### Travel Industry Ordinance 《旅遊業條例》

23. Additional guarantee money requirement for person taken to be licensed travel agent under Schedule 10
(1) In this section—
specified misconduct (指明不當行為) has the meaning given by section 22(1).
(2) This section applies to a person who has deposited guarantee money under section 22(4).
(3) The guarantee money requirement for a person to whom this section applies is that if the Authority requires the person to do so, the person must deposit guarantee money in accordance with this section.
(4) If—
(a) the amount or aggregated amount of financial penalties imposed under Parts 7 and 8 on a person to whom this section applies exceeds the level specified by the Authority; or
(b) the frequency of specified misconduct by a person to whom this section applies exceeds the level specified by the Authority,
the Authority may require the person to deposit additional guarantee money of the amount specified for level 1 in Schedule 6 in accordance with this section.
(5) If a person who has deposited additional guarantee money under subsection (4) applies for the renewal of the person’s travel agent licence under section 13, the Authority may require the person to deposit guarantee money of the amount specified for level 2 in Schedule 6 in accordance with this section.
(6) The guarantee money is to be in the form of a bank guarantee, in terms acceptable to the Authority, from an authorized institution within the meaning of section 2(1) of the Banking Ordinance (Cap. 155).
(7) The period for which the guarantee money is to be deposited is the period specified by the Authority which—
(a) for the guarantee money required under subsection (4), may be longer than the validity period of the relevant travel agent licence; or
(b) for the guarantee money required under subsection (5), may be longer than the validity period of the relevant travel agent licence, if renewed.

24. Authorized representative requirement for applicant for travel agent licence or renewal of travel agent licence
(1) For the purposes of sections 8(2)(a)(v) and 14(2)(a)(iii), the authorized representative requirement for an applicant is that—
(a) the application must set out—
(i) the particulars of the individual who is proposed to be the applicant’s authorized representative; and
(ii) the individual’s consent; and
(b) the Authority approves the individual as the applicant’s authorized representative.
(2) The Authority may approve an individual as the applicant’s authorized representative only if—
(a) the Authority is satisfied that the individual is suitable to be an authorized representative of a travel agent; and
(b) the individual is not already an authorized representative of a licensed travel agent other than the applicant.

### Travel Industry Ordinance 《旅遊業條例》

25. Individual suitable to be authorized representative of travel agent
(1) In determining for the purposes of section 24(2)(a) whether an individual is suitable to be an authorized representative of a travel agent, the Authority must have regard to all relevant matters, including—
(a) the matters set out in section 1(1) of Schedule 4;
(b) whether the individual is associated with the business of the travel agent in the capacity of—
(i) a director, manager, company secretary or controller of a company;
(ii) a partner in a partnership, or a person concerned in the management of the partnership; or
(iii) a sole proprietor, or a person concerned in the management of the sole proprietorship;
(c) whether the individual has completed the courses specified by the Authority; and
(d) whether the individual meets the qualification requirement set out in Schedule 7.
(2) If the Authority is not satisfied that an individual is suitable to be an authorized representative of a travel agent, the individual is also not suitable to be an authorized representative of any other travel agent within the prescribed period.
(3) Despite subsection (2), the Authority may permit the individual to be an authorized representative of a travel agent within the prescribed period if the Authority is satisfied that the ground for determining that the individual is not suitable no longer exists.

26. Authorized representative of licensed travel agent
(1) This section applies if—
(a) a person applies for a travel agent licence or the renewal of a travel agent licence; and
(b) the licence is issued or renewed.
(2) The individual named in the application as authorized representative becomes the licensed travel agent’s authorized representative.

27. Duties of authorized representative of licensed travel agent
The duties of an authorized representative of a licensed travel agent are—
(a) to ensure adequate supervision of the operation, management and control of the travel agent for protecting the interest and safety of the customers of the travel agent;
(b) to ensure that the operation of the travel agent is in compliance with all the requirements in this Ordinance; and
(c) to inform the Authority of any changes in the prescribed particulars of the travel agent in the prescribed way.

### Travel Industry Ordinance 《旅遊業條例》

28. Requirement to cease to be authorized representative
(1) The Authority may require an individual to cease to be the authorized representative of a licensed travel agent if the Authority reasonably believes that—
(a) having regard to the matters set out in section 25(1), the individual is no longer suitable to be an authorized representative of a travel agent; or
(b) the individual has failed to fulfil a duty set out in section 27.
(2) If the Authority intends to make the requirement under subsection (1), it must—
(a) by notice in writing given to the individual—
(i) notify the individual of the intention; and
(ii) give reasons for the intention; and
(b) send a copy of the notice to the travel agent.
(3) The individual and the travel agent may, within 7 days after the date of the notice, or a longer period the Authority may permit, make representations in writing to the Authority as to why the Authority should not make the requirement.
(4) If the Authority decides to make the requirement, it must, within 21 days beginning on the date on which the decision is made—
(a) by notice in writing given to the individual—
(i) notify the individual of the decision;
(ii) give reasons for the decision; and
(iii) notify the individual that—
(A) the individual will also not be suitable to be an authorized representative of any travel agent for the period specified in the notice; and
(B) unless the ground for making the decision no longer exists, an application for a travel agent licence, or the renewal of a travel agent licence, made during the specified period will be refused if the individual is proposed to be the applicant’s authorized representative; and
(b) by notice in writing given to the travel agent—
(i) notify the travel agent of the decision;
(ii) give reasons for the decision; and
(iii) notify the travel agent that—
(A) the travel agent must, within 14 days after the date of the notice, or a longer period the Authority may permit, apply to the Authority for approval of another individual as the travel agent’s authorized representative; and
(B) if the travel agent fails to make the application within that period, or if the application is refused, the travel agent’s licence may be revoked or suspended.
(5) The period specified under subsection (4)(a)(iii)(A) must be reasonable in the circumstances.
(6) The travel agent must within 14 days after the date of the notice given to the travel agent under subsection (4)(b), or a longer period the Authority may permit, apply to the Authority for approval of an individual as the travel agent’s authorized representative.