1957-HKRS28-8-24_Part01 — Page 33

Provided that---

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(2) no proceedings shall lie under this subsection in respect of any postal packet registered before the commencement of this Ordinance ;

(b) the amount recoverable in any proceedings under this subsection shall not exceed the market value of the packet in question (excluding the market value of any message or information which it bears) at the time when the cause of action arises;

(c) the amount recoverable in any such proceedings shall not in any event exceed the maximum amount which, under the Post Office Regulations, is available for compensating the persons aggrieved having regard to the fee paid in respect of the registration of the packet; and

(d) the Crown shall not be liable under this subsection in respect of any packet unless such conditions as are prescribed by the Post Office Regulations in relation to registered inland postal packets have been complied with in relation to that packet.

For the purposes of any proceedings under this subsection it shall be presumed, until the contrary is shown on behalf of the Crown, that the loss of or damage to the packet was due to some wrongful act done, or some neglect or default committed, by a person employed as a servant or agent of the Crown while per- forming or purporting to perform his functions as such in relation to the receipt, carriage, delivery or other dealing with the packet.

(3) No relief shall be available under subsection (2) except upon a claim by the sender or the addressee of the packet in question; and the sender or addressee of the packet shall be entitled to claim any relief available under the said subsection in respect of the packet, whether or not he is the person damnified by the injury complained of, and to give a good discharge in respect of all claims in respect of the packet under the said sub- section:

Provided that where the court is satisfied, upon an application by any person who is not the sender or addressee of the packet, that the sender and the addressee are unable or unwilling to en- force their remedies in respect of the packet under the said sub- section, the court may, upon such terms as to security for costs

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and otherwise as the court thinks just, allow that other person to bring proceedings under the said subsection in the name of the sender or the addressee of the packet.

Any reference in this subsection to the sender or addressee of the packet includes a reference to his personal representative.

(4) Where by virtue of subsection (3) any person recovers any money or property which, apart from that subsection, would have been recoverable by some other person, the money or property so recovered shall be held on trust for that person.

(5) Post Office Regulations may be made for prescribing the conditions to be observed for the purposes of this section in relation to registered inland posial packets.

(6) In this section-

"postal packer" bas, subject as hereinafter provided, the same

meaning as in the Post Office Ordinance;

"Post Office Regulations" has the same meaning as in the Post

Office Ordinance;

"inland postal packet" means a postal packet which is posted in Hong Kong for delivery in Hong Kong to the person to whom it is addressed;

"sender'', in relation to a postal packet, has such meaning as may

be assigned to it by Post Office Regulations,

(7) Any reference in this section to a postal packet shall be construed as including a reference to the contents of such a packet.

(Cap. 99).

the armed

8. (1) Nothing done or omitted to be done by a member Provisiona of the armed forces of the Crown while on duty as such shall relating to subject either him or the Crown to liability in tort for causing forces. the death of another person, or for causing personal injury to another person, in so far as the death or personal injury is due to anything suffered by that other person while he is a member of the armed forces of the Crown if-

(a) at the time when that thing is suffered by that other person, he is either on duty as a member of the armed forces of the Crown or is, though not on duty as such, on any land, premises, ship, aircraft or vehicle for the time being used for the purposes of the armed forces of the Crown; and