Telegraph Act
1988 Revised Edition
C
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TELEGRAPH ACT
Telegraph Act CAP. 99 Arrangement of Sections
1988 Revised Edition
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Page 3
C
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TELEGRAPH ACT
Arrangement of Sections
Section
1 Short title..........................................................................................................5
2 Interpretation....................................................................................................5
3 Power to make regulations...............................................................................6
4 Additional powers............................................................................................6
5 Telegram having priority. ................................................................................7
6 Other telegrams to be sent in order received....................................................7
7 Delaying telegrams. .........................................................................................7
8 Telegrams to be prepaid...................................................................................7
9 Fees recoverable by civil action.......................................................................7
10 Fraudulently marking time on telegram...........................................................8
11 Officer may not give evidence of contents of telegram. ..................................8
12 Exceptions........................................................................................................8
13 Prime Minister may by warrant require production of telegram......................8
14 Telegram to be stamped before delivery..........................................................9
15 Stamped telegram prima facie evidence of certain matters. ............................9
16 Certain matters need not be proved. ................................................................9
17 Protection of officer. ........................................................................................9
18 No malicious publication. ................................................................................9
19 Investigation if contents improperly divulged. ..............................................10
20 No privilege in investigation..........................................................................10
21 Declaration by officers...................................................................................10
22 Offence to divulge contents. ..........................................................................10
23 Saving. ...........................................................................................................10
24 Offences. ........................................................................................................10
25 Copyright in press telegram. ..........................................................................11
26 Period of copyright. .......................................................................................11
Arrangement of Sections CAP. 99 Telegraph Act
1988 Revised Edition Page 4
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27 Multiple press telegrams. ...............................................................................11
28 Time of receipt to be published......................................................................11
29 Wrongful publication. ....................................................................................12
30 Proceedings to be commenced within one month. .........................................12
31 Evidence. ........................................................................................................12
32 Offences by officers. ......................................................................................12
33 Wrongful use of forms. ..................................................................................12
34 Prosecution before Magistrate........................................................................12
SCHEDULE 13
DECLARATION BY TELEGRAPH OFFICER...................................................13
Telegraph Act CAP. 99 Section 1
1988 Revised Edition
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C
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TELEGRAPH ACT
Acts Nos. 10 of 1958, 3 of 1960, 17 of 1983, 46 of 1988
AN ACT FOR THE REGULATION OF THE ACCEPTANCE,
TRANSMISSION AND DELIVERY OF TELEGRAMS
Commencement [30th September, 1958]
1 Short title.
This Act may be cited as the Telegraph Act.
2 Interpretation.
In this Act—
“Commission” means the Tonga Telecommunications Commission;
(Inserted by Act 17 of 1983.)
“radio-telegram” means any despatch, message or other communication
originating in or destined for a ship or aircraft station, and which is
transmitted over all or part of its route by means of the radio-
communication service or the mobile service;
“telegram” means any despatch, message or other communication
conveyed or transmitted, or presented at a telegraph office for
transmission, by an electric line, or by any other means in which
electricity is used, including radiocommunication, and includes a radio-
Section 3 CAP. 99 Telegraph Act
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telegram unless otherwise specifically stated; (Amended by Act 46 of
1988.)
“telegraph” means an electric line or any other apparatus used for the
purpose of telegraphic communication;
“telegraph office” means any office or place at which telegrams are
received from, or transmitted to, any place;
“telegraph officer” means any person employed, whether permanently or
temporarily, in the Telegraph Branch of The Tonga Telecommunications
Commission. (Amended by Act 17 of 1983.)
3 Power to make regulations.
The Prime Minister may, from time to time, with the consent of Cabinet, make
regulations for the following purposes—
(a) the management, working, and maintenance of any telegraph, and
the conduct and employment of any officers or persons engaged in
connection therewith;
(b) the transmission of all telegrams by means of any electric line or by
radio, and for the delivery thereof, and for the disposal of all
unclaimed or undelivered telegrams;
(c) prohibiting the transmission of telegrams of a nature or character to
be defined by such regulations, and authorising officers of the
Commission to determine in the case of any telegram whether such
telegram is within the definition of any such prohibited class;
(d) fixing and determining the fees and rates to be demanded and
received for the transmission of telegrams, and for the forwarding
thereof for delivery respectively, and the modes and times of
payment, and by and from whom such fees and rates may be legally
recovered;
(e) for the destruction of all original and office copies of telegrams
received or kept in any office under the charge or control of the
Prime Minister after the expiration of such period of time as may be
deemed expedient.
4 Additional powers.
The powers to make regulations conferred by section 3 shall include, and be
deemed at all times heretofore to have included, power to make regulations for
any or all of the following matters—
(a) the inspection of the original of any telegram or of an office copy of
any telegram by the person to whom such telegram is addressed, or
Telegraph Act CAP. 99 Section 5
1988 Revised Edition
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by the person by whom or in whose name it is sent, or by the
authorised agent of any such person;
(b) the furnishing of certified copies of any telegram to any person
entitled to inspect the original or an office copy thereof;
(c) fixing fees to be paid for the inspection of any telegram or for a
certified copy of any telegram.
5 Telegram having priority.
All telegrams relating to matters affecting the Government or Public Service of
Tonga presented for transmission by any officer in the Civil Service duly
authorised to present such telegrams, and all telegrams relative to the arrest of
criminals or accused persons, the discovery or prevention of crime, or matters
connected with the administration of justice, may be transmitted in priority to
any other telegrams except those relating to safety of human life.
6 Other telegrams to be sent in order received.
Subject to section 5 it shall be the duty of all officers or other persons employed
in the working of any telegraph to transmit all telegrams which may be lawfully
transmitted under this Act or any regulations for the time being in force
thereunder in the order in which they may be received, and every officer or
person who offends against this provision is liable to a fine of not less than $2
and not exceeding $40.
7 Delaying telegrams.
Any telegraph officer or other person employed in or about the working of any
telegraph who, through neglect of his duty, unnecessarily delays the
transmission or delivery of any telegram is liable to a fine of not less than $10 or
not more than $40.
8 Telegrams to be prepaid.
Unless otherwise directed by any regulation, no person shall be bound to
transmit any telegram unless the fee or rate for transmission and delivery of such
telegram, if demanded, has been previously paid.
9 Fees recoverable by civil action.
In case of refusal or neglect of payment of any fee or rate authorized to be
charged or received by or under this Act, or any part of any such fee or rate, on
demand, to the person appointed or authorized to receive the same, the same
Section 10 CAP. 99 Telegraph Act
1988 Revised Edition Page 8
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may be sued for and recovered by civil action in the name of the General
Manager of the Tonga Telecommunications Commission, or such other officer
as shall be authorized by the Prime Minister to take such action. (Amended by
Act 17 of 1983.)
10 Fraudulently marking time on telegram.
Every person commits an offence and is liable to a fine not exceeding $100 who
fraudulently marks any telegram so as to lead any person to believe that such
telegram was received for transmission or delivery, or was transmitted or
delivered, at a time other than the time when it was in fact so received,
transmitted, or delivered, or who counsels, procures, aids, abets, or incites any
other person so to mark any such telegram.
11 Officer may not give evidence of contents of telegram.
Except as hereinafter provided, no officer or other person employed in or about
the working of any telegraph shall on the trial of any issue, whether criminal or
civil or of any matter or question, or on any inquiry in any Court of Justice, or
before any person by law or by consent of parties authorized to hear, receive,
and examine evidence, be competent or compellable to give evidence of the
contents of any telegram transmitted or conveyed or presented to be transmitted
or conveyed by any such telegram, nor to produce under any writ of subpoena,
summons, or order the original of any such telegram signed by or on behalf of
the sender.
12 Exceptions.
The provisions of section 11 shall not apply—
(a) if the person by or to whom any such telegram as aforesaid has
been sent or addressed notifies the Prime Minister in writing that he
desires that any such officer or other person aforesaid may give
such evidence or make such production as aforesaid; or
(b) to the case of any proceedings in respect of any offence, whether
punishable on indictment or otherwise, if the Prime Minister is
satisfied that such evidence or production is necessary or expedient
in the interest of justice, and in writing directs accordingly.
13 Prime Minister may by warrant require production of telegram.
Where it appears to the Prime Minister that it is expedient in the public interest
that any telegram or any copy of any telegram which is in the possession of or
under the control of the Commission should be communicated to him he may by
Telegraph Act CAP. 99 Section 14
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warrant under his hand require the person for the time being in charge of the
Commission to produce to him the said telegram or a copy thereof and all papers
in connection therewith. On receipt of the said warrant signed by the Prime
Minister as aforesaid the officer in charge of the Commission shall forthwith
produce to the Prime Minister the documents specified therein. (Added by Act 3
of 1960.)
14 Telegram to be stamped before delivery.
Every telegram when received at its destination or a duplicate of such telegram
shall before the delivery thereof to the person to whom the same is addressed be
stamped or initialled by the officer receiving the same.
15 Stamped telegram prima facie evidence of certain matters.
Such telegram or duplicate purporting to have been so stamped or initialled shall
be admissible in every Court of Justice and in every judicial or Ministerial
examination or proceeding as prima facie evidence of the matter therein
contained being the same as that stated in the original telegram left for
transmission, and of such original telegram having been duly signed and
delivered for transmission by the person by whom the same purports to be
signed.
16 Certain matters need not be proved.
It shall not be necessary to prove the signature of the person purporting to have
signed such original telegram, or that the same was left at any telegraph office
for transmission, nor to prove the stamp or initials of the officer receiving such
transcript for delivery.
17 Protection of officer.
No officer or person employed in or about the working of any telegraph shall be
liable to any indictment, information, or other criminal proceedings, or to any
action for damages, by reason of his having as such officer or other person
transmitted or conveyed or taken part in transmitting or conveying by any such
telegraph any defamatory matter.
18 No malicious publication.
Any communication transmitted by any telegraph which would be deemed a
privileged communication if published only to the person to whom it is
addressed, shall not be deemed to have been maliciously published by reason
Section 19 CAP. 99 Telegraph Act
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merely of its having been published to any officer or other person employed as
aforesaid for the purpose of being transmitted by such telegraph to the person to
whom it is addressed.
19 Investigation if contents improperly divulged.
His Majesty in Council may order any person or any committee of persons to
investigate any allegation that the contents of any telegram have been
improperly divulged or that any telegram has been unlawfully published.
20 No privilege in investigation.
Provided the necessary permission is given by the Prime Minister pursuant to
section 12 hereof no person shall be excused from answering a question put to
him in any proceedings under section 22 on the ground of privilege or on the
ground that the answer to such question may criminate or tend to criminate him.
21 Declaration by officers.
Every telegraph officer shall, before entering on the duties of his office make
and subscribe before a person authorized to take statutory declarations, a
declaration in the form in the Schedule hereto.
22 Offence to divulge contents.
Any officer or person employed in the working of any telegraph who improperly
divulges in whole or in part the contents of any telegram transmitted or
presented for transmission by any such telegraph, or the purport of such
telegram, is liable to a fine not exceeding $100 or to imprisonment with hard
labour for a period not exceeding 6 months.
23 Saving.
Nothing herein shall prevent the person duly authorized in that behalf from
giving copies of any telegram to the person entitled thereto.
24 Offences.
Every person is liable to a fine not exceeding $100 or to imprisonment for any
term not exceeding one year, or to both such fine and imprisonment who—
(a) wilfully sends or delivers or causes to be sent or delivered to any
public officer, operator, clerk, or servant, for the purpose of being
Telegraph Act CAP. 99 Section 25
1988 Revised Edition
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transmitted as a telegraphic message, any telegram or writing which
purports to be signed or sent without such person's authority; or
(b) wrongfully signs any telegram with the name of any other person
without such person's authority, or with the name of some fictitious
person; or
(c) wilfully and without the authority of the sender alters any telegram
or writing.
25 Copyright in press telegram.
Where any person, in the manner hereinafter mentioned, publishes in any
newspaper, or other printed paper published in Tonga, any telegram lawfully
received by such person from any place outside Tonga for publication, no other
person shall, without the consent in writing of such first-mentioned person or his
agent thereto lawfully authorized, print or publish, or cause to be printed or
published, such telegram or the substance thereof or any extract therefrom until
after the period of 18 hours from such first-mentioned publication.
26 Period of copyright.
Such period shall not extend beyond 24 hours, or, if Sunday intervenes, beyond
48 hours, from the time of receipt of such telegram; and the publication of the
whole or any part of such telegram, or of the substance thereof, or (excepting the
publication of any similar telegram in like manner sent from the same place) of
the intelligence therein contained shall be deemed to be a publication of the
same.
27 Multiple press telegrams.
The simultaneous publication of the same telegram in two or more newspapers
or other printed papers shall not be deemed to authorize the publication of the
same in any other newspaper or printed paper without the consent in writing of
one of the original receivers as hereinbefore provided, or in case such telegram
has been furnished to such papers by any company or association, and has
printed above it words showing that it has been so supplied, without the written
consent of such company or association.
28 Time of receipt to be published.
Every telegram published under the protection of this Act shall be printed with
the heading “By Telegraph-Copyright”, and shall bear the date and hour of its
receipt, and such statement shall be prima facie evidence of the time of receipt of
such telegram.
Section 29 CAP. 99 Telegraph Act
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29 Wrongful publication.
Every person who wilfully prints and publishes any matter contrary to this Act is
liable to a fine not less than $2 and not exceeding $10 for the first offence, and
to a fine of not less than $10 and not exceeding $40 for any subsequent offence.
30 Proceedings to be commenced within one month.
Any proceedings under section 29 of this Act shall be commenced within one
month after the date of the commission of the alleged offence.
31 Evidence.
In any prosecution under this Act the production of any document which
purports to be a telegram, and which contains the intelligence published in the
newspapers or other printed papers as aforesaid, and which has been delivered to
some person entitled to receive the same by the proper officer of the
Commission, shall be prima facie evidence that the telegram as hereinbefore
described in any newspaper or other printed paper is a telegram within the
meaning of this Act; and proof that any person is, or is acting or appears to be
acting as, editor, sub-editor, or manager of any newspaper in which there has
been any publication contrary to this Act shall be prima facie evidence that such
person has wilfully caused such wrong publication.
32 Offences by officers.
Every officer or other person employed in or about the working of any telegraph
who offends against or wilfully neglects or omits to comply with any of the
provisions of this Act in respect of which no penalty is provided elsewhere than
in this section is liable to a fine of not more than $100, or to imprisonment for
any period not exceeding 2 years.
33 Wrongful use of forms.
Every person is liable on conviction to a fine not exceeding $100 who uses any
telegraph form or other forms provided for the use of the public in connection
with the business of the Department for any purpose other than the purpose for
which such forms have been so provided.
34 Prosecution before Magistrate.
All offences against this Act may be prosecuted and all fines and other moneys
payable under this Act may be recovered before a Magistrate as provided by the
Magistrates' Courts Act.
Telegraph Act CAP. 99 SCHEDULE
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SCHEDULE
(Section 21)
DECLARATION BY TELEGRAPH OFFICER
I, A.B. do solemnly and sincerely declare that I will be true and faithful in the
execution of the trust committed to my charge, and that I will not, otherwise than in the
due performance of my official duties, willingly or knowingly divulge the contents of
any telegraphic or telephonic message or communication, or the purport thereof,
coming to my knowledge in my official capacity, or suffer any other officer in the
service wrongfully to divulge the contents of any telegraphic or telephonic message or
communication, or the purport thereof, coming to his knowledge in his official
capacity; and I do further declare that I will not detain or delay, or willingly or
knowingly suffer any other officer in the service to detain or delay, any telegraphic or
telephonic message or communication entrusted to the charge of the Commission for
delivery, except in such cases and to such extent as may be lawfully provided in that
behalf; and I do further declare that I will not willingly intercept any telegraphic or
telephonic communications other than those which I am authorized to receive.
And I make the solemn declaration under the provisions of the Telegraph Act.
Declared at ....................., this day of ................. 19....
(Signature of Declarant);........................................................................
before me:...................................................................................
Magistrate.......................................................................
