Travel Agents Ordinance


Published: 2002-11-01

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Cap 218 - TRAVEL AGENTS ORDINANCE 1

Chapter: 218 TRAVEL AGENTS ORDINANCE Gazette Number Version Date

Long title L.N. 83 of 2002 01/11/2002


To provide for the control and regulation of travel agents, the appointment of a Registrar of Travel Agents, the
establishment of an Advisory Committee on Travel Agents, the licensing of travel agents, the establishment of a
reserve fund and a Board to administer the fund, the imposition of levies on travel agents and for matters
connected therewith or incidental thereto.

(Amended 51 of 1993 s. 2; 10 of 2002 s. 2)


[Part I (sections 1 to 8) } 13 December 1985 L.N. 346 of 1985
Section 9 in Part II } 1 February 1986 L.N. 31 of 1986
Sections 10 to 13 in Part II } 13 December 1985 L.N. 346 of 1985
Sections 14 to 16 in Part II
Sections 17 to 31 in Part III } 1 February 1986 L.N. 31 of 1986
Section 32 in Part III
Section 33 in Part IV } 13 December 1985 L.N. 346 of 1985

Section 34 in Part IV } 1 February 1986 L.N. 31 of 1986

Part V (sections 35 to 41) }

13 December 1985
L.N. 346 of 1985

Part VI (sections 42 to 44)
Sections 45 and 46 in Part VII } 1 February 1986 L.N. 31 of 1986

Section 47 in Part VII } 1 June 1986 L.N. 110 of 1986
Section 48(1)(a) and (b) in Part VII } 1 February 1986 L.N. 31 of 1986
Section 48(1)(c) in Part VII } 13 December 1985 L.N. 346 of 1985
Section 48(2) and (3) in Part VII } 1 February 1986 L.N. 31 of 1986
Sections 49 to 52 in Part VII } 13 December 1985 L.N. 346 of 1985]


(Originally 60 of 1985)

Part: I PRELIMINARY 30/06/1997




Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Travel Agents Ordinance.

Section: 2 Interpretation and application L.N. 83 of 2002 01/11/2002


In this Ordinance, unless the context otherwise requires-
"Advisory Committee" (諮詢委員會) means the Advisory Committee on Travel Agents established under section 7;
"applicant" (申請人), in relation to an application for a licence whether by way of renewal or otherwise, includes a

licensee; (Added 70 of 1988 s. 2)
"approved organization" (認可機構) means any body specified in Part I of Schedule 1; (Added 70 of 1988 s. 2.

Amended 51 of 1993 s. 3)



Cap 218 - TRAVEL AGENTS ORDINANCE 2

"association member" (商會會員) means any body specified in Part II of Schedule 1; (Added 70 of 1988 s. 2.
Amended 51 of 1993 s. 3)

"controller" (控權人), in relation to a body corporate, means the person who controls the body corporate and includes
any person in accordance with whose directions or instructions the directors thereof are accustomed to act;

"exempt person" (獲豁免人士) means a person or class of persons granted an exemption under section 3;
"inbound travel agent" (到港旅行代理商) means a person who carries on business as an inbound travel agent within

the meaning of section 4A; (Added 10 of 2002 s. 3)
"inbound travel service" (到港旅行服務) means a service provided through the carrying on of an activity described

in section 4A(1)(a), (b) or (c) in respect of the provision of which a person is required to be licensed under this
Ordinance; (Added 10 of 2002 s. 3)

"licence" (牌照) means a travel agent's licence granted under section 11 and "licensed" (領有牌照) and "licensee"
(持牌人) shall have corresponding meanings; (Amended 70 of 1988 s. 2)

"outbound travel agent" (外遊旅行代理商) means a person who carries on business as an outbound travel agent
within the meaning of section 4; (Added 10 of 2002 s. 3)

"outbound travel service" (外遊旅行服務), except in Part IIIA, means a service provided through the carrying on of
an activity described in section 4(1)(a) or (b) in respect of the provision of which a person is required to be
licensed under this Ordinance; (Added 10 of 2002 s. 3)

"qualified" (合資格) means qualified in accordance with the constitution, rules or articles of association of an
approved organization or of an association member, as the case may be; (Added 70 of 1988 s. 2)

"register" (登記冊) means the register kept by the Registrar under section 6;
"Registrar" (註冊主任) means the Registrar of Travel Agents appointed under section 5;
"travel agent" (旅行代理商), except in Part IIIA, includes an inbound travel agent and an outbound travel agent;

(Replaced 10 of 2002 s. 3)
"travel service" (旅行服務) includes an inbound travel service and an outbound travel service. (Replaced 10 of 2002

s. 3)
(Amended 70 of 1988 s. 2)


Section: 3 Exemption 30/06/1997


(1) The Registrar may exempt any person or class of persons from the operation of this Ordinance.
(2) An exemption granted under subsection (1) shall be in writing.
(3) The Registrar shall give notice in the Gazette of any exemption granted under this section.


Section: 4 Outbound travel agents L.N. 83 of 2002 01/11/2002


(1) Subject to subsection (2), a person carries on business as an outbound travel agent if, in Hong Kong, he
carries on the business of obtaining for another person- (Amended 10 of 2002 s. 4)

(a) carriage, by any means of conveyance, on a journey which is to commence in Hong Kong and which
thereafter is to take place mainly outside Hong Kong; or

(b) accommodation at a place outside Hong Kong for which payment is, or is to be, made to that person
by or on behalf of that other person of an amount on account of the cost of that accommodation.

(2) A person does not carry on business as an outbound travel agent- (Amended 10 of 2002 s. 4)
(a) under subsection (1)(a) in respect of carriage by means of conveyance if the means of conveyance is

one of which he is an operator; or
(b) under subsection (1)(b) in respect of accommodation at any one place if the accommodation is

intended to be occupied by the same person for a period exceeding 14 days at that place.
(3) In this section "operator" (營運人), in relation to a means of conveyance, means the person who alone or

with others has for the time being the management of that means of conveyance.




Cap 218 - TRAVEL AGENTS ORDINANCE 3

Section: 4A Inbound travel agents L.N. 83 of 2002 01/11/2002


(1) Subject to subsection (2), a person carries on business as an inbound travel agent if, in Hong Kong, he
carries on the business of obtaining for a visitor to Hong Kong-

(a) carriage, by any means of conveyance, on a journey which is to commence outside Hong Kong and
which either-
(i) terminates in Hong Kong; or
(ii) involves the visitor passing through immigration controls before departing from Hong Kong;

(b) accommodation in Hong Kong for which payment is, or is to be, made to that person by or on behalf of
the visitor of an amount on account of the cost of that accommodation; or

(c) one or more prescribed services.
(2) A person does not carry on business as an inbound travel agent-

(a) under subsection (1)(a) in respect of carriage by means of conveyance if the means of conveyance is
one of which he is an operator;

(b) under subsection (1)(b) in respect of accommodation if the accommodation is intended to be occupied
by the same person for a period exceeding 14 days;

(c) under subsection (1)(c) if he is the owner or operator of the service being provided to the visitor.
(3) In this section "operator" (營運人), in relation to a means of conveyance, means the person who alone or

with others has for the time being the management of that means of conveyance.
(Added 10 of 2002 s. 5)


Section: 5 Registrar of Travel Agents 66 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 66 of 2000 s. 3


(1) The Chief Executive may appoint a public officer to be the Registrar of Travel Agents.
(2) The Registrar shall be subject to directions by the Chief Executive in the performance of his duties and the

exercise of any of his powers and functions and shall comply with any such directions.
(Amended 66 of 2000 s. 3)


Section: 6 Register 30/06/1997


The Registrar shall-
(a) establish and maintain a register in the prescribed form; and
(b) give such notice of the contents of the register as may be prescribed.


Section: 7 Advisory Committee on Travel Agents 66 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 66 of 2000 s. 3


(1) There shall be an Advisory Committee on Travel Agents.
(2) The Advisory Committee shall consist of-

(a) a Chairman who shall be appointed by the Chief Executive;
(b) the Registrar (who shall be an ex officio member and Secretary thereof); and
(c) such other persons as the Chief Executive may appoint.

(3) The Chief Executive shall give notice of any appointment under subsection (2) by notice in the Gazette.
(4) A person appointed by the Chief Executive to be a member of the Advisory Committee-

(a) shall hold office for such period as the Chief Executive may determine;
(b) may resign at any time by notice in writing addressed to the Secretary; and
(c) may be removed from office by the Chief Executive if the Chief Executive is satisfied that such

member is incapacitated by physical or mental illness or is otherwise unable or unfit to discharge the
function of a member of the Advisory Committee.

(Amended 66 of 2000 s. 3)



Cap 218 - TRAVEL AGENTS ORDINANCE 4


Section: 8 Functions of Advisory Committee 66 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 66 of 2000 s. 3


The Advisory Committee shall have the following functions-
(a) to advise the Chief Executive on such matters relating to the administration of this Ordinance or the

carrying on of the business of a travel agent as the Chief Executive may refer to the Committee;
(b) to advise the Chief Executive on such matters as the Committee may consider to be in the interests of-

(i) travel agents; and
(ii) persons using the services of travel agents; and

(c) to perform such other duties as are imposed or other powers as are conferred on it by this Ordinance or
as may be prescribed or which it may lawfully exercise.

(Amended 66 of 2000 s. 3)

Part: II LICENSING 30/06/1997




Section: 9 Restriction on operating as a travel agent 30/06/1997


No person shall carry on business as a travel agent-
(a) without a licence; or
(b) at any place other than the premises specified in that licence; or
(c) otherwise than in accordance with the conditions of that licence imposed under section 11(1) or (1A).

(Amended 70 of 1988 s. 3)

Section: 10 Application for travel agent's licence 30/06/1997


(1) An application for a licence shall be made to the Registrar in the prescribed form and manner, and shall be
accompanied by the prescribed fee and a statement in writing containing such particulars in respect of the application
as may be prescribed or as, in any particular case, the Registrar may require.

(2) An application made under this section by a body corporate may be signed by any person authorized in that
behalf by such body corporate and the Registrar may require such proof of that authorization as he considers
necessary.

(3) An application made under this section by a partnership shall be signed by each partner.
(4) The Registrar shall, in such manner as may be prescribed, give notice of every application made under this

section.

Section: 11 Grant of licence 30/06/1997


(1) The Registrar may grant a licence and may impose such conditions as he thinks are necessary to protect the
interests of persons who have recourse to travel services offered by a travel agent.

(1A) Subject to subsection (1B), any licence granted by the Registrar under subsection (1) shall be subject to
the condition that the applicant shall be and remain a member of an approved organization during the period that the
licence is in force. (Added 70 of 1988 s. 4)

(1B) The condition referred to in subsection (1A) shall apply-
(a) to any licence granted under subsection (1) after the specified date in respect of an application for a

licence made under section 10; or
(b) to any licence granted under subsection (1) after the specified date in respect of an application for the

renewal of a licence made under section 15. (Added 70 of 1988 s. 4)
(2) Any conditions imposed under this section shall be endorsed on the licence.
(3) In the absence of any evidence to the contrary an applicant for the grant of a licence under this section who

is a member of an association member shall, if the licence is granted, be treated as a member of an approved



Cap 218 - TRAVEL AGENTS ORDINANCE 5

organization during the period that the licence is in force. (Added 70 of 1988 s. 4)
(4) In this section "specified date" (指明日期) means a date specified by the Governor by notice in the Gazette

for the purposes of this section.* (Added 70 of 1988 s. 4)
______________________________________________________________________________
Note:
* 31 July 1988-L.N. 212 of 1988.

Section: 11A Registrar's direction as to membership of an approved

organization
30/06/1997



(1) If the Registrar is satisfied that an applicant who-
(a) is, or is qualified to be, a member of an association member; and
(b) is qualified to be a member of an approved organization; but
(c) has been refused membership of that approved organization,

is a fit and proper person to carry on business as a travel agent, the Registrar shall direct that approved organization to
accept that applicant as a member of that approved organization in accordance with the constitution, rules or articles of
association of that organization and subject to the payment of such membership fees (if any) as may be prescribed in
that constitution or those rules or articles of association.

(2) If the Registrar is satisfied that a licensee whose membership of an approved organization has been
suspended or revoked by that approved organization is a fit and proper person to carry on business as a travel agent,
the Registrar shall direct that approved organization to reinstate or restore the membership of that licensee in
accordance with the constitution, rules or articles of association of that approved organization as if that licensee's
membership had not been suspended or revoked by that organization.

(3) For the purpose of determining whether an applicant or licensee is a fit and proper person under subsection
(1) or (2), as the case may be, the Registrar shall have regard to the matters referred to in paragraphs (a) to (e) of
section 12(2).

(4) The Registrar shall not direct an approved organization to accept the applicant as a member of that
organization under subsection (1) or to reinstate or restore the membership of a licensee under subsection (2) without
first giving that organization an opportunity of being heard.

(5) For the purpose of conducting a hearing under subsection (4) the Registrar may by notice in writing require
the approved organization to furnish him with such information, verified in such manner, as the Registrar may specify,
or to produce to him such documents relating to the refusal, suspension or revocation of the applicant's or licensee's
membership, as the case may be, as are in the custody or under the control of that organization.

(6) On the acceptance of an applicant as a member of an approved organization under subsection (1) the
Registrar shall grant a licence to that applicant subject to such conditions as he may impose under section 11(1).

(Added 70 of 1988 s. 5)

Section: 12 Refusal of licence 30/06/1997


(1) The Registrar may refuse to grant a licence if he is of the opinion-
(a) in the case of an applicant other than an applicant who is a body corporate that-

(i) the applicant, or, in the case of a partnership any partner thereof, is not a fit and proper person to
carry on business as a travel agent;

(ii) any person in Hong Kong responsible or proposed to be responsible for the management of the
business of the travel agent or any part thereof is not a fit and proper person to be associated with
the business of a travel agent; or

(iii) the premises to which the application relates or the situation thereof are not suitable for the
operation of the business of a travel agent; or

(b) in the case of an applicant who is a body corporate that-
(i) the applicant is not a fit and proper person to carry on business as a travel agent;
(ii) any controller of such body corporate is not a fit and proper person to be associated with the

business of a travel agent;
(iii) any director or secretary or officer thereof in Hong Kong, is not a fit and proper person to be

associated with the business of a travel agent; or
(iv) the premises to which the application relates or the situation thereof are not suitable for the



Cap 218 - TRAVEL AGENTS ORDINANCE 6

carrying on of the business of a travel agent.
(2) For the purposes of determining whether a person is a fit and proper person under subsection (1), the

Registrar shall have regard to the question of whether that person-
(a) has been convicted, whether in Hong Kong or elsewhere, of an offence the conviction for which

necessarily involved a finding that he acted fraudulently, corruptly or dishonestly;
(b) has been convicted of an offence against any provision of this Ordinance;
(c) in the case of an individual is an undischarged bankrupt, has entered into a composition or scheme of

arrangement with his creditors or has made an assignment of his estate for the benefit of his creditors;
(d) in the case of a body corporate is in liquidation or the subject of a winding up order, a receiver or

manager of its property has been appointed, has entered into a composition or scheme of arrangement
with its creditors or has made an assignment of its estate for the benefit of its creditors; or

(e) is otherwise not a fit and proper person.
(3) The Registrar shall not refuse to grant a licence to an applicant under subsection (1) or (5) without first

giving the applicant an opportunity of being heard. (Amended 70 of 1988 s. 6)


(4) Where the Registrar refuses to grant a licence to an applicant under subsection (1) on the ground (or, if
more than one, on grounds which include the ground) that, in his opinion, any person as mentioned in subsection (1) is
not a fit and proper person, the Registrar shall notify the applicant in writing of that opinion, the name of the person
whose fitness is in question and the reason for his opinion.

(5) The Registrar shall refuse to grant a licence if he is of the opinion that the applicant is in breach of, or is
unable to comply with, the condition imposed under section 11(1A). (Added 70 of 1988 s. 6)

Section: 13 Effect and duration of licence 30/06/1997


Every licence shall be in the prescribed form and shall-
(a) not enter into force except on payment to the Registrar of the prescribed fee; (Replaced 70 of 1988 s.

7)
(b) be valid for a period of 12 months, or such lesser period as may be specified in the licence, from the

date on which it is granted; and
(c) authorize the person named therein to carry on business as a travel agent at any premises specified

therein.

Section: 14 Duties of licensee 30/06/1997


In addition to any conditions that may be imposed under section 11(1) or (1A) every licensee shall comply with
any prescribed requirement.

(Amended 70 of 1988 s. 8)

Section: 15 Renewal of a licence 30/06/1997


(1) A licensee may apply for the renewal of his licence for a period not exceeding 12 months. (Amended 70 of
1988 s. 9)

(2) An application by a licensee for the renewal of a licence shall be made during the prescribed period and in
the prescribed form.

(3) Sections 11 and 12 shall apply to the renewal of a licence under this section as if for references to "grant a
licence" in those sections there were substituted references to "renew a licence". (Added 70 of 1988 s. 9)

Section: 16 Change of ownership or control 30/06/1997


(1) A licensee shall not change or permit any change of ownership or control of his business as a travel agent
without obtaining prior approval in writing from the Registrar.

(2) A licensee who intends to change the ownership or control of his business as a travel agent shall give notice
in writing to the Registrar.

(3) Where notice is given to the Registrar under subsection (2), the Registrar may by notice in writing require



Cap 218 - TRAVEL AGENTS ORDINANCE 7

the licensee to furnish him with such information, verified in such manner, as the Registrar may specify with respect
to such change.

Part: III REGISTRAR'S POWERS IN RELATION TO

LICENSEES
30/06/1997





Section: 17 Interpretation 30/06/1997


In this Part, "person associated" (相聯的人) in relation to a licensed travel agent includes-
(a) the licensee;
(b) any employee of the licensee; or
(c) in the case of a licensee that is a body corporate, any controller and any director, secretary or other

officer thereof.

Section: 18 Registrar's powers following request for change in

ownership and control
30/06/1997



Upon being given notice under section 16 by a licensee the Registrar may-
(a) revoke the licence and issue a new licence;
(b) amend the licence including any conditions imposed under section 11(1); or (Amended 70 of 1988 s.

10)
(c) subject to section 20, refuse consent to the change of ownership or control if he is of the opinion that

any of the matters referred to in section 12(1) apply in relation to the proposed owner or controller.

Section: 19 Suspension and revocation of licence 30/06/1997


(1) The Registrar may suspend or revoke a licence-
(a) of a licensee who is an individual, if that person becomes a mentally disordered person or patient as

defined in section 2 of the Mental Health Ordinance (Cap 136);
(b) subject to section 20, if he is of the opinion that the licensee has ceased to carry on business as a travel

agent; or
(c) if, upon investigation under section 21, he is of the opinion that-

(i) any of the matters referred to in section 12(1) apply; or
(ii) the licensee has been carrying on business as a travel agent contrary to the public interest.

(d) if he is satisfied that a licensee has without reasonable excuse failed to pay or not duly paid any levy
referred to in section 32H or 32I or any financial penalty imposed pursuant to rules made under section
32G(2)(c). (Added 51 of 1993 s. 4)

(2) The Registrar shall revoke a licence if he is of the opinion that the licensee is in breach of, or is unable to
comply with, the condition imposed under section 11(1A). (Added 70 of 1988 s. 11)

(2A) The Registrar shall not suspend or revoke a licence under subsection (1)(d) without first giving the licensee
an opportunity of being heard. (Added 51 of 1993 s. 4)

(3) The Registrar shall not revoke a licence under subsection (2) without first giving the licensee an opportunity
of being heard. (Added 70 of 1988 s. 11)

Section: 20 Notice of intention to revoke L.N. 83 of 2002 01/11/2002


(1) The Registrar shall not suspend or revoke a licence under section 19(1)(b) or refuse consent under section
18(c) unless he first- (Amended 10 of 2002 s. 6)

(a) gives notice in writing to the licensee of his intention and the ground upon which he proposes to
suspend or revoke the licence or refuse consent; and

(b) permits the licensee to make representations to him.
(2) Representations under subsection (1)(b) shall be made in writing and within 7 clear days from the date of

notification under subsection (1) or such greater period as is specified in the notice.



Cap 218 - TRAVEL AGENTS ORDINANCE 8


Section: 21 Registrar may conduct investigation 30/06/1997


Where the Registrar suspects that the business of a licensee as a travel agent is being carried on contrary to the
public interest (whether an allegation has been made against the licensee or not) he may conduct such investigation as
he considers necessary in respect of that business.

Section: 22 Registrar's powers of investigation 30/06/1997


(1) For the purpose of an investigation of a business under section 21 the Registrar may-
(a) by notice in writing, require a person associated with the business-

(i) to produce to him such documents relating to the business of the licensee as are in the custody or
under the control of that person;

(ii) to give him all reasonable assistance in connection with the investigation; and
(iii) to attend before him and to give evidence;

(b) receive such evidence as he considers relevant to the investigation whether or not it would be
admissible in a court; and

(c) require evidence (either orally or in writing) to be given on oath or affirmation.
(2) For the purposes of subsection (1)(c) the Registrar may administer an oath or affirmation.


Section: 23 Notices 30/06/1997


Any notice given by the Registrar under section 22(1)(a)-
(a) shall be signed by the Registrar;
(b) shall state the time when and the place where the person to whom the notice is addressed shall comply

with any requirement stated in the notice;
(c) shall be served on the person to whom it is addressed; and
(d) may be served by post.


Section: 24 Duty of person given notice 30/06/1997


A person given notice by the Registrar under section 22(1)(a)-
(a) shall comply with any requirement stated in that notice;
(b) shall, subject to section 25, truly and fully answer questions put to him by the Registrar;
(c) shall not knowingly furnish to the Registrar, whether in pursuance of such requirement or otherwise,

information that is false or misleading in a material particular; and
(d) shall, if required by the Registrar, take an oath or affirmation.


Section: 25 Privileges and immunities in connection with investigations 30/06/1997


The Registrar, when conducting an investigation under section 21, and any witness, counsel or solicitor
appearing before the Registrar in connection with that investigation, shall have the same privileges and immunities as
they would have if that investigation were a proceeding in a court.

Section: 26 Payment of witness expenses 30/06/1997


(1) The Registrar may, in his discretion, pay any witness giving evidence or attending to give evidence or
produce books, papers or documents at any investigation under this section such sum for his expenses and loss of time
as the Registrar may determine.

(2) (Repealed 70 of 1988 s. 12)

Section: 27 Practice and procedure 30/06/1997


The Registrar may in respect of the conduct of an investigation under section 21 determine any form or matter of



Cap 218 - TRAVEL AGENTS ORDINANCE 9

practice or procedure in so far as no provision is made therefor under this Ordinance.

Section: 28 Costs 30/06/1997


(1) After conducting an investigation under section 21 in relation to the business of a licensee as a travel agent
the Registrar may order the licensee to pay the whole or a specified part of the costs of, or incidental to, that
investigation.

(2) Any sum ordered by the Registrar to be paid by way of costs under this section shall be recoverable as a
civil debt and may be recovered by the Registrar in his name accordingly. (Amended 70 of 1988 s. 13)

(3) The Registrar shall pay any sum received by him in settlement of an order made under this section into
general revenue. (Amended 70 of 1988 s. 13)

Section: 29 Power to prevent departure from Hong Kong 25 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2


(1) If the Registrar satisfies a magistrate, by statement made on oath-
(a) that in his opinion a person associated with the business of a travel agent in respect of which an

investigation is being conducted under section 21 is likely to be able to assist him in connection with
the investigation by producing such documents or giving such evidence as the Registrar may require
under section 22; and

(b) that there are reasonable grounds for believing that the person intends to depart, or has departed from
Hong Kong to reside elsewhere,

and if the magistrate is satisfied that it is in the public interest to ensure that the person does not depart from Hong
Kong, or if he returns, does not depart again, without first assisting the Registrar in connection with the investigation
as aforesaid, he shall make an order ("a prohibition order") and issue the same to the Director of Immigration and the
Commissioner of Police directing them to prevent the person from departing from Hong Kong without so assisting the
Registrar.

(2) The magistrate shall, as soon as practicable after he makes a prohibition order under subsection (1), cause a
copy of it to be served upon the person who is the subject of the order, if he can be found.

(3) Whether or not a copy is served under subsection (2), the order comes into force immediately upon being
made and continues in force until-

(a) assistance has been given to the satisfaction of the Registrar in connection with the investigation as
aforesaid; or

(b) the prohibition order is set aside by the Court of First Instance under subsection (10). (Amended 25 of
1998 s. 2)

(4) Where-
(a) an immigration officer or immigration assistant within the meaning of section 2(1) of the Immigration

Ordinance (Cap 115); or
(b) a police officer,

believes on reasonable grounds that-
(i) a person the subject of a prohibition order made under subsection (1) is about to depart from Hong

Kong; and
(ii) the Registrar has not authorized the person to depart from Hong Kong nor has the Court of First

Instance suspended or otherwise varied the prohibition order so as to permit the person to depart from
Hong Kong, (Amended 25 of 1998 s. 2)

he may take such measures including the use of such force as may be necessary to prevent the departure of that person
from Hong Kong.

(5) Where-
(a) a copy of a prohibition order has been served on the person the subject of it or the person has been

verbally advised of its existence by a person referred to in subsection (4)(a) or (b); and
(b) the Registrar has not authorized the person to depart from Hong Kong nor has the Court of First

Instance suspended or otherwise varied the prohibition order so as to permit the person to depart from
Hong Kong, (Amended 25 of 1998 s. 2)



Cap 218 - TRAVEL AGENTS ORDINANCE 10

the person commits an offence if he departs or attempts to depart from Hong Kong, and an immigration officer,
immigration assistant or police officer may arrest him without a warrant.

(6) Any person who commits an offence under subsection (5) is liable to a fine of $10000 and to imprisonment
for 6 months.

(7) Where a prohibition order made under this section is in force, the Registrar may, if he thinks fit, on the
written application of the person the subject of the order or, in the absence of any such application, of his own
initiative, authorize, in writing, the person to depart from Hong Kong on one or more occasions as specified in the
authorization.

(8) Where-
(a) assistance has been given to the satisfaction of the Registrar in connection with the investigation as

aforesaid;
(b) a prohibition order is set aside or temporarily suspended under this section; or
(c) the Registrar authorizes a person to depart from Hong Kong on one or more occasions,

the Registrar shall, as soon as practicable, notify-
(i) the Director of Immigration; and
(ii) the Commissioner of Police,

that the person is permitted to depart from Hong Kong.
(9) Where a person the subject of a prohibition order applies under subsection (7) and the Registrar does not

see fit to authorize his departure, the Registrar shall, as soon as practicable, serve a notice ("notice of decision") upon
the person.

(10) A person aggrieved by a prohibition order under subsection (1) or a notice of decision under subsection (9),
as the case may be, may appeal to the Court of First Instance which may- (Amended 25 of 1998 s. 2)

(a) make an order setting aside the prohibition order subject to such conditions as the Court may consider
necessary;

(b) make an order temporarily suspending or otherwise varying the prohibition order, and the Court may
attach such conditions to the suspension or variation as it considers necessary; or

(c) dismiss the appeal.
(11) Service of-

(a) a copy of a prohibition order under subsection (2) shall be effected personally on the person who is the
subject of it;

(b) a notice of decision under subsection (9) may be effected personally on the person who is the subject
of it or by post addressed to that person at his last known place of abode, business or employment.

(12) Where a prohibition order was made by a magistrate under section 29 as repealed by the Travel Agents
(Amendment) Ordinance 1994 (39 of 1994) and where such an order was in force immediately prior to the
commencement of that Ordinance, that order shall be deemed to be a prohibition order made under this section and the
provisions of this section shall apply to it accordingly.

(13) In this section, "Court of First Instance" (原訟法庭) has the same meaning as in section 2 of the High
Court Ordinance (Cap 4) and includes the "Registrar" and a "Master" as defined in that Ordinance. (Amended 25 of
1998 s. 2)

(14) The Registrar may apply ex parte to the magistrate for a prohibition order.
(15) In any proceedings in the magistrate's court under this section, the Registrar may appear in person or may

be represented either by a legal officer within the meaning of the Legal Officers Ordinance (Cap 87) or by any other
person authorized in writing by the Registrar.

(Replaced 39 of 1994 s. 2)

Section: 30 Notification of revocation 30/06/1997


(1) Every suspension or revocation of a licence by the Registrar under section 18 or 19 shall-
(a) be notified-

(i) by notice in the Gazette; and
(ii) to the licensee by notice in writing; and

(b) take effect from the date of the notice given to the licensee under paragraph (a)(ii), or such later date as
may be specified in the notice, notwithstanding that the licensee has appealed against the decision
under section 32, that the time limited for the making of such appeal has not expired or that notice has
not been given in the Gazette.



Cap 218 - TRAVEL AGENTS ORDINANCE 11

(2) A notice to the licensee under subsection (1)(a)(ii) shall include a statement of the reasons on which the
suspension or revocation is based.

Section: 31 Effect of suspension or revocation 30/06/1997


The suspension or revocation of a licence under section 18 or 19 does not operate so as to avoid or affect any
right, obligation or liability under any agreement, transaction or arrangement-

(a) relating to the supply of a travel service entered into by a licensee whose licence has been suspended
or revoked at any time before the suspension or revocation, as the case may be; and

(b) in relation to which a sum of money has been paid at any time before that suspension or revocation.

Section: 32 Appeals 30/06/1997


Any person aggrieved by the decision of the Registrar made in respect of him-
(a) to refuse to grant a licence under section 12(1);
(b) to impose conditions on a licence under section 11(1) or 18;
(c) to refuse consent under section 18(c); or
(d) to suspend or revoke a licence under section 19(1),

may, within 28 days from the date when he was informed of the decision, appeal to the Administrative Appeals Board.
(Replaced 6 of 1994 s. 47)


Part: IIIA TRAVEL INDUSTRY COMPENSATION FUND 30/06/1997


(Part IIIA added 51 of 1993 s. 5)

Section: 32A Interpretation L.N. 163 of 2013 03/03/2014


(1) In this Part-
"authorized collector" (獲授權收款人) means-

(a) the Travel Industry Council; or
(b) such other person,

as the case may be, authorized for the time being under section 32F(2)(b);
"Board" (委員會) means the Travel Industry Compensation Fund Management Board established by section 32B;
"Council levy" (議會徵費) means the levy payable under section 32I;
"ex gratia payment" (特惠賠償) means, except in section 32S, an ex gratia payment payable under section 32E(1);
"Fund" (賠償基金) means the Travel Industry Compensation Fund established by section 32C;
"Fund levy" (賠償基金徵費) means the levy referred to in section 32H(1);
"outbound fare" (外遊費) in relation to a package means an amount paid on account of the relevant inclusive price

referred to in subsection (2)(c) (whether such payment amounts to the whole or a part of such price);
"outbound travel service" (外遊旅行服務) means an outbound travel service within the meaning of subsection (2);
"outbound traveller" (外遊旅客) means a person who has paid, in a single payment or separate payments, an

outbound fare to a travel agent, in connection with or in anticipation of the travel agent obtaining for him an
outbound travel service or a person on whose behalf such a payment is made;

"package" (包辦旅遊) means a combination of any 2 or all (as the case may be) of the services or arrangements
specified in subsection (2)(b);

"travel agent" (旅行代理商) means an outbound travel agent who is the holder of a licence granted under section 11;
(Replaced 10 of 2002 s. 7)

"Travel Industry Council" (旅遊業議會) means the limited company registered in the name of Travel Industry
Council of Hong Kong under the Companies Ordinance (Cap 32) as in force at the time of the registration and
referred to in Part I of Schedule 1. (Amended 28 of 2012 ss. 912 & 920)
(2) A service is an outbound travel service if-

(a) it is provided or obtained by a travel agent for the public;



Cap 218 - TRAVEL AGENTS ORDINANCE 12

(b) it is comprised of any 2 or all of the following-
(i) carriage, by means of a conveyance, on a journey which is to commence in Hong Kong and

which thereafter is to take place mainly outside Hong Kong;
(ii) accommodation at a place outside Hong Kong;
(iii) arrangements for an activity (not ancillary to a service referred to in subparagraph (i) or (ii) and

which is to take place outside Hong Kong and which, where included in the package, constitutes
a substantial part of it;

(c) it is a package which is available only at an inclusive price; and
(d) the services or arrangements constituting the package have been determined in advance of being made

available to the public.
(3) For the avoidance of doubt the following is declared-

(a) for the purposes of this Part a person is not a travel agent if his licence is for the time being suspended;
(b) where an outbound fare is paid to a person who at the time the payment is made, is a travel agent, the

payment shall not be regarded as not having been made only by reason of a subsequent revocation or
suspension of the licence of that travel agent.

(Part IIIA added 51 of 1993 s. 5)

Section: 32B Establishment of Board 66 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 66 of 2000 s. 3


(1) There is hereby established a body to be known as the Travel Industry Compensation Fund Management
Board, which-

(a) shall be a body corporate;
(b) may in that name sue and be sued; and
(c) shall have a common seal.

(2) The Board shall consist of-
(a) a chairman and not more than 8 other members each of whom shall be appointed by the Chief

Executive; and (Amended 66 of 2000 s. 3)
(b) the Registrar who shall be an ex officio member.

(3) An appointment under subsection (2)(a) shall be subject to such terms and conditions (if any) and for a
period determined by the Chief Executive. (Amended 66 of 2000 s. 3)

(4) The Registrar shall be the secretary of the Board.
(5) Schedule 2 shall apply as respects the Board and its members.

(Part IIIA added 51 of 1993 s. 5)

Section: 32C Establishment of Fund 30/06/1997


(1) There is hereby established a fund to be known as the Travel Industry Compensation Fund.
(2) The Fund shall consist of-

(a) money received on account of the Fund levy;
(b) money paid to the Board by the Travel Industry Council under section 32L;
(c) money borrowed under section 32F(2)(c);
(d) income from any investment made under section 32F(2)(d) or transferred under section 32R(3);
(e) money paid under section 32R(4);
(f) any financial penalty collected or paid pursuant to rules under section 32G(2)(c); and
(g) any other money paid into the Fund.

(3) The money constituting the Fund shall be placed by the Board in a separate bank account opened and
maintained by the Board for the purposes of the Fund.

(Part IIIA added 51 of 1993 s. 5)

Section: 32D Functions of Board 30/06/1997


The functions of the Board shall be to hold, manage and apply the Fund in accordance with this Part.



Cap 218 - TRAVEL AGENTS ORDINANCE 13

(Part IIIA added 51 of 1993 s. 5)

Section: 32E Ex gratia and other payments 30/06/1997


(1) The Board may, in accordance with rules made under section 32G and on application made in that behalf,
make ex gratia payments from the Fund in respect of outbound travellers.

(2) The Board may make from the Fund-
(a) payments regarding expenses incurred by the Board in performing its functions, including payment of

fees as regards the collection of the Fund levy and any payment under section 32M(6);
(b) repayments as regards principal or payments as regards interest or other charges in respect of

borrowings by the Board; and
(c) any payment referred to in section 32S(ii).

(3) The Board shall make from the Fund any payment referred to in section 32S(i).
(4) The Board may, in its absolute discretion, refund the whole or part of any monies received by it under

section 32H(3)(b) and any such refund may be made to the authorized collector from whom the money was received
or to the travel agent from whom such authorized collector received the money.

(Part IIIA added 51 of 1993 s. 5)

Section: 32F General powers of the Board 30/06/1997


(1) The Board may do anything which is expedient or necessary for the purpose of performing its functions.
(2) Without affecting the generality of subsection (1), the Board may-

(a) acquire, hold or dispose of property of any description;
(b) authorize the Travel Industry Council or any other person-

(i) to require the payment of; and
(ii) to collect,
the Fund levy;

(c) borrow money on such security or other terms and conditions as it considers expedient; and
(d) invest any money of the Fund which is not immediately required for the purposes of section 32E in any

investment-
(i) authorized under the Trustee Ordinance (Cap 29); or
(ii) approved for the purposes of this paragraph by the Financial Secretary,
for the time being.

(Part IIIA added 51 of 1993 s. 5)

Section: 32G Rule-making powers of the Board L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) The Board may make rules-

(a) providing for the forms and the manner in which applications for ex gratia payments are to be made;
(b) specifying a period within which an application for an ex gratia payment is to be made; and
(c) containing such other provisions as it considers necessary or expedient to make such rules effective.

(2) The Board may, after consulting the Secretary for Commerce and Economic Development, make rules-
(Amended L.N. 125 of 2004; L.N. 130 of 2007)

(a) specifying the circumstances in which-
(i) an outbound traveller may apply for or be paid an ex gratia payment; or
(ii) an application for or payment of an ex gratia payment may be made on behalf of an outbound

traveller;
(b) specifying the maximum amount or rate payable as an ex gratia payment in respect of an outbound

traveller;
(c) providing for the imposition of a financial penalty for the late payment or failure to make due payment

of any levy payable under this Part; and



Cap 218 - TRAVEL AGENTS ORDINANCE 14

(d) containing such other provisions as it considers necessary or expedient to make such rules effective.
(Part IIIA added 51 of 1993 s. 5)


Section: 32H Levy for purposes of payment into Fund L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) A travel agent shall be liable to contribute to the Fund by way of levy.
(2) The Fund levy shall-

(a) be payable in respect of every outbound fare received by the travel agent concerned;
(b) be paid by such travel agent to an authorized collector in such manner and at such time as is

determined by the Board; and
(c) be of an amount ascertained with reference to a percentage, which shall be a percentage-

(i) of such outbound fare; and
(ii) specified for the time being for the purposes of this section by the Secretary for Commerce and

Economic Development by notice published in the Gazette. (Amended L.N. 125 of 2004; L.N.
130 of 2007)

(3) An authorized collector shall-
(a) collect the Fund levy; and
(b) account for and pay to the Board any money received on account of the Fund levy,

in such manner as is determined by the Board.
(4) An authorized collector shall use its or his best endeavours to secure the payment to it or him of the Fund

levy.
(5) Any amount on account of the Fund levy or any financial penalty imposed pursuant to rules under section

32G(2)(c) which is due from a travel agent and unpaid shall be recoverable as a civil debt due to the Board.
(6) In this Part any reference to a levy being payable or a requirement that a levy shall be paid shall be

construed as including the payment of the levy in advance.
(7) In this section and section 32I-

"outbound fare" (外遊費) means the amount of any payment described in the definition of "outbound traveller" in
section 32A.

(Part IIIA added 51 of 1993 s. 5)

Section: 32I Levy due to Travel Industry Council L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) A travel agent shall be liable to pay to the Travel Industry Council, in respect of every outbound fare

received by such travel agent, a levy, the amount of which shall be ascertained with reference to a percentage, which
shall be a percentage-

(a) of such outbound fare; and
(b) specified for the time being for the purposes of this section by the Secretary for Commerce and

Economic Development by notice published in the Gazette. (Amended L.N. 125 of 2004; L.N. 130 of
2007)

(2) The Council levy shall be paid to the Travel Industry Council by a travel agent in such manner and at such
time as is determined by the Board.

(3) Any amount on account of the Council levy which is due from a travel agent and unpaid shall be
recoverable as a civil debt due to the Travel Industry Council.

(4) The Travel Industry Council shall expend money received by it on account of the Council levy only on
operational expenses incurred by it in pursuing or achieving its objects.

(Part IIIA added 51 of 1993 s. 5)



Cap 218 - TRAVEL AGENTS ORDINANCE 15


Section: 32J Notification of non-payment 30/06/1997


(1) Where a travel agent fails to pay the Fund levy to an authorized collector or the Council levy to the Travel
Industry Council when it is due for payment, the authorized collector or the Travel Industry Council, as the case may
be, shall, as soon as practicable after such failure, notify the Board of such failure and the particulars of the travel
agent concerned.

(2) The Board may notify the Registrar of-
(a) the failure by a travel agent to pay the Fund levy or the Council levy; and
(b) such particulars of that travel agent as are known to it.

(Part IIIA added 51 of 1993 s. 5)

Section: 32K Submission of estimates L.N. 163 of 2013 03/03/2014


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) In each financial year, the Travel Industry Council shall forward to the Secretary for Commerce and

Economic Development, estimates of its income and expenditure in respect of the financial year next following.
(Amended L.N. 130 of 2007)

(2) The estimates referred to in subsection (1) shall be forwarded in the case of-
(a) the financial year in which the Travel Agents (Amendment) Ordinance 1993 (51 of 1993)

commences*, as soon as reasonably practicable after such commencement; and
(b) any subsequent financial year, before a date appointed by the Secretary for Commerce and Economic

Development. (Amended L.N. 130 of 2007)
(3) In this section and in sections 32L, 32M and 32N "financial year" (財政年度) means the financial year of

the Travel Industry Council for the purposes of the Companies Ordinance (Cap 622). (Amended 28 of 2012 ss. 912 &
920)

(Part IIIA added 51 of 1993 s. 5. Amended L.N. 125 of 2004)
______________________________________________________________________________
Note:
* Commencement date: 15 October 1993.

Section: 32L Payment of surplus L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) Subject to subsections (4) and (5), where on the last day of any financial year to which this section applies,

the reserves of the Travel Industry Council, after allowing for depreciation (where appropriate), are more than an
amount equivalent to half the amount of the recurrent expenditure actually incurred by the Council in that financial
year, the Council shall, within 6 months of the expiry of that financial year, pay to the Board such excess.

(2) The Board shall pay into the Fund any money paid under subsection (1).
(3) This section applies to the financial year next following the commencement* of the Travel Agents

(Amendment) Ordinance 1993 (51 of 1993) and every subsequent financial year.
(4) Subsection (1) does not apply to reserves of the Travel Industry Council which existed immediately before

the commencement* of the Travel Agents (Amendment) Ordinance 1993 (51 of 1993).
(5) The Secretary for Commerce and Economic Development may, either generally or as regards a particular

financial year, notify the Travel Industry Council in writing that such reserves of the Travel Industry Council as
specified by him (and which he may specify generally or with reference to a particular case, class or description) shall
be excluded from the application of subsection (1), and any such reserves shall be so excluded. (Amended L.N. 125
of 2004; L.N. 130 of 2007)

(Part IIIA added 51 of 1993 s. 5)



Cap 218 - TRAVEL AGENTS ORDINANCE 16

______________________________________________________________________________
Note:
* Commencement date: 15 October 1993.

Section: 32M Examination of efficiency etc. L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) The Secretary for Commerce and Economic Development may require the Board to arrange for such

examinations as he specifies to be carried out as regards the economy, efficiency and effectiveness with which the
Travel Industry Council has used its resources. (Amended L.N. 125 of 2004; L.N. 130 of 2007)

(2) A requirement under subsection (1) may be made in respect of any financial year or such other period as
specified in the requirement.

(3) Where a requirement is made under subsection (1), the Board shall, with the approval of the Secretary for
Commerce and Economic Development, appoint an auditor to carry out the examinations required. (Amended L.N.
125 of 2004; L.N. 130 of 2007)

(4) An auditor appointed under subsection (3) shall-
(a) have a right of access at all reasonable times to any documents in the custody or control of the Travel

Industry Council which he may reasonably require for the purpose of carrying out the examinations;
(b) be entitled to require from any person holding or accountable for any document referred to in

paragraph (a) such information and explanations as are reasonably necessary for the purpose of
carrying out the examinations; and

(c) submit to the Board, as soon as reasonably practicable after the conclusion of the examinations, a
written report on the results of the examinations.

(5) The Board shall forward to the Secretary for Commerce and Economic Development as soon as reasonably
practicable after it is received, a copy of the report referred to in subsection (4)(c). (Amended L.N. 125 of 2004; L.N.
130 of 2007)

(6) Any auditors' fees and expenses incurred as regards an examination required under subsection (1) shall be
paid by the Board.

(Part IIIA added 51 of 1993 s. 5)

Section: 32N Use of resources of Travel Industry Council L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) The Travel Industry Council shall ensure, as far as reasonably practicable, that in any financial year to

which this section applies, a specified percentage of its recurrent expenditure is met out of its relevant income.
(2) The Secretary for Commerce and Economic Development may specify in writing a percentage for the

purposes of subsection (1). (Amended L.N. 125 of 2004; L.N. 130 of 2007)
(3) This section applies to the financial year next following the commencement* of the Travel Agents

(Amendment) Ordinance 1993 (51 of 1993) and every subsequent financial year.
(4) In subsection (1)-

"relevant income" (有關收入) means income other than income derived from the Council levy;
"specified" (指明) means specified for the time being by the Secretary for Commerce and Economic Development

under subsection (2). (Amended L.N. 125 of 2004; L.N. 130 of 2007)
(Part IIIA added 51 of 1993 s. 5)

______________________________________________________________________________
Note:
* Commencement date: 15 October 1993.




Cap 218 - TRAVEL AGENTS ORDINANCE 17

Section: 32O Directions by Secretary for Commerce and Economic
Development*

L.N. 130 of 2007 01/07/2007



Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) The Secretary for Commerce and Economic Development may give directions to the Board generally or in

a particular case relating to the performance of its functions or exercise of its powers. (Amended L.N. 125 of 2004;
L.N. 130 of 2007)

(2) Where a direction is given under subsection (1), the Board shall comply with it.
(Part IIIA added 51 of 1993 s. 5)

_________________________________________________________________________________________
Note:
* (Amended L.N. 130 of 2007)

Section: 32P Accounts L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) The Board shall keep proper accounts and records and shall, within 4 months of the expiry of each financial

year or such longer period as the Secretary for Commerce and Economic Development may allow, prepare in respect
of that financial year, a statement of accounts of the Board which shall include an income and expenditure account and
a balance sheet. (Amended L.N. 125 of 2004; L.N. 130 of 2007)

(2) A statement of accounts referred to in subsection (1) shall be audited by an auditor appointed by the Board
with the approval of the Secretary for Commerce and Economic Development, and the auditor shall prepare a report
on the statement of accounts and send it to the Board. (Amended L.N. 125 of 2004; L.N. 130 of 2007)

(3) The Director of Audit or any other public officer authorized by him for the purposes of this subsection may,
at any reasonable time, examine any books, accounts, records or other documents kept by the Board and, if he thinks
fit, make a copy of the whole or any entry in any such document.

(4) The Board-
(a) shall, subject to paragraph (b), determine the period of 12 months which is to be the financial year of

the Board; and
(b) may determine a period of less than 12 months as its first financial year.

(5) In this section and section 32Q "financial year" (財政年度) means the period determined under subsection
(4)(a) or (b) as may be applicable.

(Part IIIA added 51 of 1993 s. 5)

Section: 32Q Annual report L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


The Board shall, within 2 months of the receipt by it of the auditor's report in respect of its accounts for a

particular financial year or such longer period as the Secretary for Commerce and Economic Development may allow,
submit-

(a) a report on the affairs of the Board;
(b) a copy of its statement of accounts; and
(c) a copy of the auditor's report on the accounts,

for that year to the Secretary for Commerce and Economic Development.
(Part IIIA added 51 of 1993 s. 5. Amended L.N. 125 of 2004; L.N. 130 of 2007)





Cap 218 - TRAVEL AGENTS ORDINANCE 18

Section: 32R Transfer of assets and liabilities L.N. 163 of 2013 03/03/2014


(1) On the commencement* of the Travel Agents (Amendment) Ordinance 1993 (51 of 1993) (in this section
and section 32S referred to as "the amending Ordinance"), all assets and liabilities of the Company existing
immediately before such commencement shall be transferred to and vested in the Board.

(2) Without affecting the generality of subsection (1), on the commencement of the amending Ordinance-
(a) the money which immediately before the commencement of the amending Ordinance constituted a

fund known under this Ordinance as the Travel Agents' Reserve Fund;
(b) where any money of the fund referred to paragraph (a) had been invested, any such investment;
(c) the money which immediately before the commencement of the amending Ordinance constituted the

fund known to the Company as the "the Fund" and established, administered and maintained by the
Company; and

(d) where any money of the fund referred to in paragraph (c) had been invested, any such investment,
shall become the property of the Board.

(3) All money or investments which become the property of the Board under subsection (2) and which
immediately before the commencement of the amending Ordinance were standing in the books of any bank, or were
registered in the books of any bank, corporation or company in the name of the fund referred to in subsection (2)(a) or
the Company, as the case may be, shall, upon the request of the Board, be transferred in those books by the bank,
corporation or company into the name of the Board.

(4) The Board shall pay any money which becomes its property under subsection (2) or (3) into the Travel
Industry Compensation Fund.

(5) Every contract which was entered into and is in force immediately before the commencement of the
amending Ordinance between the Company and any person shall continue in force on and after that commencement,
but shall be construed and have effect as if the Board were substituted therein for the Company and shall be
enforceable by or against the Board accordingly and, without affecting the generality of the foregoing, any right of the
Company as regards the repayment of the whole or part of any debt or the payment of interest, which was so in force,
and chose in action relating to any such right shall, by virtue of this subsection, be transferred to and vested in the
Board.

(6) On the commencement of the amending Ordinance, the Company shall, notwithstanding any provisions to
the contrary in its constitution governing the winding up or dissolution of the Company and notwithstanding the
provisions of any other Ordinance, be deemed to be dissolved under section 291A(1) of the Companies Ordinance
(Cap 32) as in force at the time of that commencement as if, on that commencement, the High Court had made an
order under that section that the company be struck off the register and dissolved and, accordingly, the Registrar of
Companies shall, on that commencement, or so soon thereafter as is possible, strike the company off the register.
(Amended 28 of 2012 ss. 912 & 920)

(7) For the avoidance of doubt, it is hereby declared that-
(a) section 765(1) of the Companies Ordinance (Cap 622) does not apply; and
(b) section 757 of the Companies Ordinance (Cap 622) applies, (Amended 28 of 2012 ss. 912 & 920)

to the Company.
(8) In this section "Company" (有關公司) means the limited company registered in the name of TIC Reserve

Fund under the Companies Ordinance (Cap 32) immediately before the commencement of the amending Ordinance.
(Part IIIA added 51 of 1993 s. 5)

______________________________________________________________________________
Note:
* Commencement date: 15 October 1993.

Section: 32S Transitional 30/06/1997


Where a person had, before the commencement of the amending Ordinance, applied for an ex gratia payment
from a fund referred to in section 32(R)(2)(a) or (c), and on the date of that commencement, that application-

(a) had been disposed of and a determination had been made to pay an ex gratia payment but such
payment had not been made; or

(b) had not been determined,
the Board shall in the case referred to in-

(i) paragraph (a), pay to such applicant the amount so determined;



Cap 218 - TRAVEL AGENTS ORDINANCE 19

(ii) paragraph (b), determine such application and accordingly may pay to such applicant, if it thinks fit, an
ex gratia payment of an amount which it considers appropriate.

(Part IIIA added 51 of 1993 s. 5)

Part: IV (Repealed 70 of 1988 s. 15) 30/06/1997




Section: 33 (Repealed 70 of 1988 s. 15) 30/06/1997




Section: 34 (Repealed 70 of 1988 s. 15) 30/06/1997




Part: V (Repealed 70 of 1988 s. 15) 30/06/1997




Section: 35 (Repealed 70 of 1988 s. 15) 30/06/1997




Section: 36 (Repealed 70 of 1988 s. 15) 30/06/1997




Section: 37 (Repealed 70 of 1988 s. 15) 30/06/1997




Section: 38 (Repealed 70 of 1988 s. 15) 30/06/1997




Section: 39 (Repealed 70 of 1988 s. 15) 30/06/1997




Section: 40 (Repealed 70 of 1988 s. 15) 30/06/1997




Section: 41 (Repealed 70 of 1988 s. 15) 30/06/1997




Part: VI (Repealed 70 of 1988 s. 15) 30/06/1997




Section: 42 (Repealed 70 of 1988 s. 15) 30/06/1997




Section: 43 (Repealed 70 of 1988 s. 15) 30/06/1997




Section: 44 (Repealed 70 of 1988 s. 15) 30/06/1997




Part: VII MISCELLANEOUS 30/06/1997






Cap 218 - TRAVEL AGENTS ORDINANCE 20

Section: 45 Registrar's power of inspection E.R. 2 of 2014 10/04/2014


(1) For the purpose of conducting an investigation under section 21 or of ascertaining whether the provisions of
this Ordinance are being or have been complied with by any licensee, the Registrar, or any person authorized in
writing in that behalf by the Registrar on production of his authority (if required), may enter any premises where-

(a) the business of a travel agent is being carried on; or
(b) he believes, upon reasonable grounds, that the books of account of a person carrying on business as a

travel agent
are kept,

and demand production of and inspect the licence or any such books of account and may make and take away notes,
copies or extracts therefrom.

(2) Any person who-
(a) wilfully obstructs the Registrar or any person authorized by him in writing under subsection (1) in the

performance of his functions under that subsection; or
(b) without reasonable excuse fails to give the Registrar or any person authorized by him in writing under

subsection (1) such assistance or information as he may require in the performance of his functions
under that subsection,

commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.
(Amended E.R. 2 of 2014)


Section: 46 Registrar's powers in relation to records kept in non-

legible form
30/06/1997



If any books of account required to be kept under this Ordinance are kept by a licensee by recording any matters
in question otherwise than in a legible form, any power conferred by this Ordinance to require production of such
books or to take copies thereof or extracts therefrom shall be construed as including power to require production of,
and to take away, a reproduction of the recording or of the relevant part of it in a legible form.

Section: 47 Publication of advertisements 30/06/1997


(1) No person shall publish any advertisement referring to the provision of a travel service by any person
required to be licensed under this Ordinance unless that advertisement relates to the provision of a travel service by a
licensed travel agent and the licence number of that licensed travel agent is stated clearly in the advertisement.

(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $2000.
(3) Where a person is charged with an offence under subsection (2) relating to an advertisement, it shall be a

defence for such person to show that he carries on the business of publishing or arranging for the publication of
advertisements, that he received the advertisement for publication in the ordinary course of business and that at the
time he published the advertisement he believed upon reasonable grounds that the advertisement related to the
provision of a travel service by a licensed person or an exempt person.

(4) In this section "publish" (發布) includes issue, circulate, display, distribute or broadcast.

Section: 48 Offences 30/06/1997


(1) Any person who-
(a) contravenes section 9;
(b) fails to comply with section 24; or
(c) makes any false or misleading statement or furnishes any false or misleading information in

connection with-
(i) any application for the issue or renewal of a licence; or
(ii) any exemption under section 3; or
(iii) any request by the Registrar for information under this Ordinance,

commits an offence and is liable-
(A) on conviction upon indictment to a fine of $100000 and to imprisonment for 2 years; or
(B) on summary conviction to a fine of $10000 and to imprisonment for 6 months.



Cap 218 - TRAVEL AGENTS ORDINANCE 21

(2) Any licensee who contravenes section 14 or 16(1) commits an offence and is liable to a fine of $10000.
(3) Where a person is charged with an offence under subsection (1)(a) it shall be a defence for such person to

show that the operation or business alleged to have been carried on by such person was carried on only to the extent
necessary to meet an obligation incurred before the date on which this section came into operation.

Section: 49 Liability for offences by bodies corporate 30/06/1997


When at any time a body corporate commits an offence under this Ordinance with the consent or connivance of,
or because of neglect by, any individual, the individual commits the like offence if at that time-

(a) he is a controller of the body corporate; or
(b) he is a director, manager, secretary or similar officer of the body corporate or is purporting to act as

such officer or as agent of such body corporate; or
(c) the body corporate is managed by its members, of whom he is one.


Section: 50 Regulations L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) The Secretary for Commerce and Economic Development may by regulation- (Amended 80 of 1997 s. 9;

L.N. 218 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)
(a) regulate applications for licences and the renewal of licences;
(b) prescribe forms for the purposes of this Ordinance;
(c) prescribe the form of any certificate, notice, application or order for the purpose of section 29;
(d) prescribe particulars to be supplied in connection with an application for a licence;
(e) provide for the keeping and maintenance of the register;
(f) provide for the proof of matters relating to licensing and suspension and revocation of licences;
(fa) prescribe services obtained for visitors for the purpose of section 4A(1)(c), including the circumstances

in which such services are obtained; (Added 10 of 2002 s. 8)
(g) (Repealed 80 of 1997 s. 9)
(h) provide for the membership, powers, functions and procedure of meetings of the Advisory Committee;
(i) provide for the duties of any person licensed under this Ordinance;
(j) prescribe anything required or permitted to be prescribed under this Ordinance; and
(k) provide for the better carrying into effect of this Ordinance.

(2) The Chief Executive in Council may by regulation prescribe fees for the licensing of persons as travel
agents and relating to the register. (Added 80 of 1997 s. 9. Amended 66 of 2000 s. 3)

Section: 51 Notices 30/06/1997


Any notice, other than notices served under sections 23 and 29, required to be given or notified in writing to a
licensee under this Ordinance may be served by post addressed to the last address of the licensee known to the
Registrar.

(Amended 39 of 1994 s. 3)

Section: 52 No liability in the case of the bona fide exercise of functions

under the Ordinance
30/06/1997



(1) No liability shall be incurred by any person in respect of anything done or omitted to be done by him bona
fide in the exercise or purported exercise of any functions conferred or imposed by or under this Ordinance.

(2) In this section "functions" (職能) includes powers and duties.




Cap 218 - TRAVEL AGENTS ORDINANCE 22

Section: 53 Secretary for Commerce and Economic Development may
amend Schedule*

L.N. 130 of 2007 01/07/2007



Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


The Secretary for Commerce and Economic Development may by notice in the Gazette amend Schedule 1.

(Added 70 of 1988 s. 16. Amended 51 of 1993 s. 6; L.N. 125 of 2004; L.N. 130 of 2007)
_________________________________________________________________________________________
Note:
* (Amended L.N. 130 of 2007)

Section: 54 Transitional 30/06/1997


(1) Notwithstanding the repeal of-
(a) section 32(1)(e) by section 14(d) of the Travel Agents (Amendment) Ordinance 1988 (70 of 1988)

and
(b) section 33, 34 and 36 to 44 by section 15(1) of the Travel Agents (Amendment) Ordinance 1988 (70

of 1988),
those provisions shall, in the case of an application for an ex gratia payment made under section 43 prior to the
specified date, continue to apply to such application to the same extent that they applied immediately before their
repeal.

(2) In this section "specified date" (指明日期) means a date specified by the Governor by notice in the Gazette
for the purposes of this section.+

(Incorporated 70 of 1988 s. 18)
______________________________________________________________________________
Note:
+ 23 January 1989-L.N. 357 of 1988.

Schedule: 1 30/06/1997


[sections 2, 32A & 53]
(Amended 51 of 1993 s. 7)


PART I


APPROVED ORGANIZATIONS


Item Description


1. Travel Industry Council of Hong Kong

(香港旅遊業議會).



PART II


ASSOCIATION MEMBERS

Item Description


1. Hong Kong Association of Travel Agents Limited

(香港旅行社協會有限公司).




Cap 218 - TRAVEL AGENTS ORDINANCE 23

2. The Federation of Hong Kong Chinese Travel Agents Limited (Replaced L.N. 475 of 1994)
(香港華商旅遊協會有限公司).


3. International Chinese Tourist Association Limited
(國際華商觀光協會有限公司).


4. Society of IATA Passenger Agents Limited
(國際航空協會審訂旅行社商會有限公司).


5. Hongkong Taiwan Tourist Operators Association Limited
(港台旅行社同業商會有限公司).


6. Hong Kong Association of China Travel Organisers Limited
(香港中國旅遊協會有限公司).


7. Hong Kong Outbound Tour Operators' Association Limited
(香港外遊旅行團代理商協會有限公司). (Added L.N. 325 of 1992)


8. Hongkong Japanese Tour Operators Association Limited
(香港日本人旅客手配業社協會有限公司). (Added L.N. 107 of 1993)

(Schedule 1 replaced 70 of 1988 s. 17)

Schedule: 2 PROVISIONS AS RESPECTS THE BOARD AND ITS

MEMBERS
66 of 2000 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 66 of 2000 s. 3


[section 32B]

1. In this Schedule-
"chairman" (主席) means the person appointed as such under section 32B(2)(a) of this Ordinance;
"member" (委員) means any person appointed as a member under section 32B(2)(a) or the ex officio member referred

to in section 32B(2)(b) of this Ordinance.

2. The chairman or any member appointed under section 32B(2)(a) of this Ordinance may-

(a) resign by notice in writing addressed to the Chief Executive; and
(b) be removed from office by the Chief Executive, by notice in writing, if he is satisfied that such person

is incapacitated by physical or mental illness or is otherwise unable or unfit to discharge the functions
of his office.

(Amended 66 of 2000 s. 3)

3. If the chairman or a member appointed under section 32B(2)(a) of this Ordinance is unable to act in that capacity
or perform the functions of his office for any period by reason of absence from Hong Kong, temporary incapacity or
any other reason, the Chief Executive may appoint another person to act in the place of the chairman or such member,
as the case may be, for that period.

(Amended 66 of 2000 s. 3)

4. Sections 51, 52 and 53 of the Interpretation and General Clauses Ordinance (Cap 1) shall apply as regards the
Board.

5. At any meeting of the Board the chairman, or in his absence the person acting in his place for the time being
pursuant to section 3 or in the absence of both such persons, any person elected by the members present from amongst



Cap 218 - TRAVEL AGENTS ORDINANCE 24

themselves, shall preside.

6. The quorum for any meeting of the Board shall be not less than a majority of its members for the time being.

7. (1) Any member of the Board who has a direct or indirect interest in any matter which is to be considered at any
meeting of the Board, and who is present at such meeting shall, as soon as practicable after the commencement of the
meeting-

(a) if he is presiding at the meeting; or
(b) if he is not presiding at the meeting, disclose to the person presiding at the meeting, the fact and nature

of his interest and shall, if required by such person,
withdraw from the meeting at any time and for so long as the matter is being considered, and in any case shall not vote
thereon.

(2) Any member of the Board or a committee who has an interest of the nature referred to in subsection (1) and
who is consulted by circulation of papers on a matter relating to the subject of his interest shall disclose to the
chairman the fact and nature of his interest.


8. Subject to this Ordinance the Board may determine its own procedure.

(Schedule 2 added 51 of 1993 s. 7)

Related Laws