PacLII Home | Databases | WorldLII | Search | Feedback

Tonga Consolidated Legislation

You are here:  PacLII >> Databases >> Tonga Consolidated Legislation >> Post Office Act

Database Search | Name Search | Noteup | Download | Help

Post Office Act

LAWS OF TONGA


CHAPTER 95


POST OFFICE


ARRANGEMENT OF SECTIONS


SECTION


1. Short title.
2. Definitions.
3. Controller to establish post offices.
4. Controller to make regulations.
5. Controller to fix rates of postage.
6. Controller may authorize stamps.
7. Controller may execute contracts.
8. Postal officers to make declaration.
9. Mail to be delivered to postmaster.
10. Master to make declaration.
11. No payment for carriage of mail on which payment made at port of departure.
12. Master of departing vessel to carry mail.
13. Master of coasting vessel to carry mail without charge.
14. Master to give notice of departure.
15. Privilege of post office.
16. Persons prohibited from carrying letters.
17. Power of controller to detain mail.
18. Duty of controller when mail bears fictitious stamp.
19. Master to return mail in case of non-departure.
20. Failure to despatch mail.
21. Forgery of stamps.
22. Making or possession of dies, etc.
23. Removal of stamps or marking.
24. Misdescription and obscene matter.
25. Negligent loss.
26. Detention of mail.
27. False pretences.
28. Larceny.
29. Opening of mail.
30. Disturbance.
31. Obstruction.
32. Dangerous substance.
33. Construction.
34. Protection of postal officers.
35. Application of monies.


----------------


Acts 12 of 1933 and 29 of 1977


AN ACT RELATING TO THE ESTABLISHMENT AND REGULATION OF THE POST OFFICE IN THE KINGDOM


[16th August, 1933]


Short title.


1. This Act may be cited as The Post Office Act.


Interpretation.


2. In this Act unless the context otherwise requires-


"postal articles" includes letters, postcards, newspapers, parcels, packets and all other articles or things transmissible by post;


"postage" means the duty charged for the transmission of postal articles;


"mail" includes mail bag and anything in course of transmission by post and anything that has been handed to any postal officer or placed in any respectable used or intended to be used for the reception of postal articles shall be considered to be in course of transmission until delivered to the addressee or his agent;


"mail bag" includes any bag box or parcel or other envelope or covering in which postal articles are conveyed whether it does or does not contain postal articles;


"officer of the Post Office" shall include the Controller, Postmasters and any other persons employed in the business of the Post Officer;


"stamp" means any postage issued for the purpose of this Act or any other Act relating to postage and in sections 18, 21, 22 and 23 includes any stamp issued by the Postal Administration of any foreign country.


Controller to establish Post Offices.


3. The Controller with the consent of Cabinet shall establish a Chief Post Office and appoint a Chief Postmaster and may establish or appoint such other post offices or officers as may be necessary for the purposes of this Act.


Controller to make regulations.


4. (1) The Controller shall from time to time with the consent of Privy Council make regulations-


(a) for the establishment and management of post offices and the receipt, despatch, carriage and delivery of postal articles;


(b) for the issue and payment of money and postal orders and for all matters incidental thereto;


(c) for the receipt, despatch and delivery of parcels through the post office and for all matters incidental thereto;


(d) for the registration of postal articles;


(e) for the conduct of all other business which the post office is directed by Cabinet to undertake;


(f) generally for the purpose of carrying out the provisions of this Act.


(2) Such regulations shall inter alia regulate the disposal of postal articles which for any reason cannot be delivered.


(3) Such regulations shall be published in the Gazette and when so published shall be of the same force as if embodied in this Act: Provided always that no postal article shall be opened without the permission of the addressee except by an officer authorized in writing by the Controller to do so and every such officer shall before he shall enter into his duties in this respect make and subscribe before a magistrate a declaration in the form of Schedule B and if any postal officer opens any postal article or parcel before making and subscribing such declaration or shall act contrary to such declaration he shall be liable on conviction to a fine not exceeding $100 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.


Controller to fix rates of postage.


5. The Controller with the consent of Privy Council may from time to time fix the rate of postage for different classes of postal matter and the fees to be charged for any services rendered by the Post Office under this Act or under regulations made thereunder or otherwise and shall prescribe the manner in which such postage or fees shall be paid. Such rate shall be published in the Gazette and when so published shall be of the same force as if embodied in this Act. (Amended by Act 29 of 1977.)


Controller may authorize stamps.


6. The Controller with the consent of Privy Council may authorize postage stamps indicating such amounts as may from time to time be deemed necessary for the purposes of this Act.


Controller may execute contracts.


7. The Controller with the consent of Privy Council may execute contracts in writing on behalf of the Government for the carriage of postal articles and parcels by land or sea.


Postal officers to make declarations.


8. Every postal officer shall before acting as such make and subscribe a declaration before a magistrate in the form contained in Schedule A.


Mail to be delivered to Postmaster.


9. All mail and all postal articles which at the time of the arrival of any vessel within any port or place in Tonga from any port or place beyond the same shall be on board thereof directed to any person in Tonga shall be delivered to the postmaster or port officer of such port or to any person duly authorized in that behalf by writing under the hand of the Chief Postmaster or other officer in immediate charge of the Post Office. And any person who shall knowingly or negligently detain or keep in his possession or shall neglect or refuse to deliver any mail or postal articles shall be liable to a fine not exceeding $100:


Provided always that nothing in this section shall apply to letters concerning goods on board such vessel and to be delivered with such goods or containing any commission writ or affidavit or sent by way of introduction only or concerning the bearer's private affairs or to anything shipped as cargo on such vessel.


Master to make declaration.


10. The master or person in charge of any vessel arriving at any port or place in Tonga from any port or place beyond the Kingdom shall as soon as practicable after such arrival sign in the presence of the postmaster or other officer appointed to receive it at such port or the town or place nearest thereto a declaration in the form contained in Schedule C and thereupon such postmaster or officer shall grant a certificate under his hand of the making thereof and until such certificate shall have been delivered to the proper officer of Customs at such port he shall not permit such vessel to report. And any master or person in charge as aforesaid who shall fail or refuse to make such declaration or who shall make a false declaration shall be liable to a fine not exceeding $100.


No payment for carriage of mail on which payment made at port of departure.


11. No payment shall be made to the master or other person in charge of any vessel arriving from any port or place beyond the Kingdom for the conveyance of any mail on which payments have been already made at the port of departure.


Master of departing vessel to carry mail.


12. (1) Every master or person in charge of any vessel about to depart from any port or place in the Kingdom to any other port or place beyond the Kingdom shall if required so to do by any officer of the Post Office or other person authorized in writing by the Controller so to do receive on board for conveyance to such port or place beyond the Kingdom such postal articles as may be delivered to him by such officer of the Post Office or other person upon tender of remuneration for such conveyance at a rate fixed by the Controller with the consent of Privy Council and shall cause such postal articles to be properly stowed in such vessel and shall convey them upon the then intended voyage and shall give a receipt in writing for all postal articles so delivered to him.


(2) Every person who shall fail to receive, stow or convey postal articles or to give a receipt as required by this section shall be liable on conviction to a fine of a sum not exceeding $100.


Master of coasting vessel to carry mail without charge.


13. Every master or person in charge of any coasting vessel shall receive and deliver mails according to the direction thereof at the several ports or places at which they may touch free of charge and every master or person who shall refuse or shall wilfully neglect to receive or deliver such mails shall for every such offence be liable to a fine not exceeding $20 and the Court may in addition order the suspension or forfeiture of the coasting licences of the vessel of which such master or other person was in charge at the time of such refusal or neglect.


Master to give notice of departure.


14. Every master or person in charge of any vessel excepting those under a contract for the carriage of mails and being about to depart from any port or place in Tonga to any other port or place within the Kingdom or to any port or place beyond the limits thereof shall before the clearance outwards or sailing of such vessel give to the postmaster or officer in charge of the Post Office at the port or place from which such vessel shall be about to depart not less than 6 hours' notice in writing of the intended time of departure of such vessel. And every such notice shall expire between the hour of 9 a.m. and 5 p.m. And every such master or person in charge as aforesaid shall also from time to time give notice to such postmaster or officer as aforesaid of any postponement of such time of departure and such postmaster or other officer of the Post Office shall upon receiving such notice grant a certificate to such master or person and until such certificate shall have been given the vessel shall not be cleared.


Privilege of Post Office.


15. The Post Office of the Kingdom shall have the exclusive privilege of conveying of all letters from one place to another between which postal communication shall be established under this Act and to all foreign ports and places subject to the following exceptions-


(a) letters sent by a private friend not for any fee or reward;


(b) letters sent by a messenger on a purpose concerning the private affairs or business of the sender or receiver thereof;


(c) all process or proceedings issuing out of a Court of Justice;


(d) letters of merchants, owners of vessels or of the cargo sent by such vessels not for any fee or reward;


(e) letters concerning goods or merchandise sent by common carriers to be delivered with the goods which such letters concerned without any fee or reward.


Persons prohibited from carrying letters.


16. (1) The following persons are expressly prohibited from carrying a letter or from receiving or collecting or delivering a letter although they shall not receive any fee or reward therefore-


(a) common carriers their servants or agents concerning goods carried by them;


(b) officers of the Post Office except in the performance duties;


(c) owners or masters of vessels except letters of merchants or owners of such ships or letters concerning goods on board;


(d) passengers or other persons on board any such vessels.


(2) Any person who shall contravene the provisions of this section or section 15 shall be liable in respect of each letter so carried to a fine of not exceeding $10.


Power of Controller to detain mail.


17. It shall be lawful for the Controller or any officer duly authorized by him in writing to detain any mail reasonably suspected by him to contain goods liable to duty or contrary to the terms of the Customs and Excise Act or any other Act and to open the same (subject always to the provisions of section 4 of this Act):

Cap. 67


Provided always that such mail shall only be opened in the presence of the addressee or his duly authorized agent unless the Controller after the exercise of due diligence has failed to find such addressee or unless such addressee though warned has failed to attend.


Duty of Controller when mail bears fictitious stamp.


18. (1) When the Controller has reason to suspect that any mail contains or bears any fictitious postage stamp (that is to say any facsimile or imitation or representation of any stamp for denoting any rate of duty or postage) or purports to be prepaid with any postage stamp which has been previously used, it shall be the duty of the Controller to withhold delivery of such mail:


Provided always that it shall be lawful for the Controller to deliver to the addressee such part of such article as may not appear to be necessary for the purposes of evidence or inquiry after such addressee shall have made known to the Controller the name and address of the sender of the mail and any other information within his power and shall have made and signed a declaration in writing embodying such information.


(2) In the event of the refusal of the addressee or his representative to comply with the requirements of the above proviso such mail may be dealt with or disposed of in such manner as may be authorized by the Controller.


Master to return mail in case of non-departure.


19. Whenever the master or person in charge of any vessel shall have received any mail bag, mail box or mail parcel for carriage on board and such vessel shall not depart on her voyage according to the time fixed for the departure thereof such master or person as aforesaid shall upon demand return to the postmaster, port officer or other person duly authorized in that behalf by writing under the hand of the Chief Postmaster or officer in immediate charge of the Post Office such mails and also any gratuity which may have been paid for the carriage of such mails and in default of so doing shall be liable to a fine not exceeding $100.


Failure to dispatch mail.


20. Any postmaster, port officer, master of a vessel or person duly authorized to receive or despatch any mail bag, mail-box or mail parcel or any letter, packet or newspaper who shall neglect or fail to despatch or shall retard the despatch thereof by post shall be liable to a fine not exceeding $100.


Forgery of stamps.


21. Every person who commits forgery of any stamp shall be liable to imprisonment for any period not exceeding 4 years.


Making or possession of dies, etc.


22. Every person who without lawful authority or excuse (the proof whereof shall lie on the person accused) shall make or cause to be made or shall knowingly have in his possession or custody any plate peculiarly employed for printing any stamp of any die or seal peculiarly used for preparing any such plate die or seal intended to imitate any such plate die or seal shall be liable to imprisonment for any period not exceeding 4 years.


Removal of stamps or marking.


23. Every person who shall with a fraudulent intent remove from any postal article sent by post any stamp which shall have been affixed thereon or wilfully remove from any stamp which shall have been previously used any mark which shall have been made thereon or shall knowingly utter or use any such stamp shall be liable to imprisonment for any period not exceeding 3 years.


Misdescription and obscene matter.


24. Any person who shall-


(a) knowingly and fraudulently post or cause to be posted any postal article purporting to be of a class or description paying a rate lower than that which should be lawfully paid for such article, or


(b) knowingly and fraudulently make any false statement respecting the contents of any postal article, or


(c) knowingly post any letter or other postal article bearing or containing any obscene, profane or libellous matter,


shall be liable to a fine not exceeding $100.


Negligent loss.


25. Any postal officer or other person employed or engaged in the business of the Post Office who shall negligently lose or who shall wilfully detain any mail shall be liable to a fine not exceeding $50.


Detention of mail.


26. Any person who shall wilfully retain, secrete, keep or detain any mail which ought to have been delivered to any other person shall be liable to imprisonment for any period not exceeding 2 years.


False pretences.


27. Any person who shall by means of any false pretence or misstatement fraudulently induce any officer of the Post Office to deliver mail to any person other than the addressee shall be liable to a fine not exceeding $100.


Larceny.


28. Any person who shall steal, receive or embezzle any mail or who shall wilfully damage any mail shall be liable to imprisonment for any period not exceeding 4 years.


Opening of mail.


29. Any officer of the Post Office who shall contrary to his duty open or tamper with or procure or suffer to be opened or tampered with any mail shall be liable to imprisonment for any period not exceeding 3 years.


Disturbance.


30. Any person who shall create a disturbance at the premises of any Post Office shall be liable to a fine not exceeding $10.


Obstruction.


31. Any person who shall wilfully obstruct or retard the conveyance and delivery of any mail shall be liable to a fine not exceeding $40.


Dangerous substance.


32. Any person who shall enclose in or with any mail or who shall put into any Post Office or place appointed for the receipt of mail any explosive, dangerous or destructive substance or liquid or any matter or thing likely to injure any person shall be liable to imprisonment for any period not exceeding 7 years.


Construction.


33. Any section of this Act in which any penalty is imposed shall be read together with and construed as though it formed part of the Criminal Offences Act.

Cap. 18


Protection of postal officers.


34. (1) No action or suit shall be brought against any officer of the Post Office on account of anything done or omitted to be done in pursuance of this Act unless such suit or action shall have been commenced with 12 months after the cause of such suit or action.


(2) No such suit or action shall be commenced until one month after notice thereof and of the cause thereof shall have been delivered to the defendant or left for him at his usual place of abode by or on behalf of the party intending to commence such action and upon the back of such notice shall be endorsed the name and place of abode of the plaintiff and of his legal representative if any.


Application of monies.


35. All monies received under the provisions of this Act shall be paid to the Treasurer for the use of the Kingdom.


________


SCHEDULES


SCHEDULE A
(Section 8)


I (A.B.) do solemnly and sincerely declare that I will not willingly or knowingly open, detain, return or delay or cause or suffer to be opened, detained, returned or delayed any letter or packet which shall come into my .............. hands .................... power ................... or ............ custody by reason of my employment relating to the Post Office except by the consent of the person or persons to whom such letter or packet shall be directed or by an express warrant in writing for that purpose under the hand of the Controller or except in pursuance and under the authority of any of the provisions of any Act now or hereafter to be in force relating to the Post Office or of any regulations made in pursuance of such Act.


Declared before me one of His Majesty's Magistrates in and for the Kingdom this ................... day of................................ 19...


__________


SCHEDULE B


(Section 4(3))


I (A.B.) do declare that I will be true and faithful in the execution of the trust committed to my charge and that I will not intentionally read the contents of any letter or packet which I may open under the provisions of any ............... Act.................. now .................or hereafter to be in force relating to the Post Office except so far as it may be necessary for the purpose of ascertaining the name and address of the writer or sender thereof and that I will not divulge to any person whatsoever except the Chief Postmaster or other officer in immediate charge of the Post Office any of the contents of any such letter or packet.


Declared before me one of His Majesty's Magistrates in and for the
Kingdom this ................ day of .............................. 19....


________


SCHEDULE C
(Section 10)


I (A.B.) do solemnly declare that I have to the best of my knowledge delivered to (C.D.) every mail bag, mail box, mail parcel, letter, packet and newspaper that were on board the (name of vessel) at the time of her arrival at ............................................ except such letters as are exempted by law from such delivery.


Signed in my presence the ...................... day of ..............................19...


________


[Subsidiary Legislation]


CHAPTER 95


POST OFFICE


SECTIONS 4 AND 5Postal Regulations.


Made by the Controller on 5th August, 1933


G. 115/33, 123/34, 29/35, 123/35, 39/36, 17/38, 139/38, 106/39, 127/39, 2/40, 24/40, 171/40, 123/41, 126/47, 127/47, 2/48, 124/49, 129/49, 143/50, 151/50, 37/51, 25/54, 28/55, 3/56, G.S. 101/58, 111/59, 19/60, 21/60, 15/62, 39/66, G. S. 91/67, G. S. 3/68, G. S. 69/77, G. 285/85


Short title.


1. These Regulations may be cited as the Postal Regulations


Interpretation.


2. (1) In these Regulations, unless the context otherwise requires - The term correspondence means and includes letters, postcards, both single and reply-paid, commercial papers, packets, samples of merchandise and printed papers of any kind, including articles printed in relief for the use of the blind;


The term packet means and includes-


(a) banker's packets (in covers open at the end or sides) containing notes, orders, cheques or pass-books sent by or to any bank or banker;


(b) packets (in covers open at the ends or sides) containing process of or proceedings or pleadings in any Court, briefs, cases and instructions for counsel and their opinions thereon respectively, deeds, affidavits, policies of assurance, letters of attorney, depositions or recognizances;


(c) packets (in covers open at the ends or sides) containing patterns or samples of merchandise not having a value of their own apart from their mere use as patterns or samples and either unenclosed or enclosed in transparent bags or in bags tied round the neck so as to be easily loosened and refastened;


(d) packets (in covers open at the ends or sides) containing prices current and catalogues;


(e) packets (in covers open at the ends or sides) containing Acts of Tonga or official reports and returns or copies of official reports and returns made by or to any officer in the public service;


(f) packets (in covers open at the ends or sides) containing script pamphlets, maps, plans, specifications, music, photographs on paper, magazines, reviews, placards, almanacs, prospectuses, paintings, engravings, printers' proofs, writing paper, music paper or periodical publications;


(g) packets (in covers open at the ends or sides) containing printed or plain books; and


(h) packets containing seeds in bags tied so as to be easily loosened and refastened.


The term newspaper means a publication consisting wholly or in great part of political or other news, or of articles relating thereto or to other current topics, with or without advertisements, and whether printed for sale or gratuitous distribution. A supplement to a newspaper is deemed to be part of such newspaper for the purposes of the regulations, and must consist wholly or in great part of matter like that of a newspaper, printed on a sheet or sheets of paper, or consisting wholly or in part of engravings, prints, or lithographs, or any other sort of picture illustrative of articles in the newspaper. Insets, advertising sheets, posters, or handbills are not allowed to pass as supplements.


(2) Every newspaper shall be sent without a cover or in a cover open at both ends and there shall not be in or upon any such newspaper or the cover thereof any communication, character, figure, letter or number (other than the words "newspaper only" or a line drawn through any report, article or paragraph therein, the printed title of such newspaper, the printed names, occupations and places of business of the printer, publisher and vendor thereof, the name, occupation and address of the person to whom it is sent) nor shall anything be enclosed in or with or accompany such newspaper or cover; otherwise such newspaper shall not be transmitted or delivered.


Letters


3. No letter may exceed 4 lb in weight.


4. The size of letters may not exceed 18 inches in any direction:


Provided always that if posted in the form of a roll, letters may be 30 inches in length if they do not exceed 4 inches in diameter.


5. Letters may not contain any letter, note or document addressed to a person other than the addressee or a person living with him.


Postcards.


6. Postcards must bear on the face the heading "Carte postale" in French or the equivalent of this heading in another language. This heading is not obligatory for single postcards of private manufacture.


7. The size of the cards may not exceed 57/8 inches in length by 41/8 inches in width, nor be less than 4 inches in length by 23/4 inches in width. Postcards must be sent unclosed, that is to say, without wrapper or envelope.


8. Postcards of which the whole or a part of the address side has been marked off into several divisions intended to receive successive addresses are prohibited.


9. Postcards must be made of cardboard or of paper stout enough to be easily handled.


10. The postage stamps should be affixed to the upper right-hand corner of the address side. The address of the recipient as well as the indications relating to the postal service (such as "Registered", "Advice of Delivery", etc.) should appear on the address side, of which the right-hand half is reserved for these indications. The sender may make use of the back of the left-hand half of the address side subject to the provisions of the following regulations.


11. There shall not be joined or attached to postcards, samples of merchandise, or similar articles:


Provided that illustrations, photographs, stamps of any kind, address labels or slips to fold back for address purposes, labels and cuttings of any kind may be affixed to them, if these articles are not of such a nature as to alter the character of the postcards, and if they consist of paper or other very thin substance and if they adhere completely to the card. With the exception of address labels or slips, these articles may only be affixed to the back or to the left-hand half of the address side of postcards.


12. Reply-paid postcards must bear on the face in French as heading on the first half, the words "Carte postale avec response payee"; on the second half "Carte postale-response". Each of the two halves must comply with the conditions laid down for single postcards, one-half is doubled over the other, and they may not be closed in any way.


13. The address on the reply half must be on the inside of the fold. The send of a reply-paid postcard may indicate his name and address on the face of the "Reply" half, either in writing, or by affixing a label.


14. The prepayment of the "Reply" half by means of the postage stamp of the country which has issued the card is valid only if the two halves of the reply-paid postcard were attached to one another when received from the country of origin, and if the "Reply" half is despatched from the country where it has been received by post to the said country of origin. If these conditions are not complied with it is treated as an unpaid postcard.


15. Postcards which do not comply with the conditions laid down by these regulations for this class of correspondence are treated as letters.


Commercial papers


16. Packets of commercial papers may not weigh more than 5 lb. if posted Commercial for delivery within the Kingdom. If posted for delivery beyond the Kingdom, such packets may not weigh more than 4 lb.


17. The size of packets of commercial papers is limited to the same dimensions as is provided for letters under regulation 4 hereof.


18. The following are considered as commercial papers: all papers and documents whether writings or drawings, produced wholly or partly by hand, not having the character of an actual and personal correspondence, such as open letters and out-of-date postcards which have already fulfilled their original purpose, legal documents, deeds of all kinds drawn up by public functionaries, waybills or bills of lading, invoices, certain documents of insurance companies, copies of, or extracts from deeds under private seal, written on stamped or unstamped paper, musical scores or sheets of music in manuscript, the manuscripts of works or of newspapers forwarded separately, pupils' exercises in original or with corrections, but without any note which does not relate directly to the execution of the work.


19. These documents may be accompanied by reference slips or statements showing the following or similar particulars: list of the papers included in the packet, reference to correspondence exchanged between the sender and the addressee such as:


"Annex to our letter of ..........................to Mr. ...............................

Our reference ....................................... your reference .................".


20. Commercial papers are subject, so far as regards form and make-up to the regulations laid down for printed papers:


Provided that envelopes only partly open at the ends or in any way closed against inspection cannot be admitted at commercial papers rate.


21. The weight of packets containing samples posted for delivery within the Kingdom is limited to 5 lb. For delivery beyond the Kingdom the weight is limited to 1 lb.


22. Packets containing samples posted for delivery within the Kingdom shall not exceed 24 inches in length, and 12 inches in width or depth. If posted for delivery beyond the Kingdom, they shall not exceed 18 inches in length, 8 inches in width, and 4 inches in depth, unless they are made up in the form of a roll for which the limits are 18 inches in length and 6 inches in diameter.


23. With the exceptions specified below, the use of the sample post is restricted to bona fide trade samples or patterns of merchandise without saleable value. Transmission at the sample rate is also accorded to printers' blocks, keys sent singly, fresh cut flowers, articles of natural history (such as dried or preserved animals or plants and geological specimens), tubes of serum, pathological objects rendered innocuous by their mode of preparation and packing, beneficial insect parasites and live destroyers of noxious insects intended for controlling these insects when exchanged between officially recognized institutions, and live bees. These articles, except tubes of serum sent in the public interest by laboratories or institutions officially recognized and live bees, may not be sent for a commercial purpose.
(Amended, G. 24/40.)


24. No packet containing goods for sale or consigned in execution of an order (however small the quantity) can be forwarded by the sample post.


Note: It is recommended that every sample should be indelibly marked "Sample-not for sale", or otherwise defaced in such a way as to render the article unsaleable in the ordinary way of trading.


Mode of packing and addressing.


25. Samples must be packed in such a manner as to be easy of examination and, when practicable, must be sent in removable covers, bags, or boxes.


26. Packing is not obligatory for articles consisting of one piece (such as pieces of wood or metal) which it is not the custom of the trade to pack, provided that, in that case, the address and the postage stamps appear on the label. The address, however, must always be repeated on the article itself, otherwise packing may be insisted upon.


27. There may be indicated by hand or by a mechanical process outside or inside the packet, the name, position, profession and address of the sender and of the addressee, as well as the date of despatch, the sender's signature, telephone number, telegraphic address and code, postal cheque or banking account, manufacturer's or trade mark, numbers, prices and particulars, relating to weight, measurement and size, or to the quantity to be disposed of, and such as are necessary to determine the origin and the character of the goods.


28. Articles of glass, packets containing liquids, oils, fatty substances, dry powders, whether dyes or not, as well as packets of live bees are transmitted as samples of merchandise, provided that they are packed in the following manner-


(a) articles of glass must be securely packed in boxes of metal, wood, or strong corrugated cardboard so as to prevent all danger to correspondence and to postal officers.


(b) liquids, oils, and substances which easily liquefy must be enclosed in glass bottles hermetically sealed. Each bottle must be placed in a special box of metal, wood, or strong corrugated cardboard containing sawdust, cotton or spongy material in sufficient quantity to absorb the liquid in the event of the bottle becoming broken. The box itself, if it is of thin wood, must be enclosed in a second case of metal or wood with the lid screwed down or of strong corrugated cardboard, or of stout thick leather;


(c) when a perforated wooden block is used having a thickness of at least 21/2 millimetres (about 1/8 inch) in the thinnest part and fitted with a lid, it is not necessary to enclose this block in a second case;


(d) fatty substances which do not easily liquefy (such as ointments, soft soap, or resin) the transmission of which presents fewer difficulties, must be enclosed in an inner cover (such as a box, bag of linen, or parchment) which must itself be placed in a second box of wood, metal, or stout thick leather;


(e) dyes, such as aniline, are not admitted unless enclosed in stout tin boxes, placed inside wooden boxes with sawdust between the two covers; dry non-colouring powders must be placed in boxes of metal, wood, or cardboard. These boxes should be themselves enclosed in a bag of linen or parchment;


(f) samples of liquids and fatty substances and those enclosed in linen or paper envelopes of little strength must have a label, preferably of parchment, attached with the address of the addressee, the postage stamps and the impressions of the date-stamps. The address must be repeated on the article itself;


(g) live bees, beneficial insects, parasites and live destroyers of noxious insects must be enclosed in boxes so constructed as to avoid all danger. (Amended, G. 24/40);


(h) articles of any kind, such as tinned foods, which would be spoilt if packed in the manner prescribed may be admitted in a cover hermetically sealed. In that case the sender or the addressee may be required to assist in the check of the contents either by opening certain packets or in some other satisfactory manner.


29. Small packets are limited as regards size and mode of packing, as is provided for sample packets under regulations 22, 25 and 28. The maximum weight is 2 lb.


30. Small packets may contain all articles admissible for transmission by letter post including dutiable articles, but may not contain personal correspondence, coins, bank notes, currency notes, postage stamps, negotiable instruments payable to bearer, platinum, gold or silver (manufactured or not), precious stones, jewels and other valuable articles. In addition to the articles specifically mentioned above all articles which from their nature are specially valuable are to be considered as precious articles.
(Amended, G. 123/41.)


31. Small packets addressed to places beyond the Kingdom must bear a special green Customs label obtainable at all Post Offices. The particulars set out on this label must be filled in by the sender.


32. The name and address of the sender must be indicated on small packets at the bottom left-hand corner of the address side.


Printed papers.


33. Packets of printed papers are limited as regards size to the same dimensions as are provided for letters under regulation 4 hereof, and as regards weight to the same weights as are provided for commercial papers under regulation 16 hereof. A single volume sent by printed papers post may, however, weigh up to 61/2 lb.


34. The following are considered as printed papers and allowed to pass as such-


(a) newspapers and periodicals, books stitched or bound, pamphlets, sheets of music, excluding perforated sheets intended to be used with automatic musical instruments, visiting cards, address cards, proofs of printing with or without the relative manuscript, engravings, photographs and albums containing photographs, pictures, drawings, plans, maps, catalogues, prospectuses, advertisements, and notices of various kinds, printed, engraved lithographed or mimeographed, and, in general, all impressions or copies obtained upon paper, parchment, or cardboard, by means of printing, engraving, lithography, mimeography, or any other mechanical process easy to recognize, except the copying press, a typeset hand-stamp, and the typewriter;


(b) reproductions of a manuscript or typewritten original, when they are obtained by a manifolding process (such as chromography), are treated like printed papers:


Provided that to pass at the reduced postage, these reproductions must be handed over the counter of a post office to the number of at least twenty packets containing precisely identical copies. The manuscript additions authorized for printed papers may also be made in these reproductions;


(c) printed papers which bear any marks whatever capable of constituting a conventional language, or, save the exceptions specifically authorized by the present regulation, those of which the text has been modified after printing, may not be sent at the rates provided for printed papers;


(d) stamps or forms of prepayment, obliterated or not, as well as all printed papers representing a monetary value, and articles of stationery, are excluded from transmission at the reduced rate.


35. Printed papers, authorized annotations-


(a) It is allowed, outside or inside a packet of printed papers-


(i) to indicate by hand or by a mechanical process, the name, position, the profession, firm, and the address of the sender and of the addressee, as well as the date of despatch, the signature, telephone number, telegraphic address and code, and postal cheque or banking account of the sender;


(ii) to correct errors in printing; to strike out, to underline, or to enclose by marks, certain words or certain parts of a printed text, unless this is done with the object of constituting personal correspondence.


(b) it is also allowed to indicate or to add by hand or by a mechanical process-


(i) in advices of the departures and arrivals of ships: the dates and times of departures and arrivals, as well as the names of the ships and the ports of departure, call, and arrivals;


(ii) in travellers' advices: the name of the traveller, the date, time, and place of his intended visit, and the address at which he is staying;


(iii) in forms of order or subscription for publications, books, newspapers, engravings, pieces of music; the works required or offered, as well as the price of these works;


(iv) on pictorial cards and printed visiting cards and also on Christmas and New Year cards: good wishes, congratulations, thanks, condolences, or other formulas of courtesy, expressed in five words or by means of five conventional initials at most;


(v) in proofs of printing; alterations and additions concerned with corrections, form, and printing, and also notes such as "Passed for Press", "Read–Passed for Press", or any similar note concerned with the execution of the work. In case of want or space these additions may be made on separate sheets;


(vi) in fashion plates, maps, etc.: colours;


(vii) in price lists, tenders for advertisements, stock and share lists, market quotations, trade circulars and prospectuses: figures, and any other notes representing essential elements of the price;


(viii) on books, pamphlets, newspapers, photographs, engravings, sheets of music and in general on all literary or artistic productions, printed, engraved, lithographed or mimeographed: a dedication consisting simply of an expression of regard;


(ix) to cuttings from newspapers and periodicals: the title, date, number, and address of the publication from which the article is extracted;


(c) it is, moreover, allowed to enclose-


(i) with proofs of printing, whether corrected or not: the "copy";


(ii) with articles of the categories mentioned under (b) (viii): the relative invoice.


36. Printed papers must be made up in such a way that they can be easily examined. They must be either placed in wrappers upon rollers between boards, in cases open at both sides or at both ends, or in unclosed envelopes, or secured with a string easy to untie, or be simply folded, but in such a manner that other articles cannot slip into their folds.


37. Address cards and all printed matter of the form and substance of a printed card, either unfolded or folded once, may be forwarded without wrapper, envelope, fastening, or fold.


38. Cards bearing the heading "Postcards" or the equivalent of this heading in any language are allowed to pass at the rate for printed matter, provided that they conform to the general conditions laid down herein for this class of articles. Those which do not fulfil these conditions are regarded as postcards or letters and treated accordingly.


Articles grouped together.


39. It is permissible to enclose in one and the same packet samples, printed matter, and commercial papers, but not printed papers intended for the blind, subject to the following conditions-


(a) that each article taken singly does not exceed the limits which are applicable to it as regards weight and size;


(b) that the total weight does not exceed 4 lb. per packet;


(c) that the minimum charge is 3s. if a packet contains commercial papers, and 1s. if it consists of printed papers and samples.


Literature for the bind


40. Packets containing printed papers intended for the special use of the blind, and printed volumes sent singly may weigh up to 61/2 1b., but may not exceed the dimensions prescribed for other classes of printed papers.


Unpaid and insufficiently prepared correspondence.


41. (1) Correspondence posted for delivery within the Kingdom which is wholly unpaid, or insufficiently prepared, will be charged with double the deficiency on delivery.


(2) Wholly unpaid and insufficiently prepaid letters and postcards, and other articles which are partly prepaid, posted within the Kingdom to any other country, will be charged with double the deficiency with a minimum charge of 1s. and forwarded for delivery. Articles other than letters and postcards which are wholly unpaid will be returned to the senders through the Dead Letter Office.
(Amended, G. 123/35.)


(3) Reply-paid postcards of which the two halves are not fully prepaid shall not be forwarded to their destination.


Examination of certain packets.


42. Officers of the post office may examine the contents of any packet of commercial or printed papers or samples, for the purpose of ascertaining whether they are in accordance with these regulations, but such officers must securely refasten any packet so opened.


Note: This authority does not apply to letters or to bankers' packets containing notes.


Registration.


43. Any article of correspondence complying with the regulations relating thereto, and bearing a registration fee in addition to the correct amount of postage, shall be accepted for registration. No such article addressed in pencil, except copying-ink pencil or (unless addressed to the care of some person), to initials, shall be accepted for registration. The reply halves of reply-paid postcards cannot be registered by the original senders of such cards.


44. No article shall be accepted for registration unless the cover is in sound condition. Under no circumstances shall articles be accepted for registration if selvedged stamp paper or other gummed paper is attached to the covers thereof, or if the articles bear the appearance of having been opened and resealed.


45. The address of all articles tendered for registration must be written in English.


46. Any article intended for registration must be handed to an officer of the post office, and an official receipt obtained therefor. It should under no circumstances be dropped in a letter box.


47. The sender of a registered article may obtain acknowledgment of its due delivery to the addressee by paying in advance, at the time of the registration, or subsequently, a fee at the prescribed rate when delivered overseas and of 3s. otherwise, in addition to the postage and registration fee.


48. Except in cases beyond control, and in case where registration has been compulsory, compensation not exceeding $7.25 will be paid to the sender for the loss of any registered article which may occur within the Kingdom, it having been clearly shown that the loss was not due either wholly or in part to the fault of the sender, and that it actually occurred when the article was in the post:


Provided that no such compensation shall be entertained unless made within one year of the posting of the registered article or in respect of any registered article for which the owner shall have given a receipt on delivery. In cases where registered articles are lost abroad, the final decision upon the question of payment rests with the Postal Administration of the country in which the loss takes place. Nothing herein contained shall render the Government liable for any loss occasioned by an act of the enemies of His Majesty the King, or the enemies of Her Majesty the Queen of England, or for any loss which is the direct or indirect consequence of any war.
(Amended, G. 127/39, 143/50, 3/56.)


49. All packets containing bank notes, jewellery, or articles of high value if not registered by the sender will be compulsorily registered and on delivery charged with double the ordinary registration fee. Coin and bullion will be passed at letter rates only and must be registered.


Delivery of Postal Articles.


50. When no direction in writing to the contrary has been received, correspondence for a husband may be delivered to his wife, and correspondence for a wife may be delivered to her husband, and correspondence addressed to members of the same family living in the same house may be delivered to any responsible member of the family living in the house (except young children) or to any messenger authorized to receive it.


51. Except as set forth in regulation 50 above, no postal article shall be delivered to any person other than-


(a) the addressee in person; or


(b) a person authorized by a written order from the addressee to receive delivery of postal articles on his behalf; such order to bear the date on which it is made, the addressee's address, and to be witnessed by some person other than the person in whose favour it be made, and must be delivered to the postmaster or other proper officer; or


(c) in the case of business establishments, public institutions, hotels and lodging houses, the proprietor or manager, or some person authorized in writing by the proprietor or manager to receive delivery of the correspondence at such places; or


(d) a person to whose care the postal article is addressed.


52. The department cannot undertake to deliver by letter-carrier bulky articles that may impede the general distribution of correspondence. The addressees of books, etc., weighing over 1 lb. must take delivery thereof at the post office.


53. When a firm is dissolved and any member of the late firm gives notice to the postmaster not to deliver to any person other than himself any postal article addressed to the firm, the postmaster or other officer of the post office (unless he is satisfied as to who is entitled to delivery) may refuse to deliver all such articles until an agreement is arrived at between the persons interested as to their delivery, and, in default of such agreement, may mark such postal articles "in dispute" and send them to the Controller, unless they bear requests for their return if not delivered within a certain time, in which case they shall at the expiration of the time named on the postal article be returned to the sender. No postal article shall be sent to the Controller under this regulation until the expiration of one month from the date of the receipt of the above-mentioned notice.


54. Postal articles addressed to deceased persons may be delivered to the executors or administrators of such deceased persons on production of the probate or letters of administration; but until such production the Controller may cause such postal articles to be delivered to some near relative of the deceased person.


Provided that registered postal articles addressed to a deceased person, and in connection with which the sender has paid the fee for an acknowledgment of receipt, shall be returned to the sender.


Prohibited Articles.


55. There shall not be posted or conveyed or delivered by post any postal article-


(a) consisting of or containing any indecent or obscene print, painting, photograph, lithograph, engraving, book or card, or any indecent or obscene article, whether similar to the above or not; or


(b) having thereon or on the cover thereof any words, marks, or designs of an indecent, obscene, grossly offensive or of a libellous character;


(c) containing any article or thing prohibited by the Customs or other laws of Tonga, or of the country to which the postal article is addressed;


(d) consisting of or containing-


(i) any explosive or inflammable substance;


(ii) any dangerous substance;


(iii) any filth;


(iv) any noxious or deleterious substance;


(v) any sharp instrument not properly protected;


(vi) except with the special permission of the Controller, any living creature;


(vii) any liquid unless securely packed in proper cases;


(viii) any article or thing whatsoever which is likely to injure other postal articles in course of conveyance, or any receptacle in which the same are conveyed, or an officer of the post office or other person who may deal with such postal article;


(d) containing or bearing any fictitious postage stamp; or


(e) purporting to be prepaid with any stamp which has been previously used to prepay any other postal packet or any other revenue duty or tax; or


(f) having thereon or on the cover thereof any words, letters or marks (used without due authority) which signify, or imply, or may reasonably lead the recipient thereof to believe that the postal packet is sent on His Majesty's Service;


(g) having thereon or on the cover thereof any words, marks, or designs of a character likely, in the opinion of the Controller, to embarrass the officers of the post office in dealing with the packet in the post;


(h) of such a form or so made up for transmission by post as to be likely, in the opinion of the Controller, to embarrass the officers of the post office in dealing with the packet in the post.


56. Prohibited articles if tendered for transmission will be refused, or if detected in transit, detained and dealt with in such a manner as the Controller may direct.


Transparent or Panel Envelopes.


57. Articles in envelopes entirely transparent or in envelopes with an open panel are not admitted.


58. The following conditions apply to articles in envelopes with a transparent panel-


(a) the transparent panel must be parallel to the longest side, so that the address of the addressee appears in the same direction; it must be placed so as not to interfere with the application of the date stamp;


(b) the panel must be sufficiently transparent for the address to be perfectly legible, even in artificial light, and must take writing.


59. Articles forwarded in envelopes with a transparent panel may be registered only if the panel forms an integral part of the envelope.


Late fees.


60. Letters which bear a special late fee of 2s. in stamps and are either tendered at the counter of a post office or posted in the ordinary letter box after the advertised time fixed for the closing of surface or air mails shall be accepted for transmission up to such time thereafter as the Controller may by public notice exhibited at a post office prescribe.
(Substituted, G. 124/49.)


61. Letters posted or tendered for transmission after the advertised time of closing of mails which do not conform to the requirements of regulation 62 hereof shall not be forwarded until the next succeeding despatch.
(Substituted, G. 124/49.)


62. (1) The special late fee of 2s. in stamps must be affixed to all letters intended for transmission under the provisions of regulation 60 hereof in addition to the normal postage required and such letters must be clearly marked in the left-hand top corner thereof with the words "LATE FEE".
(Substituted, G. 124/49.)


(2) Letters which do not bear the special late fee but are posted in the late letter boxes on vessels carrying mails and providing late fee facilities will be surcharged on delivery at double the rate of the deficiency.
(Added, G. 124/49.)


63. Registered articles tendered for transmission after the advertised time fixed for the closing of registered mails shall be accepted up to such time thereafter as the Controller may by public notice exhibited at a post office prescribe and forwarded on payment of a special late fee of 5s. to be affixed in stamps to the registered article in addition to the prescribed postage and registration fee.
(Substituted, G. 124/49.)


Parcels post, Definition.


64. In regulations 64 to 83 the expression "parcel" means a postal packet which is posted as a parcel in accordance with the provisions of these regulations or any regulations amending the same.


Limit of weight.


65. The weight of a parcel to Great Britain and Northern Ireland or New Zealand must not exceed 22 lb. and to other countries 11 lb.


Limit of size.


66. Parcels must not exceed 3 feet 6 inches in length, or 6 feet in length and girth combined.


Times of posting.


67. Parcels intended to be transmitted by post may be posted at any time when the post office is open for the transaction of business. All parcels should reach the post office 24 hours prior to the time given for closing the ordinary mails.


Prepayment and Posting.


68. The postage on a parcel must be prepaid. A parcel should not be posted in a letterbox. It should be marked "Parcels Post" and presented at the counter of a post office, and the sender, who must himself affix the postage stamps should see that the weight, size, and postage are in order before leaving. The rates of postage will be as provided in the Postal Tariff, vide Appendix I.


Receipts for Parcels.


69. The sender of a parcel may obtain a receipt for it at the time of posting by filling in a form provided by the post office for this purpose, or in a book provided by himself.


70. The address of a parcel must be clearly written in English, on the parcel, and also on the, label if one is attached.


71. The sender's address should be inserted in the parcel. It may be written on the cover, but must be kept distinct from the address to which the parcel is to be sent.


72. No parcel may contain a letter, or any written communication in the nature of a letter, or having the character of actual or personal correspondence. A parcel may, however, contain an invoice of the contents.


Parcels to Different Addresses must not be enclosed.


73. No parcel shall consist of or contain two or more parcels addressed to different persons at different addresses. If such parcel be discovered each of its contents will be treated as a separate parcel and be charged for accordingly.


Methods of Packing.


74. Parcels must be securely and substantially packed as not only to preserve their contents from loss or damage in the post, but also so as not to injure other parcels in the mail, or an officer of the post office-


(a) hats, millinery, and similar articles must be packed in rigid boxes of wood or other material, or in stout "leather-board" boxes with lids extending about two-thirds of the depth of the box, or in strong cardboard boxes, protected externally by cross bars of wood consisting of two frames placed at right angles to one another and fastened together where they cross at the top and bottom;


(b) weighty articles, such as iron castings, must be packed in material such as straw-roping or hay-roping;


(c) musical instruments must be enclosed in stout cases, with sufficient soft internal packing to prevent movement and to prevent damage through jolting;


(d) pictures in frames must be protected on the front and back by stout wooden boards each larger than the frame. Soft packing must be placed firmly between the corners of the frame and the boards, but not so as to press on the glass;


(e) sharp instruments may be transmitted as parcels, but only if the edges and points are carefully covered;


(f) umbrellas, walking-sticks, fishing-rods, and other similar articles must be enclosed in stout cases made of wood at least three-eighths of an inch thick, but the two small ends of such cases may be of lighter wood such as three-ply. Soft interior packing must be used in all cases where the handles are made of brittle or fragile substances;


(g) raw celluloid, and roll and cinematograph films must be packed in a tin case enclosed in a strong wooden box. Any other article composed wholly or partly of celluloid must be enclosed in a strong wooden box. If the lid or bottom or any of the sides of the box is composed of more than one piece of wood, the pieces must be jointed together by means of tongues and grooves. A lining of suitable material must be placed between the upper edges of the box and the lid, and the lid must be firmly screwed down. A white label bearing the word "Films" or "Celluloid", as the case may be, in plain black letters must be affixed to the parcel;


(h) suit, attaché, dressing, and other similar cases must be protected by wooden boards covering the sides;


(i) for liquids, and substances which easily liquefy two receptacles must be used. The outer receptacle must be of strong wood or metal. Between this and the inner receptacle containing the liquid, space must be left all round, and this space must be filled with bran, sawdust, or other absorbent material in sufficient quantity to absorb all the liquid contents in the event of breakage;


(j) powders must have an inner covering securely closed, and a strong outer covering of metal, wood, or leather;


(k) china, crockery, and glass must be firmly packed in rigid metal or wooden boxes with ample soft packing between the article and the top, bottom, and sides of the box;


(l) food and other articles attractive to rats must be packed in receptacles which are rat proof.


75. Parcels irregularly posted will, if fully prepaid at the rate applicable to any other post and admissible by that post, be forwarded as a letter, a printed paper, or a newspaper, otherwise they will be returned to the sender at his expense.


Provision for Safety of Parcels.


76. In any case where any officer of the post office may find it necessary or expedient for the safety or protection of parcels that any parcel should be forwarded or delivered by some later despatch or delivery than that for which the same was posted or despatched, or intended to be posted or despatched respectively, he may delay the despatch or delivery of such parcel, or make such other and special arrangements as to the despatch or delivery thereof, as may be deemed by such officer necessary or expedient in the circumstances of the case.


Redirection.


77. Any parcel may be redirected from its original address, or any substituted address, either to another place within the Kingdom, or to any country or place abroad, and in every case of such redirection there shall be charged on such parcels in respect of such redirection, a new and distinct rate of postage according to the rates for the time being payable in respect of the transmission of a like parcel.


78. The sender of a parcel may request at the time of posting that if the parcel cannot be delivered as addressed it may be either-


(a) treated as abandoned; or


(b) tendered for delivery at a second address in the country of destination. No other alternative is admissible. If the sender avails himself of this facility his request must be written on the parcel and must be in one of the following forms: "If not deliverable as addressed, abandon; if not deliverable as addressed, deliver to ..........................." In the absence of a definite request for abandonment a parcel which is undeliverable at the original address or at the alternative address if one is furnished will be returned to the sender without previous notification and at his expense.


79. Parcels will be treated as undeliverable after having lain at a post office for a period of 30 days.


Parcels not to Interfere with Letter Post.


80. Where the despatch or delivery from a post office in the Kingdom of letters would be delayed by the despatch or delivery therefrom at the same time of parcels, such parcels, or any of them, may be detained in the post office until the despatch or delivery next following that by which they would ordinarily be despatched or delivered.


Disposal of Contents by Controller in Certain Cases.


81. The contents of unclaimed or undelivered parcels which have been returned to Tonga, and cannot be delivered to the sender, will be sold or destroyed as may be directed by the Controller.


Compensation.


82. Parcels will be received and forwarded at the risk of the owners. As an act of grace, however, compensation up to the maximum of $2 may be allowed for total loss of, or damage to, a parcel securely packed and forwarded in accordance with the foregoing regulations. No compensation will, however, be paid for damage to any article inadequately or insecurely packed, or to any of the following articles, viz.: liquids, and substances which easily liquefy, perishable articles, such as eggs, butter, flowers, fruit, confectionery, etc., and fragile articles, such as china, glassware, millinery, gramophone records, etc.


83. In no circumstances will compensation be paid in respect of a parcel which has been lost or has sustained damage or loss of contents through any cause beyond control. Each claim for compensation must be supported by the production of the relative receipt of posting.


Collection of Customs Dues on Parcels Postmaster to Assess Duty on Parcels.


84. When a parcel contains anything liable to duty under the laws relating to Customs, which are now or may hereafter be in force in the Kingdom, the Postmaster at the port or place at which such parcel is landed shall assess the duty payable thereon and shall retain possession of it until the addressee or his authorized agent shall have signed the receipt form and have paid the duty payable.


Parcels Subject to Inspection.


85. Every parcel shall be subject to inspection, in the presence of the owner thereof or his authorized agent, and to valuation by the Postmaster or an officer authorized by him in that behalf.


Parcels to be delivered to addressee.


86. No parcel shall be delivered by the Postmaster except to the addressee thereof or his authorized agent. Every addressee of a parcel wishing it to be delivered to another person on his behalf must sign and deliver to the Postmaster an authority in the form that the Controller may from time to time prescribe.


Production of Invoice.


87. The addressee of every parcel or his agent shall, when required so to do by the Postmaster, produce the invoice (if any) of the contents of the parcel.


Application of Customs Laws.


88. The provisions of the Customs laws relating to the presentation of false Application documents, false declarations, smuggling, and all other matters concerning the collection and payment of Customs duties on goods imported into and exported from the Kingdom shall apply to goods imported or exported through the medium of the Parcels Post.


Importation of Tobacco and Spirits by Parcels Post.


89. Subject to the regulations now in force or that may hereafter be in force, relating the collection of Customs dues on parcels, tobacco (including cigars and cigarettes), and snuff in parcels not weighing more than eleven pounds, and not packed with other goods, and spirits not exceeding one pint in quantity being samples and not packed with other goods, may be imported into the Kingdom by post, notwithstanding the provisions of any Ordinance or Act relating to the collection and payment of Customs duties to the contrary effect.


Redirection.


90. Notices of removal and applications for the redirection of letters, postcards, commercial papers, printed papers, patterns and samples must in all cases be signed by the person to whom the articles are addressed. The printed form of notice, which will be supplied on application at any post office, should be used wherever practicable.


91. Persons presenting redirection orders are required to add their titles: "Mr.", "Mrs.", or "Miss".


92. Changes of address are only recorded for 6 months; and if not renewed before the expiration of that time, correspondence will be sent as addressed.


93. The Department cannot undertake to intercept and re-address before delivery, letters addressed to the care of private box holders, hotels, lodging-houses, and warehouses.


94. The Department will not undertake to intercept postal articles at any office other than that to which they are addressed. Applications for the redirection of letters, etc., should be made directly to the Postmaster of the office to which letters are addressed, and whence they will be redirected.


95. No charge is made for redirection, but articles which are properly prepaid for their first transmission, and on which the complementary postage appropriate to the further transmission has not been paid before their redirection, are charged with a rate equal to the difference between the amount of postage already prepaid, and that which would have been charged if the articles had been despatched in the first instance to the new destination.


96. Articles which have originally circulated free of postage within the Kingdom, are charged with the rate applicable to prepaid articles of the same nature addressed directly from the place or origin to that of the new destination.


97. Correspondence, ordinary or registered, which being wrongly or insufficiently addressed, is returned to the senders in order that they may correct or complete the address, when posted with the address completed or corrected, is considered not as redirected correspondence, but as freshly posted correspondence on which new and distinct rates of postage must be paid.


Franking of Official Correspondence.


98. From Public Department, etc.-


(a) the envelope or cover of any official letter or other packet shall be "franked" under authority of the Prime Minister in either of the following ways-


(i) by the impression of an approved "official frank stamp";


(ii) by the signature and official designation of the Head of the Department, or other duly authorized officer or functionary, on the lower left-hand corner of the envelope or cover;


(b) the envelope or cover shall be superscribed with the words "On His Majesty's Service".


99. General-


(a) no public officer will be permitted to make use of any stamp for franking letters or to frank letters without the authority of the Prime Minister;


(b) Heads of Departments and all Postmasters must exercise vigilance to prevent any abuse of the franking privilege; and any evasion or attempt to abuse the privilege or any departure from the regulations must be reported, with frill particulars to the Prime Minister or to the Controller;


(c) the franking of envelopes, etc., either by means of the franking stamp or by signature, is strictly forbidden, unless the envelopes, etc., contain at the time of franking the official correspondence or matter to be transmitted through the post.


100. The privilege of franking does not apply to correspondence which is intended for transmission beyond the Kingdom.


101. (1) The following officials shall be entitled to send and receive between each other official correspondence through the post free of charge-


His Majesty the King.


Ministers and Heads of Departments (including their representatives in districts outside, Tongatapu).


Police Magistrates.


His Majesty's Secretary.


(2) The official correspondence of the British High Commissioner to Tonga.

(Amended by Act 9 of 1970.)


Disposal of Undelivered Correspondence. Articles to be sent to the Controller.


102. Every Postmaster or other postal officer shall transmit to the controller-


(a) all correspondence in his possession without address or with an illegible address, or containing, or reasonably suspected to contain, any enclosure in fraud or violation of the Post Office Act, or any Act or Ordinance amending the same or any Act relating to Customs, or of any rules or regulations made under the Post Office Act or any Act or Ordinance amending the same;


(b) all correspondence originally posted overseas remaining in his possession undelivered for a period of two calendar months;


(c) all correspondence originally posted within the Kingdom remaining in his possession undelivered for a period of one calendar month.


How Deal With


103. All correspondence remaining undelivered shall be disposed of in the following manner-


(a) postal articles from places beyond the Kingdom shall be returned, unopened, to the Dead Letter Office of the country of origin;


(b) correspondence originally posted within the Kingdom shall be returned to the writer or sender thereof. When necessary all such postal articles may be opened by the Controller, or a duly authorized officer of the Department:


Provided that every such officer shall before he enters upon his duties in this respect make and subscribe before the Controller or a Magistrate a declaration in the form attached to this regulation;


(c) correspondence remaining undelivered either to the addressee, or to the writer or sender thereof, may, unless it contains coin, or valuable or saleable articles, be forthwith destroyed by the Controller or other duly authorized officer of the Department;


(d) correspondence found to contain coin or any valuable or saleable article shall be safely kept, and a list thereof, together with a memorandum of such contents shall be made and preserved for three months at the end of which time the coin shall be paid to the Treasurer, and the valuable or saleable articles may be destroyed or converted into money, as the Controller may with the approval of the Prime Minister direct, and the proceeds thereof shall be paid to the Treasurer;


(e) exceptions-


(i) before undeliverable correspondence on which postal charges may have become due are returned to the senders, such postal charges must be paid by the senders;


(ii) printed papers of no value shall not be returned to the country of origin, or to the senders, unless their return has been asked for by means of a note on the cover.


Declaration


I, A. B. , do declare that I will be true and faithful in the execution of the trust committed to my charge and that I will not intentionally read the contents of any letter or packet which I may open under the provisions of any Act now or hereafter to be in force relating to the post office except so far as it may be necessary for the purpose of ascertaining the name and address of the writer or sender thereof and I will not divulge to any person whatsoever except the Controller or other officer in immediate charge of the post office any of the contents of any such letter or packet.


Declared before me at................................... the................... day of............................... 19.....


....................................

Controller.

Magistrate.


Addressing Correspondence.


104. The address of every postal article should be full and distinct. In the case of towns, the name of the street and the number of the house should always form part of the address. If the addressee is a private-box holder, the number of the box should always be stated.


Postmasters and the Public.


105. No information shall be given respecting correspondence passing through a post office except to the persons to whom they are addressed; and in no other way is official information of a private character allowed to be made public. A Postmaster may, however, give an address if he has reason to believe that the person whose address it is would not disapprove of his doing so.


106. Postal officials may not return any correspondence to the writer or sender, or to any one else, or delay forwarding it to its destination according to the address. Persons desiring the return of a postal article posted by them, must either obtain the consent in writing of the person to whom the same is addressed, or an order from the Controller. Applications for the return of correspondence must be accompanied by a fee of 5s.


107. Postmasters are not bound to weigh letters, books, packets or newspapers for the public, but they may do so if their duty is not thereby impeded. This regulation does not apply to parcels, which are tested both as to weight and size before being accepted.


108. Postmasters are not bound to give change, and when money is paid at a post office, whether as change or otherwise, no question as to its right amount, goodness or weight can be entertained after it has been removed from the counter.


Private Boxes.


109. Locked private boxes may be rented at the General Post Office, Private Nuku'alofa, and at certain of the other post offices, on payment in advance of the fees set out in the Appendix.


110. Each private box is opened and closed from without the office by the holder thereof by means of a door, lock and key, which must be kept in repair at the holder's expense, fair wear and tear alone excepted.


111. The fees for subscribers renting a box shall be calculated from the first day of the month in which they commence, to the thirty-first day of December, and the renewal fee shall fall due on the first day of January following, and must be paid within 14 days from that date.


112. Notwithstanding the provisions of these regulations for payment of annual fees, persons who declare that they are temporary residents only, and who desire to rent a private box for a limited time, may be allowed the use of such box for a period of not less than 3 months and not more than 6 months. In those cases the fee shall be charged from the first day of the month in which the box is taken.


113. Every person who desires to rent a private box, shall, in addition to any other fee payable under these regulations, deposit the sum of $0.50 as a guarantee for the return, in good order, of the key of the box, which deposit shall be refunded on the key being so returned within 14 days from the day on which the tenancy expires; otherwise the deposit shall be forfeited to provide for the cost of fitting a new lock to enable the box to be re-let.


114. A private letter box may be transferred to the successor in business of the original boxholder, upon application being made by both parties, and an undertaking being furnished by the transferee to accept all liabilities and obligations devolving upon the original boxholder at the time of transfer.


115. When a private box is transferred, the right to refund of the deposit, as provided in regulation 113, shall pass to the transferee.


116. The Controller may refuse to let a private box to any person or persons, and may cancel the tenancy of a private box at any time if he considers the box is intended to be, or is being used, for objectionable purposes.


Illegal Detention of Mail Bags.


117. Any person who is found to have in his possession or uses unauthorisedly, any mail bag, mail hamper, or mail receptacle the property of the post office of Tonga, or of the post office of any other country shall be deemed guilty of a misdemeanour and shall on conviction thereof be liable to a fine not exceeding $10.


Freight on Mails Beyond The Kingdom.


118. The following rates shall be paid to every master or person in charge of any vessel (not being a vessel under contract to carry mails) about to depart from the Kingdom to or for any place beyond the Kingdom, who receives on board thereof any mail packet, mail bag, or mail hamper for the purpose of conveying the same beyond the Kingdom, and according to the direction thereof-


"(a) For every kilogram of letters or postcards, the sum of $1;


(b) For every 50 kilogram of other articles, the sum of $3."

(Amended by G. S. 69/77.)


British Postal Orders.


119. There shall be a regular exchange of British Postal Orders, between such post offices within the Kingdom as the Prime Minister may from time to time direct, and between the Kingdom and Great Britain and Northern Ireland, the Irish Free State, and all British Dominions, Colonies, and Protectorates participating in the Imperial Postal Order scheme.


Note: For post offices within the Kingdom at which Postal Order business may be transacted, see official "Lists of Post Offices" published from time to time.


120. The maximum amount for which a Postal Order may be issued in the Kingdom shall be $2.10.


121. The amounts and the rates of poundage to be charged on the issue of Postal Orders shall be as shown in the Postal Tariff vide Appendix I.


122. Postal Orders shall be issued and paid in the Kingdom at the General Post Office, Nuku'alofa, and at post offices at Ha'apai and Vava'u and such other places as the Prime Minister may direct.


Note: See official "List of Post Offices", published from time to time.


123. The purchaser of a Postal Order may increase its value by an amount not exceeding 5s. by affixing Tongan postage stamps not exceeding three in number to the face of the order; but no such addition may include a fractional part of a seniti.


124. If an order be not paid within 6 calendar months from the last day of the month of issue, a commission equal to the original poundage will be charged. The commission thus paid must be affixed in postage stamps to the back of the order. Postal Orders presented for payment more than 6 months after the month of issue shall not be paid until reference has been made to London. (Amended, G. 39/36.)


125. The purchaser of a Postal Order shall fill in the name of the person to whom it is to be paid, and as a precaution in the case of the loss of the order, he should also fill in the name of the office of payment.


126. The payee shall, before payment can be made, sign the receipt at the foot of the order and shall also fill in the name of the office of payment, if that has not been already done.


127. After a Postal Order has once been paid to whomsoever it has been paid, the Controller will not be liable to any further claim.


128. If a Postal Order be crossed, payment will only be made through a banker; and, if the name of a banker be added, payment will only be made through that banker,


129. No Postal Order shall be paid unless the name of the payee be inserted in the body of the order.


130. If any erasure or alteration be made, or if the order be cut, defaced, or mutilated, payment may be refused.


131. The rules for Postmasters and Sub-Postmasters governing Postal Order transactions, as published by the Imperial Post Office, shall be referred to in all cases which do not come within the scope of the foregoing regulations.


Money Orders - General.


132. There shall be a regular exchange of Money Orders between such post offices within the Kingdom as the Prime Minister may from time to time direct, and between the Kingdom and the following countries, viz.: New Zealand, Fiji, Australia and such other countries, through the intermediary of the General Post Office of Australia, as are published in the Post Office Guide of the Commonwealth.


Scope of the Service.


Note: For post offices within the Kingdom at which Money Order business may be transacted, see official: "List of Post Offices" published from time to time.


Maximum Amount for Money Orders.


133. The maximum amount for which a single Money Order may be drawn in the Kingdom shall be $80, and the Controller of the Post Office shall have the power to limit the total amount of such Money Orders that may be drawn by any one person in any period of one calendar month.
(Amended, G. 126/47.)


Payments - How to be made.


134. All payments for Money Orders, whether by or to the public, shall be made in currency notes or in gold, or in other legal tender.


No fractional Part of a Seniti Allowed.


135. No Money Order may contain a fractional part of a seniti.


Commission.


136. The rates of commission to be charged on the issue of Money Orders shall be as shown in Appendix I.


Mode of Application for Money Orders.


137. When applying for Money Orders the public must use the printed requisition form supplied gratuitously at all Money Order Offices.


Particulars Required for a Money Order.


138. (1) With the under-mentioned exceptions, the applicant for every Money Order shall be required to furnish, if possible, the full surname and Christian or personal name (or at least the initial of one Christian or personal name) both of the remitter and payee. If, however, a Christian or personal name or an initial cannot be given, an order may nevertheless be issued at the remitter's risk. In the case of natives of India, the name, tribe or caste, father's name, and full address of both remitter and payee must be furnished.


(2) If the remitter or payee be a peer or bishop, his ordinary title will be sufficient, and in the case of a firm, or company, the usual designation of such firm or company will suffice.


(3) The remitter, on stating that the order is to be paid only through a bank, shall have the option of giving or withholding the name of the payee. In such a case the officer drawing the order must cross it in the way commonly adopted for cheques when they are intended to be paid through a bank.


Form of Money Order.


139. Every Money Order and advice shall be drawn on the authorized form only.


Orders not to be Paid unless Advices bear stamp of Exchange Office.


140. No order will be paid unless the corresponding advice has been previously received and bears the stamp of the Exchange Office of the country of issue.


Payment of Orders.


141. Money Orders drawn on any Money Order Office, Tonga, shall be subject, as regards payment, to the following condition-


(a) if, when an order is presented for payment it is properly receipted, and the name of the remitter, as furnished by the applicant, is in agreement with the advice, it will be paid unless the Postmaster has good reason for believing that the applicant is neither the payee nor his agent. In the case of a Money Order payable to a limited liability company, corporation, or society the name of the company, corporation, or society must be stamped or written in the receipt space, and below it must appear the signature of some responsible officer, such as secretary, manager, director, treasurer, or accountant, with a description of his official position;


(b) if payment of an order be refused, in consequence of the remitter's name not being furnished correctly, or in consequence of the signature on the order not corresponding with the entry on the advice, the applicant for payment should communicate with the remitter, and request him to apply to the issuing Postmaster;


(c) payment of a Money Order is subject to the possession by the Postmaster of the paying office of sufficient funds, and delay is possible, especially in the case of orders for large amounts drawn on small offices.


142. The orders issued by Tonga on any other country, shall be subject, as regards payment to the rules which govern the payment of Money Orders in the country on which they are drawn.


Stoppage of Payment of an Order to be effected in the Country where the Original Order was Payable.


143. On the receipt of a written request to stop payment of a Money Order from either the remitter or the payee, or from the administration of the country of issue, instructions to stop payment shall be given from the Money Order Office, Nuku'alofa, to the Postmaster at the office where an order is made payable.


Alteration of Name, etc. and Requests for Repayment.


144. When it is desired that an error in the name of the remitter or of the payee should be corrected, or that the amount of a Money Order should be repaid to the remitter, application must be made by the remitter to the Money Order Office at which the order was issued. A fee of 10 seniti shall be payable in each case of an alteration in name.


Repayment not to be made until Payment has been stopped.


145. Repayment whether of an original or duplicate order will not be made to the remitter until it has been ascertained, though the chief office of the country of payment that the order has not been paid, and until an authorization for such repayment shall have been obtained from the country where such order is payable.


Lost Orders - Issue of a Duplicate.


146. Duplicates of lost or destroyed orders may be granted on payment of a fee of 10 seniti. In the case of orders issued for payment within the Kingdom an application form containing the necessary particulars and accompanied by the prescribed fee must be sent to the Money Order Office, Nuku'alofa, where the duplicate will be issued.


147. Applications for duplicates of lost orders drawn in Tonga for payment in other countries must be made direct by the payees to the chief office of the country of payment.


Void Orders.


148. Money Orders issued in Tonga for payment within the Kingdom, which are not paid within a period of 6 months after the month in which they are issued become forfeited, and the proceeds thereof shall be paid to the Treasurer. When, however, a good and sufficient reason can be furnished for the delay in presenting such orders, an application for payment will be considered, subject to the payment of a fee of 10 seniti.


149. Money Orders issued in countries with which Tonga has entered into an agreement for the exchange of Money Orders shall be valid for a period of 12 months after the month in which they are issued. At the expiry of the period of validity any such orders unpaid shall be returned to and shall remain at the disposal of the country of issue.


Through Orders.


150. In cases where Money Orders are drawn in Tonga on countries with which no agreement has been entered into for the exchange of Money Orders, such orders shall be transmitted through an intermediate country, and shall be subject to such additional charges for commission as may be levied by the intermediate country. The additional commission must be added to the amount of the orders.


151. If repaid, the additional commission levied on "Through" orders shall not be refunded.


Non-liability of Controller.


152. After once paying a Money Order, by whomsoever presented, the Non-liability Controller is not liable to any further claim nor is he liable to pay compensation for loss or injury arising out of delay in payment of a Money Order, or out of any other irregularities in connection with an order.


_______


APPENDIX I


G. 285/85, G.S. 91/67


POSTAL TARIFF – RATES OF POSTAGES


PART I – WITHIN THE KINGDOM


Division 1 – Surface Mail Charges


Category

Maximum Weight
Letter
5 seniti for every 15 grams or fraction thereof

Postcard
Single: 4 seniti each

Printed papers,
10 seniti for the first 100 grams or fraction thereof and 7 seniti for each additional 100 grams or fraction thereof.
2kgs P/Papers
5kgs books
Small Packet and other articles
12 seniti for every 100 grams or fraction thereof
500 grams
Parcels (Articles over 500 grams)
35 seniti for the first 500 grams and 17 seniti for each additional 500 grams or fraction thereof.
10kgs

Division 2 – Air Mail Charges


Category

Maximum Weight
Letter Mail
15 seniti for every 15 grams or fraction thereof

Postcard, Greeting Cards and Aerogrammes
10 senti each

Printed papers, newspapers, small packet and other articles of mail
50 seniti for the first 500 grams and 35 seniti for each additional 500 grams or fraction thereof.

Parcels (Articles over 500 grams)
18 seniti for every 100 grams or fraction thereof.


Division 3 – Miscellaneous Fees


Category


Domestic Registration
$1 for all items other than parcels
Maximum amount of compensation $12.00
Parcels Insurance Fee
$1 up to $30 and 50c for each additional $30 or fraction thereof.
Maximum insurance value of $500.

PART II - BEYOND THE KINGDOM


Division 1 – Surface Mail Charges


Category
To all overseas countries
Maximum Weight
Letters
30 seniti for the first 25 grams or fraction thereof and 15 seniti for each additional 25 grams or fraction thereof.

Postcard
20 seniti each
2kgs P/Papers
Printed papers and books
20 seniti for the first 50 grams or fraction thereof.

Newspapers
15 seniti for the first 50 grams or fraction thereof and 9 seniti for each additional 50 grams or fraction thereof.
1kg
Small Packet Phonopost
30 seniti for each 50 grams or fraction thereof.
500 grams


To a country included in Zone

Parcels
Zone 1. $2.60 for the first kilogram or fraction thereof and $1.20 for each additional kilogram or fraction thereof.


Zone 2. $4.20 for the first kilogram or fraction thereof and $1.80 for each additional kilogram or fraction thereof.


Literature for the Blind
Free to all destinations
Maximum Weight 10 kgs

Division 2 – AIR MAILS


Categories


The categories of mail despatched by Air Mail below at the postage rates shown are as follows:


(a) Letters;


(b) Postcards and Greeting Cards;


(c) Aerogrammes;


(d) Other articles comprising the types of matter, samples, phonopost and small mail;


(e) Newspaper; and


(f) Parcels.


Aerogrammes must not contain an enclosure or have an attachment. Aerogrammes will be accepted for registration, but if acknowledgement of delivery at place of destination is required the whole article must be paid at their air-rate appropriate to letter mail.


To a country included
Letter per 15 grams
Postcards and Greeting Card per 15 grams
Other Articles per grams Maximum Weight 250 grams
Newspaper/Printed Matter per 50 grams Maximum Weight 250 grams
Zone
1.
2.
42 seniti
57 seniti
32 seniti
32 seniti
47 seniti
$1.50
30 seniti
55 seniti

Parcels (articles not less than 250 grams-maximum weight 10 kgs)


To a country included in Zone


ZONE 1. $3.50 for the first 250 grams $1.56 for each additional 250 grams or fraction thereof.


ZONE 2. $4.50 for the first 250 grams and $2.00 for each additional 250 grams or fraction thereof.


Aerogrammes

32 seniti to all destinations


Literature for the Blind

10 seniti for each 50 grams to all destinations Maximum Weight: 7 kgs


Overseas Registration: (Surface Mail & Air Mail)


$1.20 Maximum amount of compensation T$15.00


Parcels Insurance Fee (Surface Mail and Air Mail)

$2 up to $50 and $1 for each additional $50 or part thereof. Maximum insurance value $500.


PART III-MISCELLANEOUS FEES


(a) Overseas Advice of delivery card .......................
30 seniti
(b) Storage Charge for parcels after 1 week ...............
10 seniti per day
(c) Inquiry Charge (Tongatapu only) .......................
cost of postage
(d) Request for withdrawal from the post of alteration of address ......................................................
30 seniti
(e) Late fee-Registered Mail Parcels and packets .........
30 seniti
(f) Rental of mail boxes-Large ...............................
Small .................................
$24.00 per annum
$16.00 per annum
(g) Private Mail Bag ..........................................
$12.00 per annum

PACIFIC ISLANDS IN ZONE 1


American Samoa
Australia
Canton Island
Caroline Islands
Chatham Is.
Christmas Is.
Cook Islands
Federated States of Micronesia
Midway Is.
Nauru
New Britain
New Caledonia
New Zealand
Niue
Norfolk Is.
Ocean Is.
Papua New Guinea
Fiji
French Polynesia
Guam
Hawaii
Kiribati
Line Islands
Marianas Islands
Marshall Is.
Pitcairn Is.
Solomon Is.
Tahiti
Tokelau Is.
Tuvalu
Vanuatu
Wake Is.
Wallis & Futuna
Western Samoa

BALANCE OF WORLD POSTAL ADMINISTRATIONS OTHER THAN THOSE LISTED ABOVE ARE IN ZONE 2.


PART IV – MONEY ORDERS


SUBSTITUTED BY G.S. 3/68


COMMISSION


The commission (to be paid on issue) is as follows:-


If payable within the Kingdom-


5 seniti for each $10.00 or fraction thereof;


If payable beyond the Kingdom-


5 seniti for each $2.00 or fraction thereof with a minimum charge of10 seniti.


PART V-BRITISH POSTAL ORDERS


SUBSTITUTED BY G.S. 3/68


British Postal Orders are available for transmission of money within Kingdom and to any country within the sterling area (except Australia)


PART VI


G.S. 91/67


PRIVATE LETTER BOXES


Annual rental


for a small box............................. $4.00


for a large box............................. $6.00


_________


SECTIONS 4 AND 5 - Postal (Insured Articles) Regulations


G.143/36, G.143/50, G. 173/50


Short title.


1. These Regulations may be cited as The Postal (Insured Articles) Regulations and shall be read together with the Postal Regulations (hereinafter referred to as the principal regulations).


Insurance.


2. (1) The insurance system is restricted to letters, boxes, and parcels.


(2) Letters and boxes tendered for insurance shall be accepted at the Post Offices at Nuku'alofa and Neiafu (and at such other Post Offices as Privy Council may from time to time direct).


3. The regulations under which letters and boxes shall be accepted for insurance by the post office shall be subject to such alterations and amendments as may be adopted from time to time by the Agreement of the Universal Postal Union.


4. The fees payable for insurance including registration shall be as shown in the Appendix hereto. The maximum amount for which an article may be insured is $800.


Provided always that articles may not be insured for an amount higher than the maximum fixed by the regulations of the country of destination.


5. The following general conditions must be observed by the senders of insured articles-


(a) articles intended for insurance must be presented at the post office counter, and on no account are to be posted in the letter boxes;


(b) no labels may be affixed except those of the postal service;


(c) seals must be placed over each flap or seam of the cover of a packet, and if the packet is tied round with string or tape a seal must be placed on the ends where they are tied;


(d) all the seals on an insured article must be of the same kind of wax (or lead in the case of parcels) and must bear distinct impressions of the same private device. Coins must not be used for sealing and the device must not consist merely of straight, crossed, or curved lines which could readily be imitated;


(e) as few stamps as possible should be used to prepay the postage and insurance fee. They must not be folded over the edge of the cover, and, when more stamps than one are used, they must be affixed with spaces between them;


(f) insured articles must not be addressed to initials or in pencil;


(g) a certificate of posting must be always obtained by the sender;


(h) the amount for which an article is insured must be written by the sender both in words and in figures, at the top of the address side of the cover, thus: "Insured for fifteen pa'anga $15". No alteration or erasure of the inscription is allowed. If a mistake is made, the entry must be completely obliterated and an entirely new one made by the sender;


(i) no article can be insured for more than its actual value. Over insurance is an obstacle to compensation;


(j) the fee must be prepaid in addition to the full postage by means of postage stamps, which the sender must affix to the cover.


Conditions Specially Applicable to Insured Letters.


6. Letters to which the insurance system is applicable are those which contain bank notes, currency notes, bonds, coupons, securities, and other documents of the kind. Documents of value such as deeds, plans, contracts, autographs, are manuscripts, etc., may also be sent by insured post, provided that where documents have value by reason of the cost of their preparation, the insured value may not exceed the cost of replacing them in case of loss.


7. Postcards, packets of printed or commercial papers, samples packets, or letters which contain articles other than documents, cannot be insured.


8. (1) Every letter tendered for insurance must be enclosed in a strong cover made up in one piece, which must be securely fastened by means of identical seals in fine wax, with spaces between, reproducing a private mark, in such a way that it cannot be opened without either breaking the seals or leaving obvious traces of violation.


(2) Envelopes with black or coloured borders or with transparent panels must not be used.


(3) Spaces must be left between the stamps used for prepayment, and also between the postal labels, so that they cannot serve to hide injuries to the envelope. They must not be folded over the two sides of the envelope so as to cover the edge.


(4) The seals on an ordinary envelope should be placed as shown below-




(5) In the case of long envelopes with a seam down the centre, the seam should be secured with seals placed not more than three inches apart.


(6) Letters which, although addressed to a country or place to which the insurance system does not extend, have been irregularly insured, will be returned to the senders.


Prohibited Articles.


9. The following prohibitions additional to those detailed in regulations 55 and 56 of the Principal Regulations shall apply to insured letters-


(a) articles liable to Customs duty, except when addressed to countries which admit dutiable articles forwarded in letters;


(b) coin;


(c) gold or silver, manufactured or not, precious stones, jewellery and other valuables.


Dimensions and Restrictions.


10. Regulations 2 to 4 inclusive of the principal regulations are also applicable to insured letters.


Conditions Specially Applicable to Insured Boxes.


11. Articles of gold and silver, precious stones, jewellery, and articles of a like nature may be sent in the letter mails as insured boxes.


12. An insured box may not exceed 2 1b in weight and may not measure more than 12 inches in length, 4 inches in breadth, and 4 inches in height. The box employed for packing must be strongly made of metal or wood, and when a wooden box is used the wood must be at least one-third of an inch thick.


13. An insured box must be tied crosswise with a single strong string (not two or more pieces joined) the two ends of the string being held together under a seal of fine wax bearing a private mark. The box must also be sealed on the four sides with seals identical with that used for the ends of the string. The box must not be wrapped in paper, but the surfaces of the top and bottom must be covered with white paper for the inscription of the addressee's name and address and the insured value of the contents and for the impression of the official stamps.


14. An insured box being subject to the Customs Regulations and laws of the country of destination, it must be accompanied by the requisite number of Customs declaration forms prepared by the sender.


15. The Customs declaration forms used for parcels may be adopted so as to apply to insured boxes, by altering the heading to "Insured Boxes" or "Boites avec valeur declares". They must specify precisely the style of packing and include a description of the box, its gross weight, and the total value of the contents.


16. The net weight and value of each of the different kinds of articles contained in an insured box must be shown separately.


17. The following prohibitions, additional to those detailed in regulations 55 and 56 of the principal regulations shall apply to insured boxes-


(a) letters or notes having the character of actual and personal correspondence. It is, however, permissible to enclose in the box an open invoice confined to the particulars which constitute an invoice, and also a simple copy of the address of the box, and of the sender;


(b) Current coin;


(c) bank notes, or securities payable to bearer;


(d) bonds and articles included in the category of commercial papers;


(e) opium, morphine, cocaine, and other narcotics. (This prohibition does not, however, apply to such articles sent for medical purposes to countries which admit them under this condition.)


Redirection.


18. Redirection to countries with which the Post Office does not exchange insured articles of the class concerned, cannot be effected.


Advices of Delivery and Inquiries.


19. The sender of an insured article may have sent to him an advice of the delivery of the packet to the addressee, or may subsequent to the posting of the article apply for information as to its disposal, on payment of a fee of 3s.


Compensation.


20. Compensation for the loss or damage of an insured article or its contents in the post shall not exceed the amount of the actual loss or damage, and shall not be paid on prohibited articles, or articles which have been taken delivery of without remark, or for damage or loss caused by the fault or negligence of the sender, or arising from the nature of the article, or from tempest, shipwreck, earthquake, war, the acts of the King's enemies, or other causes beyond control. Compensation shall not be paid for the loss or damage of any article in respect of which the relative official documents have been destroyed through a cause beyond control.


21. No claim for compensation shall be admitted if made more than a year after the article was posted.


22. The sender of an article may waive his claim to compensation in favour of the addressee.


23. No legal liability to give compensation in respect of any article for which an insurance fee has been paid attaches to the Controller either personally or in his official capacity. The final decision upon all questions of compensation rests with the Postal Administration of the country in which the loss or damage has taken place.


24. Any insurance effected contrary to the foregoing regulations is invalid.


Insurance of Parcels.


25. Parcels tendered for insurance shall be accepted at the post offices of Nuku'alofa and Neiafu (and at such other post offices as Privy Council may from time to time direct), for transmission to, and delivery at, any post office within the Kingdom and to Great Britain and Northern Ireland, Australia, New Zealand and such other countries as the Controller may from time to time notify in the Gazette.


26. Every insured parcel must be packed carefully and substantially with due regard to the nature of the contents and the length of the journey and must be sealed with wax, lead, or steel, bearing a private mark in such a way that it cannot be opened without breaking the seal or leaving obvious traces of violation. For insurance seals must be placed over each joint or loose flap of the coverings of a parcel, and, if string be used in packing, a seal must be placed at the ends of the string where they are tied.


27. Parcels containing coin or bullion, watches, precious stones, jewellery or any article of gold or silver must be insured for at least part of their value. They must be enclosed in a strong box or case, which must be sewn up, or otherwise fastened in a wrapper of linen, canvas, strong paper, or other substantial material. In such cases the seals must be placed along the edges of each join or loose flap at distances not more than three inches apart. The address of every such parcel must be written on its actual covering. If forwarded uninsured, such parcels will be charged with a compulsory registration fee of 5s. on delivery.


28. Parcels containing any of the following articles may not be insured against damage, but they may be insured against loss only, on payment of fees on the same scale as those for insurance of other articles against loss or damage, viz.: liquids and substances which easily liquefy, perishable articles, such as eggs, butter, flower, fruit, confectionery, etc., and fragile articles, such as china, glassware, millinery, gramophone records, etc.


29. Every parcel, posted within the Kingdom containing jewellery exceeding $200 in value, must be packed in a box measuring not less than three feet six inches in length and girth combined.


30. The general regulations regarding insurance (numbers 2 to 5 inclusive) herein are applicable also to parcels.


________


APPENDIX


INSURED LETTERS, BOXES AND PARCELS


Fees Payable for Insurance, including Registration


Fee
Limit of Compensation
Fee
Limit of Compensation
Fee
Limit of Compensation

$

$

$
7s.
30
47s.
390
87s.
750
9s.
60
49s.
420
89s.
780
13s.
90
53s.
450
93s.
810
17s.
120
57s.
480
97s.
840
19s.
150
59s.
510
99s.
870
23s.
180
63s.
560
$1.03
900
27s.
210
67s.
570
$1.07
930
29s.
240
69s.
600
$1.09
960
33s.
270
73s.
650
$1.13
990
37s.
300
77s.
660
$1.17
1000
39s.
330
79s.
690


43s.
360
83s.
720


(Substituted, G. 143/50.)





The postage on insured boxes is at the rate of 5s. postage of 21s.
(Added, G. 173/50.).


-----------------------------


PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.paclii.org/to/legis/consol_act/poa125