TELEGRAPHIC MESSAGES ORDINANCE, 1894

TELEGRAPHIC MESSAGES ORDINANCE, 1894

ORDINANCE No. 3 OF 1894.

Telegraphic Messages

AN ORDINANCE to secure in certain cases the Rights of
Property in Telegraphic Messages and to prevent the
Forgery and improper Disclosure of Telegrams.
[20th May,1901.]
WHEREAS it is expedient to secure,in certain cases,the rights
of property in telegraphic messages and to prevent the forgery
and improper disclosure of telegrams:
BE it therefore enacted by the Governor of Hongkong ,with the advice
and consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Telegraphic Messages Ordinance,
1894.
2.Whenever any message,transmitted by telegraph from any place
outside of this Colony,is received by any person,association,or com-
pany in this Colony,for the purpose of publication in any newspaper,
or,by printed circular or otherwise,to any limited number of persons
members of or subscribers to any such association or company,no
person,whether a member of a subscriber to such association or
company or not,shall ,without the consent in writing of such person,
association,or company by whom such message has been received,
print or publish in any newspaper,or in any letter or circular or
other printed or written communication,such telegraphic message,or
the substance thereof,or any extract therefrom,until after the expiration
of a period of thirty-six hours from the time of the first publication of
such message by the person,association,or company receiving the
same:Provided always that such protected period shall not extend
beyond forty-eight hours from the time of the first receipt in the
Colony of such message:Provided ,also,that the publication of any
similar message lawfully received in like manner by any other person,
association,or company ,by such other person,association,or company
shall not be deemed or taken to be a publication of such first-mentioned
message within this Ordinance.
3.Every person who prints or publishes or causes to be printed or
published any matter contrary to the privisions of this Oridnance shall,
on conviction before a Magistrate,be liable to a penalty not exceeding
one hundred dollars for the first offence and to a penalty not exceeding
one hundred and fifty dollars for the second and every sunsequent
offence,and in either case in default of payment he shall be liable to
imprisonment,without hard labour,not exceeding the scale provided in
that behalf by the Magistrates Oridnance,1890.
4.Every telegraphic message in respecy of which the protection of
this Ordinance is claimed shall be published with the heading 'By
Telegraph,' and the name of the person,association,or company claim-
ing such protection,and shall state the date and hour of its receipt in
the Colony and of its publication,and such statement shall be prima
facie evidence of the times of the receipt and publication of such
message.
5.In any prosecution under this Ordinance the production of any
document which purports to be a telegraphic message duly and regularly
issued by any telegraph office in this Colony on its customary form
shall be prima facie evidence that the message contained therein was
received in this Colony by telegraph,from the place therein mentioned
to the address of the person,association,or company therein named,
and was duly delivered in this Colony to such person,association,or
company.
6.-(1.)Every person who-
(a.)forges,or wilfully and without due authority alters,a tele-
gram;or
(b.)utters a telegram,knowing the same to be forged or wilfully
and without due authority altered;or
(c.)transmits by telegraph as a telegram ,or utters as a telegram,
any message or communication which he knows to be not a
telegram,
shall,whether he had or had not an intent to defraud,be guilty og a
misdemeanor and be liable ,on summary conviction,to a penalty
not exceeding fifty dollars,and,on conviction on indictment in the
Supreme Court,to imprisonment,with or without hard labour,for any
term not exceeding twelve months.
(2.)If any person,being in the employment of a telegraph company
as defined by this section,improperly divulges to any person the
purport of any telegram,he shall be guilty of a misdemeanor and be
liable,on summary conviction,to a penalty not exceeding one hundred
dollars,and,on conviction on indictment in the Supreme Court,to a
fine not exceeding one thousand dollars or to imprisonment,with ot
without hard labour,for any term not exceeding twelve months.
(3.)For the purposes of this section-
(a.)the expression 'telegram' means a written or printed
message or communication sent ot or delivered at a post office, or the office of a telegraph company, for transmission
by telegraph, or delivered by the post office or a telegraph com-
pany as a message or communication transmitted by telegraph
and
(b.)the expression 'telegraph company' means any company,
corporation,or persons carrying on the business of sending
telegrams for the public,under whatsoever authority or in what-
ever manner such company,corporation,or persons may act or
be constituted.
A.D. 1894. Ordinance No. 14 of 1894. Short title. Protection of certain telegrams from publication within certain periods. Penalty on person printing, etc., matter contrary to the Ordinance. No. 3 of 1890. Heading of protected telegram, etc. Evidence. Forgery and improper disclosure of telegrams. 47 & 48 Vict.c. 76 s.11.

A.D. 1894. Ordinance No. 14 of 1894. Short title. Protection of certain telegrams from publication within certain periods. Penalty on person printing, etc., matter contrary to the Ordinance. No. 3 of 1890. Heading of protected telegram, etc. Evidence. Forgery and improper disclosure of telegrams. 47 & 48 Vict.c. 76 s.11.

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