Hong Kong Ordinances

CROWN PROCEEDINGS ORDINANCE - SECT 7

Liability in connection with postal packets

(1) Subject as hereinafter provided, no proceedings in tort shall lie against
the Crown for anything done or omitted to be done in relation to a
postal packet by any person while employed as a servant or agent of the Crown;
nor shall any officer of the Crown be subject, except at the suit of the
Crown, to any civil liability for any of the matters aforesaid.

(2) Notwithstanding the provisions of section 7 of the Post Office  Ordinance
( Cap 98), proceedings shall lie against the Crown under this subsection in
respect of loss of or damage to a registered inland postal  packet in so far
as the loss or damage is due to any wrongful act done or any neglect or
default committed by a person employed as a servant or agent of the Crown
while performing or purporting to perform his functions as such in relation to
the receipt, carriage, delivery or other dealing with the packet: Provided
that-

   (a)  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 (
        Cap 98 sub. leg.), 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 ( Cap 98 sub. leg.) 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 performing 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 subsection: 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 enforce their remedies in respect of the packet
under the said subsection, the court may, upon such terms as to security for
costs 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 ( Cap 98 sub. leg.) may be made for prescribing
the conditions to be observed for the purposes of this section in relation to
registered inland postal packets.

(6) In this section-

"postal packet" (郵包) has, subject as hereinafter provided, the same
meaning as in the Post Office Ordinance ( Cap 98);

"Post Office Regulations" (《郵政署規例》) has the same meaning as in
the Post Office Ordinance ( Cap 98);

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

"sender" (寄件人), in relation to a postal packet, has such meaning as may
be assigned to it by Post Office Regulations ( Cap 98 sub. leg.).

(7) Any reference in this section to a postal packet shall be construed as
including a reference to the contents of such a packet. [cf. 1947 c.44 s. 9
U.K.]

"postal packet" (郵包)

"Post Office Regulations" (《郵政署規例》)

"inland postal packet" (本地郵包)

"sender" (寄件人)