58 Compensation
INSURED LETTERS, BOXES AND PARCELS
General conditions governing payment of compensation. The Post Office pays to the sender compensation for the loss or damage of an insured packet (letter, box or parcel) or its contents, if it is established that the loss or damage has occurred while the packet was in the custody of the Hong Kong Post Office.
On the transfer of an insured packet to another postal administration, the responsibility of the Hong Kong Post Office ceases. Compensation is not paid in respect of an insured packet which is lost or damaged after transfer to another postal administration unless that administration decides that compensation shall be paid.
Compensation will not exceed the market value of the article lost or the amount of the damage sustained, and will not in any case exceed the amount for which the letter, box or parcel was insured. Indirect loss or loss of profits will not be taken into consideration.
In any application for damage or loss of contents, the packet should be retained for inspection as nearly as possible in the condition in which it was delivered.
The sender of a parcel may waive his claim in favour of the addressee.
The Post Office is under no legal liability to pay compensation in respect of any packet for which an insurance fee has been paid.
Cases in which compensation is not payable. Under international regulations, no compensation will be paid in respect of:-
Any packet containing a prohibited article;
Any packet which has been duly delivered and accepted without reserve;
Any damage or loss caused by the fault or negligence of the sender, such as failure to provide adequate packing, having regard to the nature of the contents; Any damage to an exceptionally fragile article which from its nature cannot reason- ably be expected to travel safely by post, such as a clay figure, a soapstone or alabaster model, a collection of butterflies or moths, a vacuum flask and so on; Any packet fraudulently insured for a sum greater than the actual value of the contents;
Any packet confiscated under the internal legislation of the country to which it is addressed;
Any parcel containing jewellery exceeding $1,600 in value not packed in accordance with the special regulations;
Any parcel containing an article of a type specified as one for which compensation will not be paid; or
Any packet for which an application is not made within a year of the date of posting.
Compensation may be refused in a case where the damage or loss is due to a cause beyond control, or where a packet cannot be accounted for in consequence of the loss of official documents from any such cause. Compensation will not be paid for any loss or damage due to the act of the Queen's enemies.
UNINSURED PARCELS
The Post Office pays compensation for the loss or damage in the Hong Kong service of an uninsured parcel, unless there is an indication in Section II of this Guide under the heading of the country concerned that the service by which the parcel is sent, is one in which no compensation is payable.
An application for compensation must be supported by a certificate of posting.
The maximum compensation which is paid varies according to the parcel post agree- ments in force between the Hong Kong Post Office and the Postal Administrations of individual countries.
On the transfer of an uninsured parcel to another postal administration, the responsi- bility of the Hong Kong Post Office ceases. Compensation is not paid in respect of an uninsured parcel which is lost or damaged after transfer to another postal adminis- tration unless that administration decides that compensation shall be paid.
In no circumstances is compensation paid for an uninsured parcel whatever the country of its origin or destination, which has been lost or has sustained damage or loss of contents through a cause beyond control.
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