27
stations and
manner of
working.
Provisions as
to secrecy.
Registers of messages to be kept.
Accounts.
Power to inspect apparatus,
Licence and other
documents to
be carried.
Licence not to be assigned.
Power to take possession of or control apparatus upon
emergency.
by licensed such certificated operators as are required by the International Radiotelegraph Regulations according to the class of the ship station hereby
licensed
19. The licensee shall not divulge to any person (other than properly authorised officials of His Majesty's Government or a competent legal tribunal) or make any use whatever of any message coming to the knowledge of the licensee and not intended for receipt by means of the licensed appar- atus. The licensee shall exhibit at the ship station hereby licensed a copy of section 11 of the Post Office (Protection) Act, 1884, and any contravention of that section by any person in the employment of the licensee shall be deemed to be a breach of the provisions of this licence entitling the Postmaster General under clause 26 hereof to revoke and determine this licence.
20. The licensee shall keep full accounts, records and registers of all messages transmitted by means of the licensed apparatus, and in such registers each of such messages shall be accompanied by its identifying number and date and full particulars of its place of origin and of ultimate destination and such further particulars as the Postmaster General shall from time to time reasonably require to be shown, messages on His Majesty's service being in such registers distinguished from other messages. The licensee shall preserve all used message forms written and printed and transcripts of messages and all other papers for a period of at least fifteen months counting from the month following that in which the radiotelegrams were handed in as prescribed by the Radiotelegraph Convention and such registers and message papers shall be open to the inspection of the Postmaster General or his officers thereto authorised at the office of the licensee in Hong Kong or at such other place as may be agreed between the hours of 10 a.m. and 5 p.m. on every day except Sundays or general or public holidays.
21. The licensee shall render to the Postmaster General such accounts as the Governor shall direct in respect of all charges, if any, due or payable under the Radiotelegraph Convention in respect of messages exchanged be- ween the ship station hereby licensed and coast stations and shall pay to the Postmaster General at such times and in such manner as he shall direct all sums which shall be due from the licensee under such accounts.
22. The Postmaster General and any agent authorised in that behalf in writing by him may at all reasonable times enter upon the ship station hereby licensed for the purpose of inspecting, and may inspect, any apparatus fixed or being in such station for the purpose of sending and receiving messages by wireless telegraphy and all other telegraphic instruments and apparatus fixed or being in such station and the working and user of such apparatus and telegraphic instruments.
23. The licensee shall carry on the said ship a print or copy of this licence certified under the hand of the Postmaster General to be a true copy, and shall produce such print or copy for inspection if required to do so by the competent authorities of the countries where the ship calls. The licensee shall also carry on the said ship such documents as may be prescribed by the Postmaster General for the purpose of enabling the licensee to communicate with coast stations and ship stations in accordance with the Radiotelegraph Convention.
24. Except with the consent in writing of the Postmaster General, the licensee shall not assign, underlet or otherwise dispose of, or admit any other person or body to participate in the benefit of the licences, powers or authorities hereby granted or any of such licences, powers or authorities.
25.-(1) If and whenever an emergency shall have arisen in which it is expedient for the public service that His Majesty's Government shall have control over the transmissions of messages by the licensed apparatus, it shall be lawful for any naval, military, customs or police officer or any other person authorised by the Admiralty to take possession of the licensed apparatus or
any part thereof in the name and on behalf of His Majesty and to use the same for His Majesty's service, and in that event any such officer or person so authorised may enter upon any ship on which any such apparatus is installed and take possession of the said apparatus and use the same as aforesaid and subject to such use may use the same or allow it to be used for such ordinary services as may in his discretion seem fit to him or may prohibit and take steps to prevent the use of the same and issue directions which shall be obeyed by the licensee to prevent such use.
(2) Any such officer or person so authorised may in such event as afore- said instead of taking possession of the licensed apparatus as aforesaid direct and authorise such persons as he may think fit to assume the control of the transmission of messages by the licensed apparatus either wholly or partly and in such manner as he may direct, and such persons may enter upon any ship on which any apparatus is installed accordingly or the said officer or person so authorised may direct the licensee to submit to him or any person authorised by him all messages tendered for transmission or arriving by the licensed apparatus or any class or classes of such messages, to stop or delay the trans- mission of any messages or deliver the same to him or his agent and generally to obey all such directions with reference to the transmission of messages as the said officer or person so authorised may prescribe, and the licensee shall obey and conform to all such directions.
(3) The licensee shall be entitled to reasonable compensation for any damage to the licensed apparatus arising in consequence of the exercise of the powers conferred by this clause.
26. In any of the following cases (that is to say)
(a) In case any sum of money which ought to be paid by the licensee to the Postmaster General under or by virtue of these presents shall be in arrear and unpaid for one calendar month after the time at which the same ought to be paid under or by virtue of the provisions herein contained; or
(b) In cases of any breach, non-observance or non-performance by or on the part of the licensee of any of the provisions (other than a provision for the payment of money) or conditions herein contained;
then and in any such case the Postmaster General may by notice in writing revoke and determine these presents and the licences, powers and authorities hereinbefore granted and each and every of them, and thereupon these presents and the said licences, powers and authorities and each and every of them shall absolutely cease, determine and become void but without pre- judice to any right of action or remedy which shall have accrued or shall thereafter accrue to the Postmaster General or the Government of Hong Kong under any condition or provision herein contained.
27. Nothing in these presents contained shall prejudice or affect the right of the Governor or Government of Hong Kong from time to time to establish, extend, maintain and work any system or systems of telegraphic communica- tion (whether of a like nature to that hereby licensed or otherwise) in such manner as he shall in his discretion think fit, neither shall anything herein contained prejudice or affect the right of the Governor from time to time to enter into agreements for or to grant licences relative to the working and user of telegraphs (whether of a like nature to those hereby licensed or otherwise) or the transmission of messages in any part of the Colony by means of wireless telegraphy or by any other means with or to any person or persons whomsoever upon such terms as he shall in his discretion think fit. And (save as in this licence expressly provided) nothing herein contained shall be deemed to authorise the licensee to exercise any of the powers or authorities conferred on or acquired by the Governor or any other person by or under any Imperial or local enactment or by or under any agreement relating to the transmission of messages by ordinary land and submarine telegraphy.
Provisions for deter- mination of licence in certain
events.
Licence not Governor's rights.
20 affect
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