MAY 16 — With reference an article published by The Malay Mail on page six dated May 14, 2014, we would like to thank you for bringing this matter to our attention.
We are pleased to provide our reply as follows:
At present, there are existing legislations in force in Malaysia that prohibit and/or control amongst others the handling, transportation and/or possession of explosives and/or explosive substances. The legislations include the following:
1.Corrosive and Explosive Substances and Offensive Weapons Act 1958;
2. Arms Act 1960;
3. Explosives Act 1957
In Pos Malaysia’s case, the Post Office Rules 1947, which governs the handling and/or transmission of postal articles, prohibits senders from using postal services to send such articles. The said rule states as follows:
Post Office Rules 1947 10 (a)(i) Any explosive or inflammable substances, except celluloid and cinematograph films packed in accordance with conditions prescribed by the Director General under the provisions of rule 14 of these Rules
*Rule 14 in essence requires every postal article to be made up and secured in such a manner to prevent injury to postal equipment or any other postal articles in the course of its conveyance.
The prohibition to send dangerous goods such as explosives is also contained in the terms and conditions of PosLaju’s Consignment Notes. The list of the said prohibited items as listed below are displayed at post offices and PosLaju centres, including our websites.
PosLaju’s Consignment Note also makes it mandatory for the senders to declare the contents of the article to be delivered especially to ensure the article does not contain any hazardous or prohibited items.
These measures are consistent with the international best practices of postal and courier operators.
Pos Malaysia always endeavours in exercising due care in its operations. In this instance, such care has been observed, implemented and complied with by Pos Malaysia/PosLaju. There was no reasonable ground for PosLaju to suspect that the package would pose any physical danger to other persons or property.
Do note that Pos Malaysia cannot open any postal article. Pos Malaysia may only do so under strict requirements of the law.
Section 53 of the Postal Services Act 2012, states as follows:
Subject to regulations made under this Act, a licensee may open a postal article in the following circumstances:
(a) to secure the contents or to ascertain the condition of
(b) to determine the addressee or sender of an
(c) if there are reasonable grounds to suspect that there is
(d) if there are reasonable grounds to suspect that there is
(e) if it has the consent of the addressee or sender to do
(f) by an order of court; or
(g) as required by the relevant authorities or any other written law.
In this case, none of the circumstances which allow Pos Malaysia to open the postal article as stipulated in the Postal Services Act 2012 presented itself.
Pos Malaysia is currently conducting an investigation on the sender and recipient of this case and a police report will be made accordingly to the Polis DiRaja Malaysia for their further action.
* This is the personal opinion of the writer or organisation and does not necessarily reflect the views of The Malay Mail Online.
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