### Travel Industry Ordinance 《旅遊業條例》

147. Fund levy
(1) A licensed travel agent is liable to contribute to the Compensation Fund by way of levy (Fund levy

148. Electronic system
Payments of Authority levy and Fund levy, and the recording and proof of the payments, may be made through an electronic system prescribed by regulations made under section 149.

### Travel Industry Ordinance 《旅遊業條例》

149. Regulations for Part 9
(1) The Authority may, after consulting the Secretary, make regulations for one or more of the following purposes—
(a) to prescribe the circumstances in which—
(i) an application for an ex gratia payment may be made by or in respect of an outbound traveller; and
(ii) an ex gratia payment may be made to or in respect of an outbound traveller;
(b) to prescribe the maximum amount or rate payable as an ex gratia payment to or in respect of an outbound traveller;
(c) to prescribe the operation and details of a system for the collection, payment and recording of levies, including an electronic system.
(2) Regulations made for the purposes of subsection (1)(c) may prescribe offences for contravention of the regulations, and may provide for the imposition in respect of such an offence of a fine not exceeding $200,000.
(3) The Authority may also make regulations for one or more of the following purposes—
(a) to prescribe the way in which an application for an ex gratia payment is to be made;
(b) to prescribe a period within which an application for an ex gratia payment is to be made;
(c) to enable the Authority—
(i) to submit an application for an ex gratia payment as a proof of debt in any bankruptcy or winding up proceedings; and
(ii) to require the assignment of an outbound traveller’s rights of action as a pre-condition for the making of an ex gratia payment;
(d) to provide generally for the better carrying out of the purposes of this Part.
(4) For the purposes of subsection (3), the regulations may provide that—
(a) an authorization to apply for an ex gratia payment in respect of an outbound traveller will survive the traveller’s subsequent death or mental incapacity within the meaning of section 2(1) of the Mental Health Ordinance (Cap. 136); and
(b) if—
(i) an application for an ex gratia payment in the case of a loss suffered in respect of an accident is made in respect of an outbound traveller pursuant to an authorization; and
(ii) the application is accepted,
the ex gratia payment may be made to any person who has incurred relevant expenses in respect of the traveller, even though the traveller has died or is mentally incapacitated within the meaning of section 2(1) of the Mental Health Ordinance (Cap. 136).
(5) For the purposes of subsection (3)(a), the regulations may provide that an application for an ex gratia payment must be accompanied by proof of levy payment.

### Travel Industry Ordinance 《旅遊業條例》

150. Establishment of Authority
(1) A body corporate is established with the name “Travel Industry Authority” in English and “旅遊業監管局” in Chinese.
(2) The Authority—
(a) has perpetual succession;
(b) must have a common seal; and
(c) may sue and be sued in its name.
(3) Schedule 9 (which contains constitutional, administrative and financial provisions) has effect in relation to the Authority.

151. Functions of Authority
The functions of the Authority are—
(a) to promote the integrity, competence and professionalism of—
(i) travel agents;
(ii) tourist guides; and
(iii) tour escorts;
(b) to regulate shops that inbound tour groups are arranged to patronize in relation to that patronage;
(c) to advise the Government on matters relating to the regulation of—
(i) travel agents;
(ii) tourist guides; and
(iii) tour escorts;
(d) to receive and process applications for licences;
(e) to issue, renew, amend, revoke and suspend licences;
(f) to impose licence conditions that it considers appropriate;
(g) to hold, manage and apply the Compensation Fund; and
(h) (without limiting the above paragraphs) to perform any function conferred on the Authority by or under this Ordinance or another Ordinance.

152. Powers of Authority
(1) The Authority may do anything it considers necessary for, or incidental or conducive to, the performance of its functions under this Ordinance.
(2) Without limiting subsection (1), the Authority may—
(a) acquire, hold and dispose of property of any kind including land and grant leases of land (including parts of buildings);
(b) make contracts or other agreements;
(c) receive and expend moneys;
(d) borrow and raise moneys as may be required for the performance of its functions on such security or other terms as may be approved in writing by the Financial Secretary;
(e) invest any money of the Authority that is not immediately required to be expended and is available for investment;
(f) accredit and administer courses and examinations in relation to applications for licences and renewal of licences;
(g) deal with emergencies involving inbound and outbound tour groups;
(h) gather and publish information on fees and costs relating to the organization of inbound and outbound tour groups;
(i) design and implement a penalty system, including warnings, reprimands, demerit points, financial penalties, revocation and suspension of licences, to be used in disciplinary actions against licensees;
(j) establish and implement an administrative scheme for regulating shops that inbound tour groups are arranged to patronize;
(k) issue guidelines, directives and codes of conduct for regulating licensees;
(l) refer to an independent panel to be appointed by the Secretary disputes between consumers and licensees that do not involve disciplinary matters, and administer the panel; and
(m) subject to this Ordinance, regulate its own procedure and the conduct of its business.

### Travel Industry Ordinance 《旅遊業條例》

153. Authority not servant or agent of Government
The Authority is not a servant or agent of the Government and does not enjoy any status, immunity or privilege of the Government.

154. Delegation by Authority
(1) The Authority may delegate any of its functions to—
(a) the Executive Director;
(b) another officer of the Authority with managerial duties or occupying a senior position in the Authority (whether by reference to the name of the officer or to the office held by the officer);
(c) the disciplinary committee; or
(d) a committee of the Authority.
(2) However, the following functions must not be delegated—
(a) the power conferred by subsection (1) to delegate;
(b) the power to appoint the Executive Director and to decide terms of employment of the Executive Director;
(c) the power to remove a person from the office of Executive Director;
(d) the duty to establish the disciplinary committee;
(e) the power to appoint a person to be a member of the disciplinary committee;
(f) the power to remove a member of the disciplinary committee from office;
(g) the power to refer the facts of a case to the chairperson of the disciplinary committee;
(h) the power to establish committees;
(i) the power to appoint a person to be a member of a committee;
(j) the power to remove a member of a committee from office;
(k) the power to refer a matter to a committee for consideration, inquiry or handling;
(l) the power to amend the terms of reference of a committee or to dissolve a committee;
(m) the power to borrow, raise or invest money;
(n) the power to make regulations;
(o) the power to issue guidelines, directives and codes of conduct;
(p) the power to authorize a person to authenticate the affixing of the common seal of the Authority;
(q) the duty to prepare and submit the Authority’s annual work plan, and estimates of its income and expenditure, to the Secretary;
(r) the duty to prepare a financial statement.
(3) A delegation under this section does not prevent or restrict the concurrent performance by the Authority of any of its functions.
(4) A delegation under this section may contain terms relating to the performance of the functions delegated.
(5) The Authority may revoke a delegation under this section in whole or in part at any time.
(6) A person purporting to act in accordance with a delegation under subsection (1) is presumed, unless the contrary is proved, to be acting in accordance with the terms of the delegation.