CO129-335 - Governor Nathan - 1906 [8-10] — Page 194

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

The Company may decline to forward any Telegram although it has been receirad for transmissión, bat in that case the Company shall, on request, refund is Sender the amount paid for the transition and delivery of such Telegram.

If any Telegram shall fail to reach its destination by reason of any neglect or default of the Company or its Servants, which shall have happened while s Telegram remained under the control of the Company, and such failure shall not have been caused by "fores majeurs," or by other sircumstances which the Com could not reasonably have controlled, then the Company will refund to the Sender of such Telegram the amount paid for its transmission and delivery, less ail me paid or payable by the Company, in respect of such transmission or delivery, to any other Administration or Authority (whether telegraphic or otherwise and wh working in connection with the Company or not), which shall not be exclusively controlled by the Company.

The Company shall not be liable to refund any part of the amount paid for the transmission or delive a Telegram in any car in which the non-transm or non-delivery thereof has been caused by "force majeure," or by other circumstances which the Company uld not have controlled, wa "her there shall or shai, have been neglect or default on the part of the Company or its Servants while the Telegram was under its a patrol.

The Company shall not nor shall any other Telegraphic Administration or Authority be liable in any case "atever to make any compens-tion or payment beyond -delivery of any Teleg amount any to be refunded as above mentioned, for any loss, injury, or damage, arising or resulting from the non-transmission or z or for xuy delay, error, or omission, in the transmission of delivery thereof, from whatever cause such non-transmission, non-delivery, delay, error, or omimion a have occurred.

For the purposes of these conditions the control of the Company over each Telegram shall be deemed to have entirely ceased when, in the course of transmission of the Telegram to its destination, it shall have been entrusted by the Company for farther transmission by Telegraph or by Post, or otherwise, to a Administration or Authority not exclusively controlled by the Company, and in case of further transmission by any line, system, or services of Telegraphs, whether? same shall or shall not be worked as part of or in connection with the telegraphic system or service of the Company, and the Company shall have full powe entrast any Telegram for further transmission to any other Administration or Authority, subject to any sonditions prescribed by them.

23613.

Hong Kong Sony 33/618.

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Mr. Stuth afr

Mr. Collins

Mr. Antrobus

Mr. Cox.

Mr. Lucas.

Mr. Graham.

Sir M. Ommanney.

Mr. Churchill.

The Earl of Elgin.

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