Government’s liability for loss of inland postal packet

(1) Proceedings shall lie against the Government in respect of loss of or damage to a registered inland postal packet, not being a telegram, in so far as the loss or damage is due to any wrongful act done or any neglect or default committed by a person employed as a servant or agent of the Government while performing or purporting to perform his functions as such in relation to the receipt, custody, carriage, delivery or other dealing with the packet, however, (a) no proceedings shall lie under this section in respect of any postal packet registered before the commencement of the Crown Proceedings Act, Cap. 167; 12 (b) the amount recoverable in any proceedings under this section shall not exceed the market value of the packet in question (excluding the market value of any message or information which it bears) at the time when the cause of action arises; (c) the amount recoverable in any such proceedings shall not in any event exceed the maximum amount which, under this Act, is available for compensating the persons aggrieved, having regard to the fee paid in respect of the registration of the packet; and (d) the Government shall not be liable under this section in respect of any packet unless such conditions as are prescribed by regulations in relation to registered inland postal packets have been complied with in relation to that (2) For the purposes of any proceedings under this section, it shall be presumed until the contrary is shown on behalf of the Government, that the loss of or damage to the packet was due to some wrongful act done, or some neglect or default committed, by a person employed as a servant or agent of the Government while performing or purporting to perform his functions as such in relation to the receipt, custody, carriage, delivery or other dealing with the packet. (3) Subject to subsection (4) of this section, no relief shall be available under this section except upon a claim by the sender or the addressee of the packet in question, and the sender or addressee of the packet shall be entitled to claim any relief available under this section in respect of the packet, whether or not he is the person damnified by the injury complained of, and capable of giving a good discharge in respect of all claims relating to the packet under this section. 13 (4) Where the court is satisfied, upon an application by any person who is not the sender or addressee of the packet, that the sender and the addressee are unable or unwilling to enforce their remedies in respect of the packet under this section, the court may, upon such terms as to security for costs and otherwise as the court thinks just, allow that other person to bring proceedings under this section in the name of the sender or the addressee of the packet. (5) Any reference in subsections (3) and (4) of this section, to the sender or addressee of the packet includes a reference to his personal representatives. (6) Where, by virtue of subsections (3) and (4) of this section, any person recovers any money or property which, apart from those subsections, would have been recoverable by some other person, the money or property so recovered shall be held on trust for that person. (7) Regulations may be made by the Minister for prescribing the conditions to be observed for the purposes of this section in relation to registered inland postal packets. (8) In this section, “inland postal packet” means a postal packet which is posted in Belize for delivery, at any place in Belize, to the person to whom it is addressed; “sender” in relation to a postal packet, has such meaning as may be assigned to it by the regulations. (9) Any reference in this section to a postal packet shall be construed as including a reference to the contents of such a