THE HONGKONG GOVERNMENT GAZETTE, 26TH MAY, 1888.
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pensation to an amount not exceeding 20s. for the loss and damage of Parcels sent by Parcel Post to the United Kingdom or the following British Colonies or Dependencies:---
Ascension, Barbados,
British Guiana,
Grenada, St. Lucia. St. Vincent, Trinidad
2
British Honduras, Cyprus,
The compensation given in case of damage will be in proportion to that which would have been given had the Parcel been lost-see Rule 7 below.
No legal liability to give compensation in respect of any Parcel will attach to the Postmaster General, either personally or in his official capacity. Accordingly the decision of the Governor as to all questions of compensation will be final.
Subject to these conditions the following Rules will regulate the giving of compensation.
RULES AS TO COMPENSATION.
Posting and Packing of Parcels.
1. The Parcel must be posted in the manner prescribed for the posting of Parcels by the Regulations for the time being, and the postage must be prepaid.
2.-The contents of the Parcel must be securely packed and enclosed in a reasonably strong case, wrapper or cover securely fastened, fit to preserve the contents from loss or damage in the Post, and in accordance with the regu- lations in force as to packing.
General Conditions.
3.--No compensation will be given in respect of--- (a.) A Parcel containing any prohibited article. (b.) A Parcel containing money, a watch or jewellery. (c.) A Parcel which has been delivered to the addres- see and in respect of which no complaint bas been made at the time of delivery. 4.-No compensation will be given in respect of damage
to-
(a.) A Parcel containing any liquid or semi-liquid. (b.) A Parcel containing eggs or any other article of an exceptionally fragile character, or soft fruit or any other article which, from its nature, can- not with reasonable safety be sent by Post. (c.) A Parcel containing any perishable article where the damage arises from natural decay and the Parcel is delivered without undue delay. But in all such cases compensation will be given in respect of the loss of the Parcel or of any article contained therein. 5.-In every case it must appear that the loss or damage did not arise wholly or in part from the fault of the sender, and that it occurred while the Parcel was in the Post.
6. The compensation given will in no case exceed the value of the article lost or the damage sustained.
7.-The compensation given in case of damage will be in proportion to that which would have been given had the Parcel been lost. Thus :-
(a.) Where the value of the Parcel does not exceed 20s. compensation will be given to the full amount of the loss or damage,
(b.) Where the value of the Parcel exceeds 20s., the compensation given will bear the same proportion to 20s. as the extent of the damage bears to the total value of the Parcel. For example, if a Parcel worth 40s. be damaged to the extent of one-half its value, 10s. and not 20s. will be payable.
In this Rule the expression damage includes the loss or abstraction of part of the contents of the Parcel.
8.The Postmaster General will in every case cither of loss or damage, if he thinks fit, re-instate the contents of a Parcel, instead of giving pecuniary compensation.
9.-Where compensation is given for the loss of a Parcel, or of any article contained therein, the Postmaster General will reserve the right to retain and dispose, as he thinks fit, of the Parcel or any such article, in case it should subsequently come into his hands.
GENERAL POST OFFICE,
HONGKONG, MAY 15th, 1888.
10.-In no case will the Postinaster General give com- pensation for injury or damage consequential upon the loss or damage of a Parcel, or any article contained therein.
11.-Without prejudice to any of the preceding rules the Postmaster General will, if he thinks fit, refuse to give compensation for loss or damage on any ground on which a Common Carrier might in like case claim exemption from legal liability.
Claims for Compensation.
12.-Every application for compensation should be made by letter addressed to the Postmaster General without un- necessary delay.
13.-The certificate of posting should be produced when required.
14.-Where the application relates to the damage of a Parcel, or to the damage or loss of any article contained therein, the Parcel should be retained for inspection as nearly as possible in the state in which it was delivered.
15. Where a Parcel when delivered bears signs of injury the recipient must call attention to the fact of such injury at the time of delivery, and should if possible open the Parcel in the presence of an officer of the Post Office.
16.-No application for compensation in respect of any Parcel will be entertained unless made within twelve months of the date of the posting of the Parcel.
Definition of Terms.
17.--In these Rules-
(a.) The term money means and includes-
(A.) Coin of all kinds whether or not current in the United Kingdom or elsewhere.
(B.) Notes of the Banks of England and Ireland, or of any Bank of issue in the United Kingdom, and notes current in any Foreign state or British posses- sion.
(c.) Money orders, postal orders and postage or revenue stamps.
(D.) Exchequer bills, bank post bills, bills of exchange, promissory notes, cheques, and all orders and authorities for the payment of money whether negotiable or not.
(E.) Bonds, coupons, and securities for money whether negotiable or not.
(b.) The term jewellery means and includes-
(A.) Gold or silver in a manufactured or un- manufactured state.
(B.) Watches and jewels.
(c.)Diamonds and precious stones.
(D.) Any article of a like nature, which apart from the workmanship has an intrinsic or marketable value.
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