Guide published by the Postmaster General, and shall have no effect until
so published.

12. If -a questio% arises whether any article Or correspondence is a
letter, 'or
whether any publication is a newspaper or a supplement, or whether any
packet is a
book packet or pattern or sample packet, within the meaning of this
Ordinance, or of
any, order in Council, or regulations made thereunder, the decision
thereonof the
Postmaster General shall be fiu:vl, provided that the Governor may, if he
thinks fit, 4n
the application of any person interested, reverse or modify such
decision, and order
accordingly.

a~eetsias to
newsp pers,~
packets, &o.

13:- All correspondencewhich arrives in this Colony fully paid according
to the
rates in force for the time being shall be delivered or transmitted from
the Post Office

raid correspond.
ence to be
delivered or
transmitted

~t~hoet further without further charge.
'Charge.

Seamen's and . 14L. All letters received or sent by sailors or soldiers of
Her Majesty's sea or land
soldiers'. letters.
forces shall be charged .with'such reduction in the rates of postage as
is allowed to

them by any Act of the Imperial Parliament.
ORDINANCE No. 12 ce 1884.

1797

post 0fte.

sender:-

15. The Governor .may, from time to time, provide proper postage stamps
and Dies, &o. for
postage stamps.
proper dies and other implements for denoting, by adhesive stamps or
otherwise, the.
rates of postage payable under this Ordinance, or any regulation
thereunder.

18. The Postmaster General may if necessary open ohcrif possible return
to the Opemiing letter.

1.) Any correspondence upon which the prepayment of postage is
compulsory, Unpaid letters.
and which cannot be sent~unpaid by any other route,. and upon which
the proper postage has not been paid.

2.) Any correspondence which is returned to the General Post Office for
Dead letters..
want of a proper address, or from inability to find the personsto whom
it is,addressed, and which remains unclaimed for ten days after being
advertised in the Gazotte.

17. When any packet is delivered to the Post Office and has thereby become
liable to postage, and evidence is adduced to the satisfaction of the
Postmaster General
that such packet has been delivered to the Post Office by mistake, the
Postmaster
General may cause such packet to be opened in the'presence of an officer
of the Post
Office, and may return the same without charge to the person interested;
unless such
packet is found to contain any letter or manuscript liable to postage; ;n
which case the
Postmaster General shall retain the packet until he is fhid the full rate
of postage
chargeable upon such letter or mhnuscript.

18. After any correspondence has been delivered to the Post Office, no
person
employed by or under the Post Office shall, except in the cases above
mentioned, open
the same, or return the same to any person, or procure or suffer the same
to be opened
or returned, unless he is authorised by express warrant in writing under
the band of
1

the Governor, or the British Consul at the port.
The Governor, or the British Consul at the port, may, at his discretion,
grant
such warrants for opening or returning any specified letter or other
article of
w

correspondence.

w
Despatch and receipt of snails.

Postage may
be remitted on
knot
ng
letters if sent
in mistake.

Warrants for
opening or
returning
correspondence.

. , 19. Every master of a vessel, shall, immediately on arrival, and
before reporting I,elivery of mails.
at the Harbour Office, deliver to the.Post Office all letter bags and
correspondence on
board, except such as are exempt by -law, and shall make the declaration
contained in
the schedule C hereto annexed before ail officer bf the Post Office.

20. The Postmaster General shall pay to every master of a vessel, not
being at Gratuities to
masters of vesselb
contract packet, a gratuity of two cents for every later, alqd one cent
for every other inwards.
article of correspondence delivered by him to the Post Office; Provided
always that
,no gratuity shall be payable,--'
(1.) For a second transmission of any'correspondence ;

( 2.) On correspondence delivered to anymPost Office to be thence
transmitted
by contract packet;
ORDINANCE No. IT, °oF `-188.

Post -0fl'!ce.

(3.) On correspondenew the gratuity on which is certified. by. the,
despa,tehning

office to have~been paid.,

(4.) The gratuity payable. on such letters transmitted between Hongkong,
Canton, and' Macao; in either direction, shall be one cent only.

Gratuities to 21. The Postmaster General may pay like gratuities to any,
master of a vessel
mastaws,ofYeasela.
outwards. leaving Hongkong on every article of correspondence delivered to
such master from the
Post Office, or certified by the Post. Office of destination to have been
duly received

from him.

Hates or 22-. Tie powers of the Governor in Council as defined and
regulated by sections 9
gratuity.
and 10 of this Ordinance, shall equally apply to the rates of gratuity to
be paid to
ship masters for the delivery of mails, either generally or in particular
cases: Provided
always, that the gratuities fixed by any, order in Council under this
section shall not
be-less on the average than-the sums otherwise required by this Ordinance
to be paid. .
Damages, for 23. Every master o£ a vessel, who receives such. gratuities
or to . whom such.,
uon~delivery of
ngrs,.tuities have been credited in the accounts o£ the Pqstmaster
General: shall be held.v
to have made a contract with the Postmaster General that, in
consideration of the-t.~
gratuities, so paid, die will duly deliver all .letter bays and
correspondence received from:
the Poet Office unto the person% to whom the same are addressed
immediately on his..,.
arrival in port, without wilful or avoidable delay after lLis arrival,
and that if he fail, in:a
any respect, to perform his said contract ~ he will pay to the.
Postmaster .General the
sum of fir e,hundred dollars as liquidated damages forthe breach of his
said,contract.,

Persons pro. 2¢,' Every person or firm proposing. to despatch a vessel to
any port or ~ place out
posing to
despatch vessels
t0 give notice tU of this Colony, excepting vessels plyipg daily or on
fixed days to Macao or to places on
master the Canon diver, shall, so soon as lie has arranged the time for
the departure of such
vessel; give the first intimation of such proposed departure to the
Postmaster General,
and shall, in like manner, intimate to the Postmaster General any
alteration in the day
or hour of c'feparture of the said vessel, and the Postmaster General
shall, on receiving-
such intimati,3n,give no-kice to the public of the day arid hour for
closing the mails, if
any are to be made up by such vessel.

Any person or firm failing to give such intimation to the Postmaster
General shall,
for every-such offence, on ~conriction thereof, be,liable to a penalty
not exceeding five-'

liundred -dollars.

Every- alteration of the hour of departure of any vgssel plying daily or
on fixed
days to Macao or to places on the Canton River, shall, in like manner, be
intimated to
the-Postmaster General by t%e persAn despatching such vessel, who shall,
for any
default,: be-liable on conviction thereof to a penalty -not exceeding one
hundred dollars:.
25. The Postmaster General, or any officer of the Post Office authorised
by him,'
may attend on board any .vessel, after the time for closing the wail by
such vessel, and
may receive all fully prepaid correspozwience which is brought on board
up to the time
of departure to be transmitted by such vessel.

Making up mails
on board.
ORDINANTCE No. 12- -pF 'i 884-.

POSt OfflfiE.

The master of every such vessel shall give- all proper facilities to such
officer of
the Post Office to enable him to discharge his duties and to make up such
late mails,
and to leave the vessel on her departure, and any master of a vessel
failing to give any,
such facilities shall be liable, on conviction thereof, to a ?penalty not
exceeding five
hundred dollars.

If there be no officer of the Post Once in -attendance on board any
vessel, the
master of such vessel may receive all correspondence which is brought on
board to him
prepaid by stanups ; and shall deliver the same at the Post Office on
arrival at his
destination.

0fences.

26. Every master of a vessel which is not a contract packet, who commits
any ofpenalt.eg on
masters of
the following offences, shall, on conviction thereof, be liable to a
penalty no~ exceeding 'vessels.
five hundred dollars, that is to say :-- ,,

Refusal to take a letter bag delivered or tend.ered^to him by an officer
of the Post
Office for conveyance.

Refusal to sign a receipt for a lefiter bag delivered to him by
an.,offcer of the P oat
Once for conveyance.' ~'

Neglect wiahoiitt reasonably excuse to deliver all correspondence to the
Post O.Ifice
on his arrival in the Colony.

Refusal or wilful neglect to make, or making any untrue statement in the
declara-
tion hereby required of his having delivered his letters to the Post
Office. .

Refusal or wilful~uaglect, if in quarantine, to deliver all
correspondence in his
. , possession to the person appointed to receive it.

27. Every person employed' by or under the Post Office who steals,
embezzles
secretes, or destroys any correspondence shall be guilty of felony.

Every person who steals from or ant of ;any correspondence any
-chatluel,, money or
valuable security, shall be guilty of felony.

Every person who steals or unlawfully takes away a letter bag, or steals
or unlaw-
fully takes any correspondence from°or out of 3 letter bag, or unlawfully
opens a letter
fag, shall be guilty, of felony. .

Every person who steals any correspondence from a letter bag, or from a
Post
Office, or from an officer of the Post Office shall bq guilty of felony.

Every person who forges, alters, or imitates; or assists in forging,
altering, or

;imitating, any postage stamp issued under this Ordinance, shall be
guilty of felony.

Every parson who uses, offers, utters, disp2>ses of, or puts off any
forged, altered,
or imitated postage stamp as aforesaid, knowing the same to be forged,
altered, or
imitated, shall be guilty of felony. '.

, Stealing letter

bags, forging
stamps and other
felonies.
Snepeadhig.

ORDINANCE No. 12 *OF I884.

Every person who is convicted of any felony mentioned in this section
shall be
liable, at the discretion of the Court, to be kept in penal servitude for
any term not
exceeding seven years, and. not less than three years, or to be
imprisoned for any term
not exceeding two years with qr without hard labour.

Opening corre- . 28. Every person employed by or under the Post Office,
who, without lawful
spondence and
othermisde- authority or excuse, opens, or suffers or procures to be
opened any correspondence; or
meanora
who, without lawful authority or excuse, detains or delays, or procures
or suffers tope
detained or delayed any correspondence; or who wilfully delivers any
correspondence
to any person other than the person to whom the same ought to be
delivered, shall be
guilty of'a-misdemeanor.

Every person who fraudulently obtains from any person employed by or
under the'
Post Office, or fraudulently detains, or wilfully secretes, keeps, or
detains, any letter bag,
or any correspondence which ought to have- been delivered to any other
person, shall
be guilty of a misdemeanor.

Every person who fraudulently removes any postage stamp from any
correspondence,
or wilfully removes from any postage stamp and mark that has been made
thereon at
any Post Office, or knowingly uses or puts off any postage stamp from
which any such
w mark has been remtoved, shall be guilty of a misdemeanor.

Every person who is convicted of any misdemeanor mentioned' in this
section shall
.° be liable, at the discretion of the Court, to be imprisoned for any
term not exceeding
. two years with or without hard labour.

Receiving 28, The sectidhs of the larceny Ordinance (No. 7 of 1865)
relating to receiving
stolen corre-
qp-dence.
stolen goods, that is to say, sections 75 to 82 both inclusive, shall
apply to felonies and
misdemeanors committed under this 'Ordinance; and for that purpose, the
expression
this Ordinance, when used in the said sections, shall be taken to include
the present
Ordinance.
AUegations to.
30. In- any proceedings against any person for any offence committed
beUsed in against this
Pr ~r°r Ordinance, -ii! respect Qf auy letter bag. or correspondence, it
shall be sufficient to
_ ' allege such letter bag or correspondence to be the property of the
Postmaster General
without mentioning his name, and in any such proceedings against any
person employed
by or under the Post Office, it shall be sufficient to allege that such
person was employed
by or under the Post Office, without stating further the nature or
particulars of his
employment.

Penalties may 31. All pecuniary penalties for offences against this
Ordinance may be recovered
be recovered in summary way in a summary way before a Magistrate, but
proceedings for the recovery of such penal-

>vishin one year.

ties shall be commenced within one year after the.offence was committed.

32. Ordinance No. 10 of 1876 is hereby repealed, but such repeal-shall
not affect
anything lawfully done or commenced to be done thereunder.

33. This Ordinances shall take effect on a day'to be proclaimed by the
Governor.
.4naended Regulations as to Postal Notes 30t1a January, 1885, see Gazette
31st o, f the same month.

Order of the `the Ilth March,, 1885, as to Adhesive and Impressed Stamps
8fc.
see. Gazette 14th of the same month.
.Regulations as to .Money Orders of the 25th March, 1885, see Gazette
a
28th of the same inonth.
Order as to Rates of ,Postage 24th $eptember,1885, see Gazette 26th of
the some month.
1794
Title.
Interpretation.
1795
General Post Office.
Postmaster General and officers continued in their offices.
Appointment of officers in future.
Declarations.
Postmaster General solely authorized to receive and deliver all correspondence.
Letters excepted under Acts of Imperial Parliament.
Receipt of postage, and accounts.
1796
Governor in Council may fix rates of postage.
Orders to be published by proclamation.
The Postmaster General may make regulations.
Decision as to newspapers, packets, &c.
Paid correspondence to be delivered or transmitted without further charge.
Seamen's and soldiers' letters.
1797
Dies, &, for postage stamps.
Opening letters.
Unpaid letters.
Dead letters.
Postage may be remitted on packets not containing letters if sent in mistake.
Warrants for opening or returning correspondence.
Delivery of mails.
Gratuities to masters of vessels inwards.
1798
Gratuities to masters of vessels outwards.
Rates of gratuity.
Damages for non-delivery of mail.
Persons proposing to despatch vessels to give notice to the Postmaster General.
Making up mails on board.
1799
Penalties on masters of vessels.
Stealing letter bag, forging stamps and other felonies.
1800
Opening correspondence and other misdemeanors.
Receiving stolen correspondence.
Allegations to be used in proceedings for offences.
Penalties may be recovered in a summary way within one year.
Repeal.
Suspending clause.

1794
Title.
Interpretation.
1795
General Post Office.
Postmaster General and officers continued in their offices.
Appointment of officers in future.
Declarations.
Postmaster General solely authorized to receive and deliver all correspondence.
Letters excepted under Acts of Imperial Parliament.
Receipt of postage, and accounts.
1796
Governor in Council may fix rates of postage.
Orders to be published by proclamation.
The Postmaster General may make regulations.
Decision as to newspapers, packets, &c.
Paid correspondence to be delivered or transmitted without further charge.
Seamen's and soldiers' letters.
1797
Dies, &, for postage stamps.
Opening letters.
Unpaid letters.
Dead letters.
Postage may be remitted on packets not containing letters if sent in mistake.
Warrants for opening or returning correspondence.
Delivery of mails.
Gratuities to masters of vessels inwards.
1798
Gratuities to masters of vessels outwards.
Rates of gratuity.
Damages for non-delivery of mail.
Persons proposing to despatch vessels to give notice to the Postmaster General.
Making up mails on board.
1799
Penalties on masters of vessels.
Stealing letter bag, forging stamps and other felonies.
1800
Opening correspondence and other misdemeanors.
Receiving stolen correspondence.
Allegations to be used in proceedings for offences.
Penalties may be recovered in a summary way within one year.
Repeal.
Suspending clause.

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No. 12 of 1884

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