POST OFFICE ORDINANCE, 1900
Title
POST OFFICE ORDINANCE, 1900
Description
Ordinance No. 6 of 1900.
An Ordinance to consolidate and amend the Laws relating to the Post Office.
[20th October, 1900.]
Be it 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 Post Office Ordinance, 1900.
2. In this Ordinance, and in any Order-in-Council or regulation
made thereunder, unless the context otherwise requires, --
'Consignees' letter' means any letter forwaded by any vessel on the same voyage as and relating to goods and merchandise on board
of such vessel:
'contract packet' means any vessel for the conveyance of letter
bags and correspondence udner contract:
'correspondence' means any letter, newsappaer, book, pamphlet,
document, parcel, or package, or other aricle whatsoever transmitted
by post, whether in a colosed mail or having been placed loose
letter or other article shall be deemed to be correpondence 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 delvery to the post
office, if not so brought, and in either case shall continue to be
deemed correspondence to the time of its delivery from the post
office; and delivery to or by any person authorized to receive or
general shall be a delivery to or from the post officer:
'letter bag' means any bag, or box, or packet, or parcel, or other
envelope or covering in which correspondence is conveyed, whether
it does or does not contain correspondence:
'master of a vessel' means any person in charge of a vessel, whether
commander, mate, or other person:
'officer of the post office' includes the postmaster general,
the assistant postmaster general, and every postmaster, assistant
postmaster, agent, officer, clerk, letter-carrier, or any other person
employed in any buisiness of the post office, whether employed by
the postmaster general, or by any person under him, or on behalf
of the post office:
'person employed by or under the post office' means any person
employed in any business of the post office according to the interpretation
given to 'officer of the post office':
'postage stamp' means any label or stamp for denoting any rate
of postage, or any envelope, wrapper, card, form, or paper, words,
letters, or marks purporting to authorize the transmission by post of
any correspondence, whether such postage stamp is issued under this
ordinance, or by the postmaster general of the united kingdom,
or by the government of any colony or foreign country:
'the postmaster general' means the postmaster gerneral of the colony:
'post office' means any house, building, room, or place where
correspondence is received or delivered or in which it is sorted, made
up, or despatched:
'vessel' means any ship or other vesel not being a contract
packet. administration.
3(1) there shall be one general post office of the colony where
correspondence may be received from all places and whence correspondence
may be despatched to all places, and the post office at the commencement
of this ordinance shall be such general post office until the
site thereof is changed by the governor.
(2) the governor may establish such district post offices in the
colony as he thinks fit.
4 the postmaster general and all other officers of the post office at
the commencement of this ordinance shall be continued in their offices,
and shall have all the powers and privileges hereby conferred upon the
holders of their respective offices.
5 the governor may from time to time appoint a postmaster
general of the colony, and all necessary assistant postmasters genral,
postmasters, assistant postmasters, agents, clerks, or servants for
conducting the business of the post office, and may remove any officer so
appointed.
management.
6(1) 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
authorized to receive the same all correspondence for transmission by
or through the general post office to places out of the colony.
(2) the 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 trasmitted to any place out of the colony; and no letters, unless
exempt by law, shall be conveyed in the colony otherwise than by the
post or shall be delivered in or transmitted from the colony otherwise
than by or through the general post office.
7(1) all correspondence which, by any act of the imperial parliament,
is excepted from the exclusive privilege of the imperial post
office shall within this colony be exempt from the exclusive privilege
of the postmaster general.
(2) consigness' letters shall be excepted from the exclusive privilege
of the postmaster general, but, if taken to the post office, such con- signees' letters shall be subject to the same rates of postage and general
regulations as apply to other correspondence.
8(1) the postmaster general shall receive all postage payable in
the colony and shall keep accounts of all correspondence received and
despatched by him, with the particulars of the postage thereof, in such
manner and form as the governor may from time to time direct.
(2) the accounts of moneys payable to the imperial postmaster
general shall be kept distinct from the accounts of moneys payable to
the colonial treasury.
(3) the postmaster general shall keep the accounts of moneys payable
to the imperial postmaster gneral in such form, and shall transmit
such moneys in such manner, as the 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 post office of the colony or received therein
from places outside the colony, and may rvoke, alter, or add to any
such order: provided that no such order shall be inconsistent with any
instructions transmitted from the secretary of state for the colonies or
from the imperial postmaster general.
10(1) the governor shall publish every such order-in-council by
proclamation in the gazette; and every such order, when so published, shall have
the same effect as if it had been inserted in this
ordinance.
(2) all such orders-in-council in force at the commencement of this
ordinance are hereby continued in force until duly revoked or altered
by the governor-in-council.
11(1) the governor may, subject to such instructions as aforesaid,
from time to time make, alter, and repeal, in realtion to correspondence
sent by post, such regulations as he thinks fit for regulating times and
modes of posting and delivery, prepayment, late fees, fines on unpaid
correspondence, the registry of correspondence, money orders, the sale
and affixing of postage stamps, the dimensions, weights, and contents of
packets, and other such similar regulations as the governor from time to
time thinks necessary for the better execution of this ordinance.
(2) all such regulations as affect the public shall be published in the
gazette or in th postal guide published by the postmaster genral, and
shall have no effect until so published.
12(1) the governor may, subject to such instructions as aforesaid,
from time to time make, alter, and repeal, in relation to correspondence
sent by post, regulations prohibiting the conveyance or sending by any
correspondance of such articles as he may think fit.
(2) such regulations shall be published in the gazette and shall have
no effec until so published.
13(1) any question whether an article of correspondence is a letter,
or whether any publication is a newspaper or a supplement, or whether
any packet is a bood packet or pattern or sample packet within the meaning
of this ordinance or of any order-in-council or regulations made
thereunder shall be decided by the postmaster general.
(2) the governor may, if he thinks fit, on the application of any
person interested, reverse or modify such decision, and order accordingly.
14 all correspondence which arrives in the colony fully paid, according
to the rates in force for the time being, shall be delivered or
transmitted fro mthe post office without further charge.
15 all letters received or sent by sailors or soldiers of her majesty's
naval or military forces shall be charged with such reduction in the
rates of postage as is allowed to them by any act of the imperial
parliament.
16 the governor may from time to time provided proper postage
stamps and proper dies and other implements for denoting, by adhesive
stamps or otherwise, the rates of postage payable under this ordinace
or any regulation made thereunder.
17 the postmaster general may, if necessary, open and, if possible,
return to the sender-
(1) any correspondence upon which the prepayment of postage is
compulsory, and which cannot be sent unpaid by any other route,
and upon which the proper postage has not been paid; and
(2) any correspondence which is returned to the genral post office
for want of a proper address or from inability to find the person to
whom it is addressed, and which remains unclaimed for 10 days
after being advertised in the gazette.
18 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 in 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; in which
case the postmaster general shall retain the packet until he is paid the
full rate of postage chargable upon such letter or manuscript. 19(1) after any correspondence has been deliered to the post
office, no person employed by or under th post office shall, except in
the cases above mentioned, open the same, or delay its transmission, or
return it to any person, or procure or suffer it to be opened, delayed, or
returned, unless he is authorized by express warrant in writing under the
hand of the governor or the british consul at the port.
(2) the governor, or the british consul at the port, may, in his
discretion, grant any such warrant fro opening or returning any specified
letter or other article of correspondence.
20 notwithstanding anything in this ordinance, any correspondence
tendered for conveyance by post or posted which containes or bears any
facsimile or imitation or any representation of any postage stamp or any
fictitious postage stamp, or any correspondence tendered for conveyance
by post or posted purporting to be prepaid with any postage stamp which
has been used to prepay or appears to have been used to prepay any
other correspondence, may be detained by an officer of the post office
or person employed by or under the post office, and may be returned or
given up to the sender or otherwise dealt with or disposed of in such manner as the
postmaster general may direct.
discipline.
21 the postmaster genral may punish any officer of the post office,
except the asistant postmaster general, for misconduct, or for neglect
or breach of duty, by a fine not exceeding $10, which shall be deducted by
the postmaster general from the pay of such officer.
22 the impostition of every such punishment shall be reported without
delay to the governor, who shall have power, if he thinks fit, to remit
such fine, either wholly or partialy.
23 a record of every such punishment shall be entered in a book for
that purpose, which shall be called the officers' misconduct book.
24 such fines shall be applied to the general good of the officers of
the post office in such manner as may from time to time be directed by
the governor.
despatche and receipt and receipt of mails.
25(1) every master of a vessel shall, immediatly on arrival and
before reporting at the harbour office, deliver to the post office all letter
bags and correspondence on board, except such as are exempt by law.
(2) if such vessel is put in quarantine, the master shall deliver all
such letter bags and correspondence to any person authorized by the
postmaster general to receive them or may deliver them to the health
officer. 26 the postmaster general shall pay to every master of a vessel, not
being a contract packet, a gratuity of 2 cents for every letter and one
cent for every other article of correspondence delivered by him to the
post office: provided that no gratuity shall be payable-
(1) for a second transmission of any correspondence; or
(2) on correspondence delivered to any post office to be thence transmitted
by contract packet; or
(3) on correspondence the gratuity on which is certified by the despatching
office to have been paid; or
(4) unless application is made for payment within 6 months after
the delivery of such correspondence to the post office; or
(5) if there has been unreasonable delay on the part of the master in
delivering the mail to the post office:
provided, also, that the gratuity payable on letters transmitted between
hongkong, canton, and macao, in either direction, shall be one cent only.
27 the postmaster general may pay like gratuities to any master
of a vessel leaving the colony 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.
28(1) the powers of the governor-in-council, as defined and
regulated by sections 9 and 10, shall equally apply to the rates of
gratuity to be paid to masters of vessels for the delivery of mails, either
generally or in particular cases.
(2) 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.
29 every master of a vessel wo receives such gratuities or to whom
such gratuities have been credited in the accounts of the postmaster
general shall be held to have made a contract with the postmaster
deliver all letter bags and correspondence received from the post office
to the persons to whom the same are addressed immediately on his
arrival in port, without wilful or avoidable delay, and that, if he fails
in any respect to perfrom his said contract, he will pay to the postmaster
general the sum of $500 as liquidated damages for the
breach of his said contract.
30(1) every person or firm proposing to despatch a vessel to any
port or place out of this colony, excepting vessels plying daily or on
fixed days to macao or to places on the canton river, shall, so soon as
he or it 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 genral any alteration
in the day or hour of departure of the said vessel, and the postmaster
general shall, on receiving such intimation, give notice to the public of
the day and hour for closing the mails, if any are to be mde up for
transmission by such vessel.
(2) every alteration of the hour of departure of any vessel 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 the person
despatching such vessel.
31(1) the postmaster general, or any officer of the post office
authorized by him, may attend on board any vesel, and may receive all
fully prepaid correspondence which is brought on board up to the time
of departure to be transmitted by such vessel.
(2) 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 mails, and to leave the vessel on her departure.
(3) if here is no officer of the post office in attendance on board
any vessel, the master of such vessel may receive all correspondence
which is brought on board to him fully prepaid by the postage stamps
of the colony; and shall deliver the same at the post office on arrival
at his destination.
32(1) the master of every vessel shall receive on board all mail
bags and correspondence tendered to him by the postmaster general for
transmission and shall sign a receipt for the same.
(2) the owner or agent of any vesel who refuses to allow any mail
to be put on board of or transmitted by such vessel shall be deemed
guilty of an offence against this ordinance.
offences.
33(1) the following shall be deemed offences against this ordinance:-
(a) any infringement of the exclusive privilege of the postmaster
general;
(b) refusal, neglect, or omission to do any act commanded by this
ordinance;
(c) refusal to permit or obstruction of any such act;
(d) the doing of any act forbiddent by this ordinance; and
(e) any infraction or infringement of any regulations made by the
governor under section 12.
(2) for every offence against this ordinance for which no specific
penalty is provided the offender shall, on summary conviction before
a magistrate, be liable to a penalty not exceeding $500 and, in default of payment thereof, to imprisonment, with or without
hard larbour, for any term not exceeding 6 months.
34(1) the following acts shall be deemed misdemeanors:-
(a) opening, or suffering or procuring to be opened, or detaining or
delaying, or procuring or suffering to be detained or delayed, any
correspondence without lawful authority or excuese;
(b) wilfully delivering any correspondence to any person other than
the person to whom the same ought to be delviered;
(c) fraudulently obtaining from any person employed by or under
the post office, or fradulently detaining, or wilfully secreting,
keeping, or detaining, any letter bag, or any correspondence
which ought to have been delvered to any person; and
(d) fraudulently removing any postage stamp from any correspondenc,
or wilfully removing from any postage stamp any mark
that has been made thereon at any post office, or knowingly
using or putting off any postage stamp from which any which
mark has been removed, or making, knowingly uttering, dealing
in, selling, or knowingly using for any postal purpose, or having
in posession without lawful excuse, any fictitious postage stamp,
or making or having in possession without lawful excuse any die,
plate, instrument, or materials for making any such fictitius
postage stamp. any such stamp, die, plate, instrument, or
materials found in the possession of any person in contravention
of this section may be seized an shall be forfeited.
(2) every person who is convicted of any misdemeanor mentioned in
this section shall be liable, at the discretion of the court, to imprisonment,
with or without hard labour, for any term not exceeding 2 years.
35(1) every person, not being employed by or under the
post office, who wilfully and maliciously, with intent to injure any
other person, either opens or causes to be opened any letter which ought
to have have delivered to such other person, or does any act or thing
whereby the due delivery of such letter to such other person is prevented
or impeded, shall be guilty of a misdemanor, and shall, on
summary conviction before a magistrate, be liable to a penalty not exceeding
$500 or to imprisonment, with or without hard labour, for any term not
exceeding 6 months.
(2) nothing in this section shall apply to a person who does any act
to which this section applies where he is parent or in the position of a
parent or guardian of the person to whom the letter is addressed.
(3) a prosecution shall not be instituted in pursuance of this section
except by direction of the postmaster general. (4) the expression 'letter,' as used in this section, means any letter,
newspaper, book, pamphlet, document, parcel, package, or other article
whatsoever which has been delivered by post.
36(1) the following acts shall be deemed felonies:-
(a) stealing, embezzling, secreting, or destroying any cooespondence
by a person employed by or udner the post office;
(b) stealing from or out of any correspondence any chattel, money,
or valuable security;
(c) stealing or unlawfully taking away a letter bag, or stealing or
unlawfully taking any correspondence from or out of a letter bag,
or unlawfully opening a letter bag;
(d) stealing any correspondence from a letter bog, or from a post office,
or from an officer of the post office;
(e) forging, altering or imitating, or assisting in forging, altering,
or imitating, any postage stamp issued under this ordinance;
and
(f) using, offering, uttering, disposing of, or putting off any forged,
altered, or imitated postage stamp as aforesaid, knowing the same
to be forged, altered, or imitated.
(2) every person who is convicted of any felony mentioned in this
section shall be liable, at the discretion of the court, to imprisonment,
with or without hard labour, for any term not exceeding 7 years.
37 the sections of the larceny ordinance, 1865, relating to receiving
stolen goods, that is to say, sections 79 and 81 to 87, 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 presetn ordinance.
38 in any proceedings against any person for any offence committed
against this ordinance in respect of any letter bag or correspondence, it
shall be sufficient to allege such letter bag or correspondence to be the
property of the postmaster genral 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 emloyed
by or underthe post office, without stating further the nature or particulars of his
employment.
39 any pecuniary penalty for an offence against this ordinance
may be recovered in a summary way before a magistrate, but proceedings
for the recovery of such penalty shall be commenced
within one year after the offence was committed. Deficient Postage.
40. (1) in any case where either no postage or insufficient postage
on correspondence has been paid by the sender, double such postage or
double the deficiency in such postage shall be paid by the person to whom
the correspondence is addressed on the delivery thereof to him; but if
the correspondence is refused, or the person to whom it is addressed is
dead or cannot be found, the write or sender shall pay double such
postage or double the deficiency of postage.
(2) any sum of money payable under the provisions of this section
may be recoverd at the suit of the Postmaster General.
A.D. 1900.
Ordinance No. 24 of 1900.
Short title.
Interpretation of terms. 7 Will. 4 & 1 Vict.c. 36 s. 47. Ib. Ib. Ib. 47 & 48 Vict.c. 76 s. 19. General Post Office and District Post Offices. Continuance in office of existing officers/ Appointment of officers in future. Creation of exclusive privilege of Postmaster General to receive and deliver correspondence. 7 Will. 4 & 1 Vict.c. 33 s. 2. Letters excepted from exclusive privilege. See ib. Receipt of postage and keeping of accounts of correspondence. Fixing of rates of postage. Order-in-Council to be published by proclamation. Making of regulations. Regulations as to prohibited articles. Decision by Postmaster General as to what constitutes letter, newspaper, etc. Paid correspondence to be dealt with without further charge. Sailors' and soldiers' letters. Provision of postage stamps, dies, etc. Correspondence which may be opened. Mode of dealing with packet sent to Post Office by mistake. Warrant for opening, delaying, or returning correspondence. 7 Will. 4 & 1 Vict.c. 36 s. 25. Power to detain, etc., correspondence bearing fictitious stamp, etc. Power of Postmaster General to fine officer. Reporting of fine to Governor. Keeping of record of fines. Application of fines. Delivery of mails. Gratuities to masters of vessels inwards. Gratuities to masters of vessels outwards. Rates of gratuity. Damages for non-delivery of mail. Obligation no person proposing to despatch vessel to give notice to Postmaster General. Making up mails on board. Refusal to receive or carry mails. Enumeration of offences against the Ordinance. Enumeration of misdemeanors. 7 Will. 4 & 1 Vict.c. 36 s. 25. Ib.s.31. 47 & 48 Vict.c. 76 s. 7. Punishment for opening or delaying letter. Enumeration of felonies. 7 Will. 4 & 1 Vict.c. 36 s. 26. Ib.s.27. Ib.s.29. Ib.s.28. Receiving stolen correspondence. No. 5 of 1865. Allegations to be used in proceedings for offence Ib.s.40. Recovery of pecuniary penalty, and limitation of time. Liability for unpaid or insufficient postage.
An Ordinance to consolidate and amend the Laws relating to the Post Office.
[20th October, 1900.]
Be it 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 Post Office Ordinance, 1900.
2. In this Ordinance, and in any Order-in-Council or regulation
made thereunder, unless the context otherwise requires, --
'Consignees' letter' means any letter forwaded by any vessel on the same voyage as and relating to goods and merchandise on board
of such vessel:
'contract packet' means any vessel for the conveyance of letter
bags and correspondence udner contract:
'correspondence' means any letter, newsappaer, book, pamphlet,
document, parcel, or package, or other aricle whatsoever transmitted
by post, whether in a colosed mail or having been placed loose
letter or other article shall be deemed to be correpondence 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 delvery to the post
office, if not so brought, and in either case shall continue to be
deemed correspondence to the time of its delivery from the post
office; and delivery to or by any person authorized to receive or
general shall be a delivery to or from the post officer:
'letter bag' means any bag, or box, or packet, or parcel, or other
envelope or covering in which correspondence is conveyed, whether
it does or does not contain correspondence:
'master of a vessel' means any person in charge of a vessel, whether
commander, mate, or other person:
'officer of the post office' includes the postmaster general,
the assistant postmaster general, and every postmaster, assistant
postmaster, agent, officer, clerk, letter-carrier, or any other person
employed in any buisiness of the post office, whether employed by
the postmaster general, or by any person under him, or on behalf
of the post office:
'person employed by or under the post office' means any person
employed in any business of the post office according to the interpretation
given to 'officer of the post office':
'postage stamp' means any label or stamp for denoting any rate
of postage, or any envelope, wrapper, card, form, or paper, words,
letters, or marks purporting to authorize the transmission by post of
any correspondence, whether such postage stamp is issued under this
ordinance, or by the postmaster general of the united kingdom,
or by the government of any colony or foreign country:
'the postmaster general' means the postmaster gerneral of the colony:
'post office' means any house, building, room, or place where
correspondence is received or delivered or in which it is sorted, made
up, or despatched:
'vessel' means any ship or other vesel not being a contract
packet. administration.
3(1) there shall be one general post office of the colony where
correspondence may be received from all places and whence correspondence
may be despatched to all places, and the post office at the commencement
of this ordinance shall be such general post office until the
site thereof is changed by the governor.
(2) the governor may establish such district post offices in the
colony as he thinks fit.
4 the postmaster general and all other officers of the post office at
the commencement of this ordinance shall be continued in their offices,
and shall have all the powers and privileges hereby conferred upon the
holders of their respective offices.
5 the governor may from time to time appoint a postmaster
general of the colony, and all necessary assistant postmasters genral,
postmasters, assistant postmasters, agents, clerks, or servants for
conducting the business of the post office, and may remove any officer so
appointed.
management.
6(1) 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
authorized to receive the same all correspondence for transmission by
or through the general post office to places out of the colony.
(2) the 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 trasmitted to any place out of the colony; and no letters, unless
exempt by law, shall be conveyed in the colony otherwise than by the
post or shall be delivered in or transmitted from the colony otherwise
than by or through the general post office.
7(1) all correspondence which, by any act of the imperial parliament,
is excepted from the exclusive privilege of the imperial post
office shall within this colony be exempt from the exclusive privilege
of the postmaster general.
(2) consigness' letters shall be excepted from the exclusive privilege
of the postmaster general, but, if taken to the post office, such con- signees' letters shall be subject to the same rates of postage and general
regulations as apply to other correspondence.
8(1) the postmaster general shall receive all postage payable in
the colony and shall keep accounts of all correspondence received and
despatched by him, with the particulars of the postage thereof, in such
manner and form as the governor may from time to time direct.
(2) the accounts of moneys payable to the imperial postmaster
general shall be kept distinct from the accounts of moneys payable to
the colonial treasury.
(3) the postmaster general shall keep the accounts of moneys payable
to the imperial postmaster gneral in such form, and shall transmit
such moneys in such manner, as the 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 post office of the colony or received therein
from places outside the colony, and may rvoke, alter, or add to any
such order: provided that no such order shall be inconsistent with any
instructions transmitted from the secretary of state for the colonies or
from the imperial postmaster general.
10(1) the governor shall publish every such order-in-council by
proclamation in the gazette; and every such order, when so published, shall have
the same effect as if it had been inserted in this
ordinance.
(2) all such orders-in-council in force at the commencement of this
ordinance are hereby continued in force until duly revoked or altered
by the governor-in-council.
11(1) the governor may, subject to such instructions as aforesaid,
from time to time make, alter, and repeal, in realtion to correspondence
sent by post, such regulations as he thinks fit for regulating times and
modes of posting and delivery, prepayment, late fees, fines on unpaid
correspondence, the registry of correspondence, money orders, the sale
and affixing of postage stamps, the dimensions, weights, and contents of
packets, and other such similar regulations as the governor from time to
time thinks necessary for the better execution of this ordinance.
(2) all such regulations as affect the public shall be published in the
gazette or in th postal guide published by the postmaster genral, and
shall have no effect until so published.
12(1) the governor may, subject to such instructions as aforesaid,
from time to time make, alter, and repeal, in relation to correspondence
sent by post, regulations prohibiting the conveyance or sending by any
correspondance of such articles as he may think fit.
(2) such regulations shall be published in the gazette and shall have
no effec until so published.
13(1) any question whether an article of correspondence is a letter,
or whether any publication is a newspaper or a supplement, or whether
any packet is a bood packet or pattern or sample packet within the meaning
of this ordinance or of any order-in-council or regulations made
thereunder shall be decided by the postmaster general.
(2) the governor may, if he thinks fit, on the application of any
person interested, reverse or modify such decision, and order accordingly.
14 all correspondence which arrives in the colony fully paid, according
to the rates in force for the time being, shall be delivered or
transmitted fro mthe post office without further charge.
15 all letters received or sent by sailors or soldiers of her majesty's
naval or military forces shall be charged with such reduction in the
rates of postage as is allowed to them by any act of the imperial
parliament.
16 the governor may from time to time provided proper postage
stamps and proper dies and other implements for denoting, by adhesive
stamps or otherwise, the rates of postage payable under this ordinace
or any regulation made thereunder.
17 the postmaster general may, if necessary, open and, if possible,
return to the sender-
(1) any correspondence upon which the prepayment of postage is
compulsory, and which cannot be sent unpaid by any other route,
and upon which the proper postage has not been paid; and
(2) any correspondence which is returned to the genral post office
for want of a proper address or from inability to find the person to
whom it is addressed, and which remains unclaimed for 10 days
after being advertised in the gazette.
18 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 in 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; in which
case the postmaster general shall retain the packet until he is paid the
full rate of postage chargable upon such letter or manuscript. 19(1) after any correspondence has been deliered to the post
office, no person employed by or under th post office shall, except in
the cases above mentioned, open the same, or delay its transmission, or
return it to any person, or procure or suffer it to be opened, delayed, or
returned, unless he is authorized by express warrant in writing under the
hand of the governor or the british consul at the port.
(2) the governor, or the british consul at the port, may, in his
discretion, grant any such warrant fro opening or returning any specified
letter or other article of correspondence.
20 notwithstanding anything in this ordinance, any correspondence
tendered for conveyance by post or posted which containes or bears any
facsimile or imitation or any representation of any postage stamp or any
fictitious postage stamp, or any correspondence tendered for conveyance
by post or posted purporting to be prepaid with any postage stamp which
has been used to prepay or appears to have been used to prepay any
other correspondence, may be detained by an officer of the post office
or person employed by or under the post office, and may be returned or
given up to the sender or otherwise dealt with or disposed of in such manner as the
postmaster general may direct.
discipline.
21 the postmaster genral may punish any officer of the post office,
except the asistant postmaster general, for misconduct, or for neglect
or breach of duty, by a fine not exceeding $10, which shall be deducted by
the postmaster general from the pay of such officer.
22 the impostition of every such punishment shall be reported without
delay to the governor, who shall have power, if he thinks fit, to remit
such fine, either wholly or partialy.
23 a record of every such punishment shall be entered in a book for
that purpose, which shall be called the officers' misconduct book.
24 such fines shall be applied to the general good of the officers of
the post office in such manner as may from time to time be directed by
the governor.
despatche and receipt and receipt of mails.
25(1) every master of a vessel shall, immediatly on arrival and
before reporting at the harbour office, deliver to the post office all letter
bags and correspondence on board, except such as are exempt by law.
(2) if such vessel is put in quarantine, the master shall deliver all
such letter bags and correspondence to any person authorized by the
postmaster general to receive them or may deliver them to the health
officer. 26 the postmaster general shall pay to every master of a vessel, not
being a contract packet, a gratuity of 2 cents for every letter and one
cent for every other article of correspondence delivered by him to the
post office: provided that no gratuity shall be payable-
(1) for a second transmission of any correspondence; or
(2) on correspondence delivered to any post office to be thence transmitted
by contract packet; or
(3) on correspondence the gratuity on which is certified by the despatching
office to have been paid; or
(4) unless application is made for payment within 6 months after
the delivery of such correspondence to the post office; or
(5) if there has been unreasonable delay on the part of the master in
delivering the mail to the post office:
provided, also, that the gratuity payable on letters transmitted between
hongkong, canton, and macao, in either direction, shall be one cent only.
27 the postmaster general may pay like gratuities to any master
of a vessel leaving the colony 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.
28(1) the powers of the governor-in-council, as defined and
regulated by sections 9 and 10, shall equally apply to the rates of
gratuity to be paid to masters of vessels for the delivery of mails, either
generally or in particular cases.
(2) 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.
29 every master of a vessel wo receives such gratuities or to whom
such gratuities have been credited in the accounts of the postmaster
general shall be held to have made a contract with the postmaster
deliver all letter bags and correspondence received from the post office
to the persons to whom the same are addressed immediately on his
arrival in port, without wilful or avoidable delay, and that, if he fails
in any respect to perfrom his said contract, he will pay to the postmaster
general the sum of $500 as liquidated damages for the
breach of his said contract.
30(1) every person or firm proposing to despatch a vessel to any
port or place out of this colony, excepting vessels plying daily or on
fixed days to macao or to places on the canton river, shall, so soon as
he or it 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 genral any alteration
in the day or hour of departure of the said vessel, and the postmaster
general shall, on receiving such intimation, give notice to the public of
the day and hour for closing the mails, if any are to be mde up for
transmission by such vessel.
(2) every alteration of the hour of departure of any vessel 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 the person
despatching such vessel.
31(1) the postmaster general, or any officer of the post office
authorized by him, may attend on board any vesel, and may receive all
fully prepaid correspondence which is brought on board up to the time
of departure to be transmitted by such vessel.
(2) 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 mails, and to leave the vessel on her departure.
(3) if here is no officer of the post office in attendance on board
any vessel, the master of such vessel may receive all correspondence
which is brought on board to him fully prepaid by the postage stamps
of the colony; and shall deliver the same at the post office on arrival
at his destination.
32(1) the master of every vessel shall receive on board all mail
bags and correspondence tendered to him by the postmaster general for
transmission and shall sign a receipt for the same.
(2) the owner or agent of any vesel who refuses to allow any mail
to be put on board of or transmitted by such vessel shall be deemed
guilty of an offence against this ordinance.
offences.
33(1) the following shall be deemed offences against this ordinance:-
(a) any infringement of the exclusive privilege of the postmaster
general;
(b) refusal, neglect, or omission to do any act commanded by this
ordinance;
(c) refusal to permit or obstruction of any such act;
(d) the doing of any act forbiddent by this ordinance; and
(e) any infraction or infringement of any regulations made by the
governor under section 12.
(2) for every offence against this ordinance for which no specific
penalty is provided the offender shall, on summary conviction before
a magistrate, be liable to a penalty not exceeding $500 and, in default of payment thereof, to imprisonment, with or without
hard larbour, for any term not exceeding 6 months.
34(1) the following acts shall be deemed misdemeanors:-
(a) opening, or suffering or procuring to be opened, or detaining or
delaying, or procuring or suffering to be detained or delayed, any
correspondence without lawful authority or excuese;
(b) wilfully delivering any correspondence to any person other than
the person to whom the same ought to be delviered;
(c) fraudulently obtaining from any person employed by or under
the post office, or fradulently detaining, or wilfully secreting,
keeping, or detaining, any letter bag, or any correspondence
which ought to have been delvered to any person; and
(d) fraudulently removing any postage stamp from any correspondenc,
or wilfully removing from any postage stamp any mark
that has been made thereon at any post office, or knowingly
using or putting off any postage stamp from which any which
mark has been removed, or making, knowingly uttering, dealing
in, selling, or knowingly using for any postal purpose, or having
in posession without lawful excuse, any fictitious postage stamp,
or making or having in possession without lawful excuse any die,
plate, instrument, or materials for making any such fictitius
postage stamp. any such stamp, die, plate, instrument, or
materials found in the possession of any person in contravention
of this section may be seized an shall be forfeited.
(2) every person who is convicted of any misdemeanor mentioned in
this section shall be liable, at the discretion of the court, to imprisonment,
with or without hard labour, for any term not exceeding 2 years.
35(1) every person, not being employed by or under the
post office, who wilfully and maliciously, with intent to injure any
other person, either opens or causes to be opened any letter which ought
to have have delivered to such other person, or does any act or thing
whereby the due delivery of such letter to such other person is prevented
or impeded, shall be guilty of a misdemanor, and shall, on
summary conviction before a magistrate, be liable to a penalty not exceeding
$500 or to imprisonment, with or without hard labour, for any term not
exceeding 6 months.
(2) nothing in this section shall apply to a person who does any act
to which this section applies where he is parent or in the position of a
parent or guardian of the person to whom the letter is addressed.
(3) a prosecution shall not be instituted in pursuance of this section
except by direction of the postmaster general. (4) the expression 'letter,' as used in this section, means any letter,
newspaper, book, pamphlet, document, parcel, package, or other article
whatsoever which has been delivered by post.
36(1) the following acts shall be deemed felonies:-
(a) stealing, embezzling, secreting, or destroying any cooespondence
by a person employed by or udner the post office;
(b) stealing from or out of any correspondence any chattel, money,
or valuable security;
(c) stealing or unlawfully taking away a letter bag, or stealing or
unlawfully taking any correspondence from or out of a letter bag,
or unlawfully opening a letter bag;
(d) stealing any correspondence from a letter bog, or from a post office,
or from an officer of the post office;
(e) forging, altering or imitating, or assisting in forging, altering,
or imitating, any postage stamp issued under this ordinance;
and
(f) using, offering, uttering, disposing of, or putting off any forged,
altered, or imitated postage stamp as aforesaid, knowing the same
to be forged, altered, or imitated.
(2) every person who is convicted of any felony mentioned in this
section shall be liable, at the discretion of the court, to imprisonment,
with or without hard labour, for any term not exceeding 7 years.
37 the sections of the larceny ordinance, 1865, relating to receiving
stolen goods, that is to say, sections 79 and 81 to 87, 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 presetn ordinance.
38 in any proceedings against any person for any offence committed
against this ordinance in respect of any letter bag or correspondence, it
shall be sufficient to allege such letter bag or correspondence to be the
property of the postmaster genral 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 emloyed
by or underthe post office, without stating further the nature or particulars of his
employment.
39 any pecuniary penalty for an offence against this ordinance
may be recovered in a summary way before a magistrate, but proceedings
for the recovery of such penalty shall be commenced
within one year after the offence was committed. Deficient Postage.
40. (1) in any case where either no postage or insufficient postage
on correspondence has been paid by the sender, double such postage or
double the deficiency in such postage shall be paid by the person to whom
the correspondence is addressed on the delivery thereof to him; but if
the correspondence is refused, or the person to whom it is addressed is
dead or cannot be found, the write or sender shall pay double such
postage or double the deficiency of postage.
(2) any sum of money payable under the provisions of this section
may be recoverd at the suit of the Postmaster General.
A.D. 1900.
Ordinance No. 24 of 1900.
Short title.
Interpretation of terms. 7 Will. 4 & 1 Vict.c. 36 s. 47. Ib. Ib. Ib. 47 & 48 Vict.c. 76 s. 19. General Post Office and District Post Offices. Continuance in office of existing officers/ Appointment of officers in future. Creation of exclusive privilege of Postmaster General to receive and deliver correspondence. 7 Will. 4 & 1 Vict.c. 33 s. 2. Letters excepted from exclusive privilege. See ib. Receipt of postage and keeping of accounts of correspondence. Fixing of rates of postage. Order-in-Council to be published by proclamation. Making of regulations. Regulations as to prohibited articles. Decision by Postmaster General as to what constitutes letter, newspaper, etc. Paid correspondence to be dealt with without further charge. Sailors' and soldiers' letters. Provision of postage stamps, dies, etc. Correspondence which may be opened. Mode of dealing with packet sent to Post Office by mistake. Warrant for opening, delaying, or returning correspondence. 7 Will. 4 & 1 Vict.c. 36 s. 25. Power to detain, etc., correspondence bearing fictitious stamp, etc. Power of Postmaster General to fine officer. Reporting of fine to Governor. Keeping of record of fines. Application of fines. Delivery of mails. Gratuities to masters of vessels inwards. Gratuities to masters of vessels outwards. Rates of gratuity. Damages for non-delivery of mail. Obligation no person proposing to despatch vessel to give notice to Postmaster General. Making up mails on board. Refusal to receive or carry mails. Enumeration of offences against the Ordinance. Enumeration of misdemeanors. 7 Will. 4 & 1 Vict.c. 36 s. 25. Ib.s.31. 47 & 48 Vict.c. 76 s. 7. Punishment for opening or delaying letter. Enumeration of felonies. 7 Will. 4 & 1 Vict.c. 36 s. 26. Ib.s.27. Ib.s.29. Ib.s.28. Receiving stolen correspondence. No. 5 of 1865. Allegations to be used in proceedings for offence Ib.s.40. Recovery of pecuniary penalty, and limitation of time. Liability for unpaid or insufficient postage.
Abstract
A.D. 1900.
Ordinance No. 24 of 1900.
Short title.
Interpretation of terms. 7 Will. 4 & 1 Vict.c. 36 s. 47. Ib. Ib. Ib. 47 & 48 Vict.c. 76 s. 19. General Post Office and District Post Offices. Continuance in office of existing officers/ Appointment of officers in future. Creation of exclusive privilege of Postmaster General to receive and deliver correspondence. 7 Will. 4 & 1 Vict.c. 33 s. 2. Letters excepted from exclusive privilege. See ib. Receipt of postage and keeping of accounts of correspondence. Fixing of rates of postage. Order-in-Council to be published by proclamation. Making of regulations. Regulations as to prohibited articles. Decision by Postmaster General as to what constitutes letter, newspaper, etc. Paid correspondence to be dealt with without further charge. Sailors' and soldiers' letters. Provision of postage stamps, dies, etc. Correspondence which may be opened. Mode of dealing with packet sent to Post Office by mistake. Warrant for opening, delaying, or returning correspondence. 7 Will. 4 & 1 Vict.c. 36 s. 25. Power to detain, etc., correspondence bearing fictitious stamp, etc. Power of Postmaster General to fine officer. Reporting of fine to Governor. Keeping of record of fines. Application of fines. Delivery of mails. Gratuities to masters of vessels inwards. Gratuities to masters of vessels outwards. Rates of gratuity. Damages for non-delivery of mail. Obligation no person proposing to despatch vessel to give notice to Postmaster General. Making up mails on board. Refusal to receive or carry mails. Enumeration of offences against the Ordinance. Enumeration of misdemeanors. 7 Will. 4 & 1 Vict.c. 36 s. 25. Ib.s.31. 47 & 48 Vict.c. 76 s. 7. Punishment for opening or delaying letter. Enumeration of felonies. 7 Will. 4 & 1 Vict.c. 36 s. 26. Ib.s.27. Ib.s.29. Ib.s.28. Receiving stolen correspondence. No. 5 of 1865. Allegations to be used in proceedings for offence Ib.s.40. Recovery of pecuniary penalty, and limitation of time. Liability for unpaid or insufficient postage.
Ordinance No. 24 of 1900.
Short title.
Interpretation of terms. 7 Will. 4 & 1 Vict.c. 36 s. 47. Ib. Ib. Ib. 47 & 48 Vict.c. 76 s. 19. General Post Office and District Post Offices. Continuance in office of existing officers/ Appointment of officers in future. Creation of exclusive privilege of Postmaster General to receive and deliver correspondence. 7 Will. 4 & 1 Vict.c. 33 s. 2. Letters excepted from exclusive privilege. See ib. Receipt of postage and keeping of accounts of correspondence. Fixing of rates of postage. Order-in-Council to be published by proclamation. Making of regulations. Regulations as to prohibited articles. Decision by Postmaster General as to what constitutes letter, newspaper, etc. Paid correspondence to be dealt with without further charge. Sailors' and soldiers' letters. Provision of postage stamps, dies, etc. Correspondence which may be opened. Mode of dealing with packet sent to Post Office by mistake. Warrant for opening, delaying, or returning correspondence. 7 Will. 4 & 1 Vict.c. 36 s. 25. Power to detain, etc., correspondence bearing fictitious stamp, etc. Power of Postmaster General to fine officer. Reporting of fine to Governor. Keeping of record of fines. Application of fines. Delivery of mails. Gratuities to masters of vessels inwards. Gratuities to masters of vessels outwards. Rates of gratuity. Damages for non-delivery of mail. Obligation no person proposing to despatch vessel to give notice to Postmaster General. Making up mails on board. Refusal to receive or carry mails. Enumeration of offences against the Ordinance. Enumeration of misdemeanors. 7 Will. 4 & 1 Vict.c. 36 s. 25. Ib.s.31. 47 & 48 Vict.c. 76 s. 7. Punishment for opening or delaying letter. Enumeration of felonies. 7 Will. 4 & 1 Vict.c. 36 s. 26. Ib.s.27. Ib.s.29. Ib.s.28. Receiving stolen correspondence. No. 5 of 1865. Allegations to be used in proceedings for offence Ib.s.40. Recovery of pecuniary penalty, and limitation of time. Liability for unpaid or insufficient postage.
Identifier
https://oelawhk.lib.hku.hk/items/show/731
Edition
1901
Volume
v2
Subsequent Cap No.
98
Cap / Ordinance No.
No. 6 of 1900
Number of Pages
11
Files
Collection
Historical Laws of Hong Kong Online
Citation
“POST OFFICE ORDINANCE, 1900,” Historical Laws of Hong Kong Online, accessed November 17, 2024, https://oelawhk.lib.hku.hk/items/show/731.
